PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 51. EXECUTIVE
SUBCHAPTER E. LEAVE POOLS
The Texas Parks and Wildlife Department proposes new 31 TAC §51.143, concerning Peace Officer Legislative Leave Pool. The most recent session of the Texas Legislature enacted Senate Bill 922, which amended Parks and Wildlife Code, Chapter 11, by adding new §11.0183, which requires the department to allow a peace officer commissioned by the department to voluntarily transfer up to eight hours of compensatory time or annual leave per year to a leave pool for use as leave for legislative activities conducted on behalf of a law enforcement association. Senate Bill 922 requires the commission to adopt rules and prescribe procedures relating to the operation of the legislative leave pool.
The proposed new rule would set forth the purpose of the leave pool, designate a pool administrator, and require the pool administrator, with the advice and consent of the executive director of the agency, to develop and implement operating procedures consistent with the requirements of the proposed new rule and relevant law governing operation of the pool.
Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule as proposed.
Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be compliance with the directives of the legislature.
Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rule will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, the department has determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will create a government program (the peace officer legislative leave pool); not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; create a new regulation (to create the peace officer legislative leave pool); not expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.
Comments on the proposed rule may be submitted to Patty David, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4808; email: patricia.david@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.
The new rule is proposed under the authority of Parks and Wildlife Code, §11.0183, which requires the commission to adopt rules to create and administer a peace officer legislative leave pool.
The proposed new rule affects Parks and Wildlife Code, Chapter 11.
§51.143.Peace Officer Legislative Leave Pool.
A leave pool is established to provide peace officers commissioned by the department with the opportunity to use annual leave or compensatory time donated to the pool for use as legislative leave on behalf of a law enforcement association.
(1) The director of human resources is designated as the pool administrator.
(2) The pool administrator, with the advice and consent of the executive director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.
(3) Donations to the pool are strictly voluntary.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304648
James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Department proposes new 31 TAC §51.673, concerning the Oyster Advisory Committee (OAC).
Parks and Wildlife Code, §11.0162, authorizes the Chairman of the Texas Parks and Wildlife Commission (the Commission) to "appoint committees to advise the commission on issues under its jurisdiction." Under Parks and Wildlife Code, Chapter 76, the legislature has designated TPWD as the primary regulatory agency for public oyster beds and certificates of location (oyster leases), including the taking, possession, purchase, and sale of oysters. Government Code, Chapter 2110, requires that rules be adopted regarding each state agency advisory committee. Unless otherwise provided by specific statute, the rules must state the purpose of the committee and describe the way the committee will report to the agency. The rules may also establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute. Under this authority, the Commission has established a number of advisory committees to provide the department with informed opinion regarding various aspects and dimensions of the department's mission. These advisory committees perform a valuable service for the department and the people of Texas.
The department is the primary state agency responsible for the regulation and management of public and private oyster beds, including the taking, possession, purchase, and sale of oysters. Staff have determined that the creation of an advisory board for matters involving oysters would be helpful in assisting the department and the commission in determining and executing appropriate strategies to maximize the long-term health of oyster resources and the additional habitat and ecosystem services they provide.
Dr. Tiffany Hopper, Science and Policy Branch Chief, Coastal Fisheries Division, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local government as a result of administering the rule. There will be no impact on persons required to comply with the rule as proposed.
Dr. Hopper also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be the enhancement of department and commission decision-making with respect to regulation of oysters.
Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rule will not result in any direct economic costs to any small businesses, micro-businesses, or rural community; therefore, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of a fee; create a new regulation (to provide for the new advisory group); not expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.
Comments on the proposed rule may be submitted to Michaela Cowan, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8575; email: cfish@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.
The new rule is proposed under Government Code, Chapter 2110, which requires the adoption of rules regarding state agency advisory committees.
The proposed new rule affects Government Code, Chapter 2110.
§51.673.Oyster Advisory Committee (OAC).
(a) The OAC is created to advise the department on all matters pertaining to oysters in Texas.
(b) The OAC shall be composed of up to 24 members of the public.
(c) The OAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).
(d) The OAC shall expire on July 1, 2026.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304646
James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 389-4775
SUBCHAPTER N. STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §57.981, concerning Bag, Possession, and Length Limits, and the repeal of §57.983, concerning Spotted Seatrout - Special Provisions. The proposed amendment would alter the bag, possession, and length limits for spotted seatrout. The proposed repeal would eliminate a spotted seatrout harvest rule that expired on its own terms on August 31, 2023, and is no longer necessary.
In February of 2021, Winter Storm Uri caused a die-off of more than 3.8 million fish on the Texas Coast, with spotted seatrout mortality the highest reported among recreational game fish. An estimated 160,000 spotted seatrout were lost coastwide, with highest losses on the lower coast. On April 1, 2021, the department adopted an emergency rule (46 TexReg 2527) to protect seatrout populations by reducing harvest pressure, which had the additional benefit of accelerating recovery of spotted seatrout in the Laguna Madre system. The emergency rule expired on September 27, 2021. After post-freeze data analysis identified significant impacts in other coastal areas, the commission adopted new §57.983 (47 TexReg 1290) in January of 2022, which mirrored the provisions of the emergency rule (a three-fish daily bag limit, a minimum length limit of 17", and a maximum length limit of 23 inches, with no provision for the retention of oversize fish) but expanded its geographical extent. The new rule was intended to be temporary in nature; thus, it contained an expiration date of August 31, 2023.
Section 57.983 was intended to increase spotted seatrout spawning stock biomass and recruitment to the fishery as a means of recovery following the freeze event. According to modeled data that considers spotted seatrout life history, the full benefit of the rule would take approximately seven years to be realized. Departmental data show continued impact to adult spotted seatrout populations since 2021. Coastwide spring gillnet data shows that the spotted seatrout population remains below the ten-year mean (a decline from recent historical average) and lower coastwide following the freeze event. Despite this, coastwide bag seine data shows increasing recruitment since 2021 to pre-freeze levels.
While the recruitment trends are encouraging, the department continues to receive comment from the regulated community indicating lingering concerns over the long-term sustainability of the fishery and advocating to make permanent the more restrictive bag and length limits of expired §57.983.
Upon expiration of §57.983, the harvest regulation for spotted seatrout in §57.981 (five-fish daily bag limit, 15" minimum length limit, 25" maximum length limit, with one fish longer than 25" allowed to be retained as part of the daily bag limit) resumed effect.
To gauge public satisfaction with the current spotted seatrout fishery and gather angler preferences for future spotted seatrout management, six public scoping meetings were held in Port Arthur, Texas City, Port Lavaca, Rockport, Corpus Christi, and Port Isabel from October 17 to October 19, 2023. A total of 281 people attended the scoping meetings, and over 275 comments were received during the meetings as well as via email. Of the comments received, only 4% of respondents opposed any changes to current limits. Additionally, of respondents who specified a specific slot length, 39% were in favor of a 17"-23" slot and 29% favored a 15"-20" slot. Eighty-three percent of comments that specified a bag limit were in favor of a three- fish bag.
Additionally, the department contracted with Texas A&M University to conduct an online survey in September 2023 to gauge public satisfaction with the current spotted seatrout fishery. A stratified random sample size of 10,000 recreational anglers in 32 counties who held one of 22 different license types (all of which were license types that allow anglers to saltwater fish) made up the sample population. The distribution of surveyed anglers among the 32 counties was determined based on encounters at creel surveys that targeted spotted seatrout. The sample also included a census (1,584 individuals) who held an all-water fishing guide license. Of the completed surveys received from recreational anglers, most supported a 15"-20" slot, three- fish bag limit, with one fish over the maximum size allowed, while a 17"-23" slot, five-fish bag limit, with one fish over the maximum size allowed was least supported. Of the completed surveys received from fishing guides, most supported a 15"-20" slot, three-fish bag limit, with one fish over the maximum size allowed, while a 17"-23" slot, five-fish bag limit, with one fish over the maximum size allowed was least supported.
The department also analyzed long-term data to inform the proposed amendment. In 2020, the year before the freeze, approximately 50% of anglers who landed any seatrout landed just one seatrout. This trend was even more pronounced when the emergency regulation was in place, with approximately 67% of anglers landing just one seatrout. The department also evaluated angler satisfaction as it related to bag size between years with the emergency regulations and those without. This evaluation showed that while satisfaction is positively correlated with number of fish caught, the satisfaction of reaching the bag limit was similar regardless of the three fish or five fish bag limit.
Based on the harvest and population data and the input of the regulated community, the department proposes to alter the current harvest rule by implementing a reduced daily bag limit (from five fish to three fish), retaining the current minimum length limit of 15", reducing the maximum length limit to 20" from 25", and continuing to allow the retention of one fish longer than 25" as part of the daily bag limit. The proposed amendment would be implemented on a coastwide basis.
The proposed repeal is necessary to repeal a harvest rule that is unnecessary because it has expired on its own term.
Mr. Dakus Geeslin, Deputy Director, Coastal Fisheries Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.
Mr. Geeslin also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be the dispensation of the agency's statutory duty to protect and conserve the fisheries resources of this state by protecting fisheries resources from depletion. In addition, the rule will increase the long-term sustainability of the resource, based on projected future impacts and expected changes to the fishery based on fishing pressure.
Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impacts to small businesses, micro-businesses, or rural communities. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.
The department has determined that the proposed rule will not result in direct adverse impacts on small businesses, micro-businesses, or rural communities because spotted seatrout by statute cannot be harvested for commercial purposes and because the proposed rule regulates recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and therefore does not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation, but will modify an existing regulation; not repeal, expand, or limit a regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.
The department has determined that the proposed rule is in compliance with Government Code, §505.11 (Actions and Rule Amendments Subject to the Coastal Management Program).
Comments on the proposed amendment may be submitted to Michaela Cowan, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8734; e-mail: cfish@tpwd.texas.gov or via the department's website at http://www.tpwd.texas.gov/.
DIVISION 2. STATEWIDE RECREATIONAL FISHING PROCLAMATION
The amendment and repeal are proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.
The proposed amendment and repeal affect Parks and Wildlife Code, Chapter 61.
§57.981.Bag, Possession, and Length Limits.
(a) - (b) (No change.)
(c) There are no bag, possession, or length limits on game or non-game fish, except as provided in this subchapter.
(1) - (4) (No change.)
(5) Except as provided in subsection (d) of this section, the statewide daily bag and length limits shall be as follows.
(A) - (N) (No change.)
(O) Seatrout, spotted.
(i) Daily bag limit: 3 [5].
(ii) Minimum length limit: 15 inches.
(iii) Maximum length limit: 20 [25] inches.
(iv) Only one spotted seatrout greater than 25 inches may be retained per day. A spotted seatrout retained under this subclause counts as part of the daily bag and possession limit.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304644
James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 389-4775
The repeal is proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.
The proposed repeal affects Parks and Wildlife Code, Chapter 61.
§57.983.Spotted Seatrout - Special Bag, Possession, and Length Limits.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304645
James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 389-4775
SUBCHAPTER B. DISEASE DETECTION AND RESPONSE
DIVISION 1. CHRONIC WASTING DISEASE (CWD)
The Texas Parks and Wildlife Department proposes amendments to 31 TAC §65.81, concerning Containment Zones; Restrictions, and §65.82, concerning Surveillance Zones; Restrictions.
The proposed amendments would establish a chronic wasting disease (CWD) containment zone (CZ) in Coleman County and surveillance zones (SZs) in Kimble, Medina, Cherokee, Coleman, and Kerr counties in response to the continuing detection of CWD in deer breeding facilities, free-ranging populations, and a department research facility, and would heighten the department's surveillance efforts in those areas.
Chronic wasting disease (CWD) is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, elk, red deer, sika, and their hybrids (referred to collectively as susceptible species). It is classified as a TSE (transmissible spongiform encephalopathy), a family of diseases that includes scrapie (found in sheep), bovine spongiform encephalopathy (BSE, found in cattle and commonly known as "Mad Cow Disease"), and variant Creutzfeldt-Jakob Disease (vCJD) in humans.
Much remains unknown about CWD, although robust efforts to increase knowledge are underway in many states and countries. The peculiarities of its transmission (how it is passed from animal to animal), infection rate (the frequency of occurrence through time or other comparative standard), incubation period (the time from exposure to clinical manifestation), and potential for transmission to other species are still being investigated. Currently there is scientific evidence to suggest that CWD has zoonotic potential; however, no confirmed cases of CWD have been found in humans. Consequently, both the Center for Disease Control and Prevention and the World Health Organization strongly recommend testing animals taken in areas where CWD exists, and recommend not consuming the meat of infected animals. What is known is that CWD is invariably fatal to certain species of cervids and is transmitted both directly (through animal-to-animal contact) and indirectly (through environmental contamination). If CWD is not contained and controlled, the implications of the disease for Texas and its multi-billion-dollar ranching, hunting, wildlife management, and real estate economies could be significant.
The department has engaged in several rulemakings over the years to address the threat posed by CWD, including rules to designate a system of management zones in areas where CWD has been confirmed. The purpose of those CWD zones is to better determine the geographic extent and prevalence of the disease while containing it by limiting the unnatural movement of live CWD-susceptible species as well as the movement of carcass parts.
The department's response to the emergence of CWD in captive and free-ranging populations is guided by the department's CWD Management Plan (Plan) https://tpwd.texas.gov/huntwild/wild/diseases/cwd/plan.phtml. Developed in 2012 in consultation with the Texas Animal Health Commission (TAHC), other governmental entities and conservation organizations, and various advisory groups consisting of landowners, hunters, deer managers, veterinarians, and epidemiologists, the Plan sets forth the department's CWD management strategies and informs regulatory responses to the detection of the disease in captive and free-ranging cervid populations in the state of Texas. The Plan is intended to be dynamic; in fact, it must be so in order to accommodate the growing understanding of the etiology, pathology, and epidemiology of the disease and the potential management pathways that emerge as it becomes better understood through time. The Plan proceeds from the premise that disease surveillance and active management of CWD once it is detected are absolutely critical to containing it on the landscape. Accordingly, the first step in the department's response to CWD detections is the timely establishment of management zones around locations where detection occurs. A CZ is "a department-defined geographic area in which CWD has been detected or the department has determined, using the best available science and data, that CWD detection is probable." Designation of a CZ imposes mandatory carcass movement restrictions, and if the department imposes mandatory check stations, all deer harvested within a CZ must be presented at a check station unless otherwise authorized by the department in writing. A SZ is "a department-defined geographic area in this state within which the department has determined, using the best available science and data, that the presence of CWD could reasonably be expected." Within a SZ, the movement of live deer is subject to restrictions and the presentation of harvested deer at a department check station is required. In addition, deer carcass movement restrictions set forth in §65.88 of Subchapter B, Division 1 apply.
Historically, when CWD has been detected in a deer breeding facility but not on any associated release sites, the department has considered the property on which the breeding facility is located to be a de facto CZ because it is surrounded by a fence capable of retaining deer at all times and is immediately subject to a quarantine and a herd plan administered by TAHC. In such cases, the department has designated only a SZ around the index facility. In cases where CWD is detected in a free-ranging deer or a release site associated with a positive facility, the department imposes a CZ.
The Texas Parks and Wildlife Commission has directed staff to develop guidelines or a standard operating procedure (SOP) with respect to the establishment and duration of SZs. The SOP distinguishes two scenarios: 1) the detection of CWD has been in a deer breeding facility but not at any release site associated with a breeding facility and 2) detection of CWD on a release site associated with a deer breeding facility where CWD has been detected. In the first scenario, the department will not establish a SZ if the following can be verified: 1) the disease was detected early (i.e., it has not been in the facility long); 2) the transmission mechanism and pathway are known; 3) the facility was promptly depopulated following detection; and 4) there is no evidence that free-ranging deer populations have been compromised. If any of these criteria is not satisfied, a SZ will be established, to consist of all properties that are wholly or partially located within two miles of the property containing the positive deer breeding facility. None of the discoveries necessitating this rulemaking satisfy all four criteria; thus, the department proposes the new surveillance zones described in this rulemaking.
On September 7, 2023, the department received confirmation that a six-year-old female white-tailed deer in a deer breeding facility located in Kimble County had been confirmed positive for CWD.
On October 19, 2023, the department received notification that a 14-month-old male white-tailed deer in a deer breeding facility located in Medina County was confirmed positive for CWD.
On November 14, 2023, the department received notification that a 4.4-year-old male white-tailed deer in a deer breeding facility located in Cherokee County was confirmed positive for CWD.
On December 6, 2023, department received notification that CWD was confirmed in a free-range 2.5-year-old male white-tailed deer taken by a hunter in Coleman County.
At the time this proposal was submitted to the Texas Register the department was awaiting confirmation of test results indicating that a 14-month-old male white-tailed deer in the department's research facility at the Kerr Wildlife Management Area in Kerr County was infected with CWD.
The proposed amendment to §65.81, concerning Containment Zones; Restrictions, would create a new CZ in Coleman County.
The proposed amendment to §65.82, concerning Surveillance Zones; Restrictions, would establish new surveillance zones in Kimble, Medina, Coleman, Cherokee, and Kerr counties. The department notes that the SZs will be removed when the department is satisfied that CWD has been contained and the risk of further spread is minimal. In the case of the suspected positive deer at the Kerr WMA, the department immediately euthanized and tested every deer at the facility. The department believes that imposition of a SZ is necessary because the transmission pathway and agent are unknown.
Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed is in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rules as proposed, as department personnel currently allocated to the administration and enforcement of disease management activities will administer and enforce the rules as part of their current job duties and resources.
Mr. Macdonald also has determined that for each of the first five years the amendments as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the rules as proposed will be a reduction of the probability of CWD being spread from locations where it might exist and an increase in the probability of detecting CWD if it does exist, thus ensuring the public of continued enjoyment of the resource and also ensuring the continued beneficial economic impacts of hunting in Texas.
There could be adverse economic impact on persons required to comply with the rules as proposed. Such impacts would include any monetary and time costs incurred by persons transporting harvested deer to a department check station as required, which the department has estimated will be minimal.
Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, and rural communities. As required by Government Code, §2006.002(g), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. These guidelines state that "[g]enerally, there is no need to examine the indirect effects of a proposed rule on entities outside of an agency's regulatory jurisdiction." The guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. The guidelines also list examples of the types of costs that may result in a "direct economic impact." Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services.
For the purposes of this analysis, the department considers all deer breeders to be small or microbusinesses, which ensures that the analysis captures all deer breeders possibly affected by the proposed rulemaking.
The department has determined that there are no deer breeding facilities located within the proposed new CZ in Coleman County; therefore, there would be no direct adverse economic impacts to the regulated community (i.e., permitted deer breeders) as a result of the creation of the proposed CZ in Coleman County.
The department has determined that there will be no adverse economic impacts to deer breeding facilities located within the proposed SZs. Under current rule, a deer breeding facility that is both within a SZ and MQ (Movement Qualified, which is the authorization to transfer deer) may transfer to or receive breeder deer from any other MQ deer breeding facility in this state and deer from a MQ deer breeding facility located outside a SZ may be released within a SZ if authorized by Division 2 of this subchapter. Thus, the zone designations will not result in adverse economic impacts to any deer breeders in the new SZs, provided the breeding facility enjoys MQ designation by the department. The proposed amendments will not affect deer breeding facilities designated NMQ (Non-Movement Qualified) as they cannot transfer deer under the provisions of other rules currently in effect.
To the extent that rules affect licensed hunters (by imposing check station and carcass movement restrictions), the department has determined that those components of the proposed rules involve regulation of various aspects of recreational license privileges that allow individual persons to pursue and harvest wildlife resources in this state and therefore do not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
The department has determined that the proposed rule will not affect rural communities because the rule does not directly regulate any rural community.
The department has not drafted a local employment impact statement under the Administrative Procedure Act, §2001.022, as the agency has determined that the rule as proposed will not result in direct impacts to local economies.
The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed new rule. Any impacts resulting from the discovery of CWD in or near private real property would be the result of the discovery of CWD and not the proposed rule.
In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; expand an existing regulation (by creating new areas subject to the rules governing CZs and SZs), but will otherwise not limit or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.
Comments on the proposed rule may be submitted to Alan Cain, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, (830) 480-4038 (e-mail: alan.cain@tpwd.texas.gov); or via the department's website at www.tpwd.texas.gov.
The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter C, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation; Subchapter E, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds, urban white-tailed deer removal, and trapping and transporting surplus white-tailed deer; Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, sale, of breeder deer held under the authority of the subchapter; Subchapters R and R-1, which authorize the commission to establish the conditions of a deer management permit for white-tailed and mule deer, respectively; and §61.021, which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission.
The proposed amendments affect Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, R-1, and Chapter 61.
§65.81.Containment Zones; Restrictions.
The areas described in paragraph (1) of this section are CZs and the provisions of this subchapter applicable to CZs apply on all properties lying wholly or partially within the described areas.
(1) Containment Zones.
(A) - (H) (No change.)
(I) Containment Zone 9. Containment Zone 9 is that portion of Coleman County lying within the area described by the following latitude-longitude coordinate pairs: -99.29788709910, 32.00897313890; -99.29703740030, 32.00896493620; -99.29618783980, 32.00894951920; -99.29533850200, 32.00892688930; -99.29448947120, 32.00889704890; -99.29364083180, 32.00886000100; -99.29279266820, 32.00881574910; -99.29194506470, 32.00876429770; -99.29109810550, 32.00870565190; -99.29025187470, 32.00863981760; -99.28940645660, 32.00856680120; -99.28856193500, 32.00848661010; -99.28771839390, 32.00839925210; -99.28687591720, 32.00830473610; -99.28603458850, 32.00820307130; -99.28519449140, 32.00809426790; -99.28435570960, 32.00797833670; -99.28351832620, 32.00785528910; -99.28268242450, 32.00772513760; -99.28184808760, 32.00758789480; -99.28101539840, 32.00744357460; -99.28018443960, 32.00729219130; -99.27935529370, 32.00713375980; -99.27852804330, 32.00696829590; -99.27770277040, 32.00679581620; -99.27687955710, 32.00661633760; -99.27605848520, 32.00642987810; 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-99.37611409070, 31.90629792860; -99.37646024590, 31.90695906640; -99.37679867140, 31.90762311060; -99.37712933350, 31.90828999530; -99.37745219920, 31.90895965470; -99.37776723650, 31.90963202220; -99.37807441380, 31.91030703130; -99.37837370070, 31.91098461520; -99.37866506720, 31.91166470660; -99.37894848440, 31.91234723820; -99.37922392400, 31.91303214250; -99.37949135860, 31.91371935140; -99.37975076150, 31.91440879700; -99.38000210670, 31.91510041080; -99.38024536920, 31.91579412450; -99.38048052480, 31.91648986930; -99.38070754990, 31.91718757610; -99.38092642190, 31.91788717590; -99.38113711890, 31.91858859940; -99.38133961990, 31.91929177690; -99.38153390450, 31.91999663900; -99.38171995340, 31.92070311560; -99.38189774790, 31.92141113690; -99.38206727030, 31.92212063250; -99.38222850340, 31.92283153230;-99.38238143130, 31.92354376570; -99.38252603850, 31.92425726220; -99.38266231040, 31.92497195100; -99.38279023350, 31.92568776130; -99.38290979490, 31.92640462210; -99.38302098240, 31.92712246250; -99.38312378490, 31.92784121120; -99.38321819200, 31.92856079700; -99.38330419410, 31.92928114850; -99.38338178260, 31.93000219440; -99.38345094960, 31.93072386320; -99.38351168790, 31.93144608340; -99.38356399150, 31.93216878330; -99.38360785480, 31.93289189120; -99.38364327340, 31.93361533560; -99.38367024360, 31.93433904470; -99.38368876240, 31.93506294670; -99.38369882790, 31.93578696990; -99.38370043890, 31.93651104240; -99.38369359500, 31.93723509250; -99.38367829670, 31.93795904840; -99.38365454530, 31.93868283830; -99.38362234290, 31.93940639050; -99.38358169270, 31.94012963310; -99.38353259840, 31.94085249450; -99.38347506460, 31.94157490300; -99.38340909700, 31.94229678700; -99.38333470180, 31.94301807480; -99.38325188620, 31.94373869490; -99.38316065830, 31.94445857590; -99.38306102690, 31.94517764640; -99.38295300170, 31.94589583500; -99.38283659320, 31.94661307060; -99.38271181280, 31.94732928190; -99.38257867270, 31.94804439810; -99.38243718580, 31.94875834800; -99.38228736610, 31.94947106090; -99.38212922810, 31.95018246620; -99.38196278740, 31.95089249320; -99.38178806040, 31.95160107150; -99.38160506410, 31.95230813090; -99.38141381650, 31.95301360110; -99.38121433650, 31.95371741230; -99.38100664360, 31.95441949450; -99.38079075820, 31.95511977820; -99.38056670160, 31.95581819380; -99.38033449580, 31.95651467220; -99.38009416370, 31.95720914410; -99.37984572890, 31.95790154060; -99.37958921600, 31.95859179320; -99.37932465020, 31.95927983320; -99.37905205750, 31.95996559250; -99.37877146490, 31.96064900290; -99.37848289990, 31.96132999670; -99.37818639120, 31.96200850630; -99.37788196790, 31.96268446440; -99.37756966000, 31.96335780390; -99.37724949850, 31.96402845790; -99.37692151480, 31.96469636000; -99.37658574140, 31.96536144380; -99.37624221140, 31.96602364340; -99.37589095880, 31.96668289300; -99.37553201820, 31.96733912720; -99.37516542520, 31.96799228090; -99.37479121600, 31.96864228920; -99.37440942740, 31.96928908770; -99.37402009740, 31.96993261210; -99.37362326430, 31.97057279860; -99.37321896740, 31.97120958360; -99.37280724670, 31.97184290390; -99.37238814280, 31.97247269670; -99.37196169740, 31.97309889950; -99.37152795250, 31.97372145000; -99.37108695100, 31.97434028650; -99.37063873660, 31.97495534760; -99.37018335370, 31.97556657220; -99.36972084720, 31.97617389970; -99.36925126310, 31.97677726970; -99.36877464770, 31.97737662230; -99.36829104830, 31.97797189810; -99.36780051280, 31.97856303790; -99.36730308960, 31.97914998310; -99.36679882810, 31.97973267540; -99.36628777830, 31.98031105690; -99.36576999060, 31.98088507020; -99.36524551650, 31.98145465830; -99.36471440790, 31.98201976470; -99.36417671730, 31.98258033330; -99.36363249810, 31.98313630840; -99.36308180420, 31.98368763470; -99.36252469010, 31.98423425770; -99.36196121120, 31.98477612280; -99.36139142310, 31.98531317650; -99.36081538240, 31.98584536530; -99.36023314630, 31.98637263640; -99.35964477230, 31.98689493740; -99.35905031890, 31.98741221650; -99.35844984490, 31.98792442230; -99.35784341000, 31.98843150390; -99.35723107420, 31.98893341100; -99.35661289830, 31.98943009370; -99.35598894350, 31.98992150270; -99.35535927180, 31.99040758930; -99.35472394560, 31.99088830500; -99.35408302790, 31.99136360220; -99.35343658230, 31.99183343370; -99.35278467300, 31.99229775280; -99.35212736450, 31.99275651350; -99.35146472210, 31.99320967000; -99.35079681160, 31.99365717750; -99.35012369920, 31.99409899140; -99.34944545170, 31.99453506790; -99.34876213640, 31.99496536370; -99.34807382120, 31.99538983610; -99.34738057420, 31.99580844280; -99.34668246440, 31.99622114230; -99.34597956100, 31.99662789360; -99.34527193380, 31.99702865630; -99.34455965300, 31.99742339050; -99.34384278930, 31.99781205720; -99.34312141390, 31.99819461760; -99.34239559840, 31.99857103370; -99.34166541490, 31.99894126830; -99.34093093570, 31.99930528440; -99.34019223400, 31.99966304590; -99.33944938290, 32.00001451730; -99.33870245630, 32.00035966370; -99.33795152830, 32.00069845080; -99.33719667350, 32.00103084490; -99.33643796690, 32.00135681300; -99.33567548370, 32.00167632270; -99.33490929980, 32.00198934220; -99.33413949110, 32.00229584060; -99.33336613420, 32.00259578720; -99.33258930590, 32.00288915240; -99.33180908330, 32.00317590700; -99.33102554380, 32.00345602240; -99.33023876550, 32.00372947090; -99.32944882620, 32.00399622530; -99.32865580470, 32.00425625900; -99.32785977950, 32.00450954630; -99.32706082990, 32.00475606200; -99.32625903510, 32.00499578160; -99.32545447480, 32.00522868120; -99.32464722900, 32.00545473780; -99.32383737780, 32.00567392880; -99.32302500170, 32.00588623250; -99.32221018140, 32.00609162780; -99.32139299790, 32.00629009430; -99.32057353230, 32.00648161220; -99.31975186600, 32.00666616260; -99.31892808080, 32.00684372710; -99.31810225840, 32.00701428800; -99.31727448100, 32.00717782840; -99.31644483070, 32.00733433210; -99.31561339000, 32.00748378350; -99.31478024150, 32.00762616770; -99.31394546800, 32.00776147060; -99.31310915240, 32.00788967880; -99.31227137790, 32.00801077950; -99.31143222780, 32.00812476060; -99.31059178530, 32.00823161100; -99.30975013400, 32.00833131980; -99.30890735760, 32.00842387740; -99.30806353980, 32.00850927430; -99.30721876440, 32.00858750220; -99.30637311540, 32.00865855320; -99.30552667690, 32.00872242040; -99.30467953300, 32.00877909730; -99.30383176780, 32.00882857840; -99.30298346560, 32.00887085870; -99.30213471070, 32.00890593400; -99.30128558740, 32.00893380090; -99.30043618020, 32.00895445650; -99.29958657350, 32.00896789880; -99.29873685160, 32.00897412650; and -99.29788709910, 32.00897313890.
(J) [(I)] Existing CZs may be
modified and additional CZs may be designated as necessary by the
executive director as provided in §65.84 of this title (relating
to Powers and Duties of the Executive Director).
(2) (No change.)
§65.82.Surveillance Zones; Restrictions.
The areas described in paragraph (1) of this section are SZs and the provisions of this subchapter applicable to SZs apply on all properties lying wholly or partially within the described areas.
(1) Surveillance Zones.
(A) - (V) (No change.)
(W) Surveillance Zone 23. Surveillance Zone 23 is that portion of Kimble County lying within the area described by the following latitude/longitude pairs: -99.95180989610, 30.29840729940; -99.95400264050, 30.29847039980; -99.95618594120, 30.29865777320; -99.95835045740, 30.29896861810; -99.96048692840, 30.29940160460; -99.96258621300, 30.29995488020; -99.96463932900, 30.30062607780; -99.96663749090, 30.30141232570; -99.96857214790, 30.30231025990; -99.96983623480, 30.30299275490; -99.97667133030, 30.30295620500; -99.97688605840, 30.30295564740; -99.97907892310, 30.30301831650; -99.98126237610, 30.30320526070; -99.98342707600, 30.30351568000; -99.98556376120, 30.30394824650; -99.98766328980, 30.30450110940; -99.98971667820, 30.30517190350; -99.99171514010, 30.30595775880; -99.99365012330, 30.30685531280; -99.99551334660, 30.30786072530; -99.99729683530, 30.30896969430; -99.99899295480, 30.31017747450; -100.00059444400, 30.31147889770; -100.00209444500, 30.31286839470; -100.00348653500, 30.31434001930; -100.00476475000, 30.31588747340; 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-99.90455773440, 30.41302762340; -99.90439344490, 30.41293169160; -99.90438605130, 30.41292734680; -99.90437742250, 30.41292934970; -99.90435324390, 30.41293495390; -99.90221361520, 30.41336564410; -99.90004605230, 30.41367408820; -99.89785984510, 30.41385896410; -99.89566436350, 30.41391947950; -99.89346901770, 30.41385537500; -99.89128321680, 30.41366692540; -99.88911632920, 30.41335493830; -99.88697764190, 30.41292075100; -99.88529868820, 30.41248821170; -99.88024744690, 30.41106139700; -99.88024744570, 30.41106139670; -99.87742282390, 30.41026342540; -99.87700047750, 30.41014141230; -99.87494563070, 30.40946879630; -99.87294596970, 30.40868110310; -99.87101006270, 30.40778170870; -99.86914620450, 30.40677446750; -99.86736238000, 30.40566369600; -99.86566623060, 30.40445415430; -99.86406502120, 30.40315102540; -99.86256560900, 30.40175989320; -99.86117441390, 30.40028671860; -99.85989739170, 30.39873781360; -99.85874000800, 30.39711981430; -99.85770721510, 30.39543965270; -99.85746146880, 30.39499685260; -99.85659378740, 30.39339897490; -99.85593577200, 30.39210664450; -99.85516488980, 30.39032398150; -99.85453017350, 30.38850142390; -99.85429040200, 30.38764797600; -99.85405994970, 30.38727300580; -99.85337346210, 30.38598353140; -99.85281357470, 30.38486057590; -99.85259642610, 30.38441489860; -99.85182566770, 30.38263221670; -99.85119106570, 30.38080964370; -99.85069533050, 30.37895498630; -99.85034057710, 30.37707618790; -99.85012831660, 30.37518129510; -99.85005944960, 30.37327842280; -99.85013426230, 30.37137571970; -99.85035242600, 30.36948133310; -99.85071299810, 30.36760337440; -99.85121442640, 30.36574988410; -99.85176446020, 30.36416114500; -99.85459723080, 30.35675198120; -99.85468731280, 30.35651963180; -99.85546328330, 30.35473872900; -99.85637186830, 30.35300564650; -99.85740917180, 30.35132780280; -99.85857074690, 30.34971237970; -99.85985161610, 30.34816629120; -99.86047057360, 30.34748954550; -99.86049982450, 30.34745852080; -99.86052178950, 30.34742326130; -99.86100495000, 30.34667428600; -99.86216640830, 30.34505883080; -99.86344715740, 30.34351270700; -99.86373981000, 30.34318754740; -99.86408949780, 30.34280464130; -99.86519138940, 30.34165962250; -99.86535734670, 30.34149711410; -99.86574783710, 30.34111759830; -99.86708424150, 30.33989216350; -99.86837905370, 30.33882977010; -99.86854522780, 30.33870050260; -99.86857268570, 30.33867483580; -99.86856615910, 30.33840357450; -99.86854991850, 30.33733178010; -99.86854704550, 30.33691486320; -99.86862146340, 30.33501215620; -99.86883917940, 30.33311774490; -99.86889510360, 30.33276880930; -99.86917243380, 30.33111199960; -99.86947657360, 30.32958293080; -99.86997744090, 30.32772937400; -99.87061696100, 30.32590820030; -99.87139238830, 30.32412720630; -99.87230039590, 30.32239401590; -99.87333709000, 30.32071604810; -99.87449802660, 30.31910048510; -99.87553862390, 30.31784364590; -99.87612434800, 30.31649807390; -99.87703219800, 30.31476485130; -99.87806872700, 30.31308684650; -99.87922949170, 30.31147124180; -99.88050951780, 30.30992495220; -99.88190332120, 30.30845459570; -99.88340493190, 30.30706646470; -99.88500791910, 30.30576649980; -99.88670541930, 30.30456026400; -99.88849016520, 30.30345291870; -99.89035451680, 30.30244920230; -99.89229049470, 30.30155340960; -99.89428981340, 30.30076937330; -99.89634391710, 30.30010044800; -99.89844401630, 30.29954949570; -99.90058112510, 30.29911887350; -99.90274609970, 30.29881042390; -99.90492967750, 30.29862546640; -99.90696497240, 30.29856499870; -99.95165235240, 30.29840756090; and -99.95180989610, 30.29840729940.
(X) Surveillance Zone 24. Surveillance Zone 24 is that portion of Medina County lying within the area described by the following latitude/longitude pairs: -99.03678558950, 29.25833376500; -99.03895416000, 29.25841257850; -99.04111221690, 29.25861555820; -99.04325052700, 29.25894183550; -99.04535994180, 29.25939001470; -99.04743143580, 29.25995817830; -99.04945614540, 29.26064389550; -99.05142540670, 29.26144423250; -99.05333079230, 29.26235576510; -99.05516414760, 29.26337459310; -99.05691762550, 29.26449635730; -99.05858371990, 29.26571625760; -99.06015529780, 29.26702907400; -99.06162562980, 29.26842918870; -99.06298841910, 29.26991060990; -99.06423782830, 29.27146699770; -99.06536850430, 29.27309169090; -99.06637560160, 29.27477773590; -99.06725480300, 29.27651791570; -99.06800233790, 29.27830478160; -99.06861499890, 29.28013068420; -99.06909015550, 29.28198780700; -99.06942576550, 29.28386819900; -99.06962038370, 29.28576380930; -99.06967316860, 29.28766652120; -99.06967243770, 29.28773353440; -99.06967074480, 29.28787205090; -99.06988063470, 29.28904794430; -99.07007527220, 29.29094355800; -99.07012806890, 29.29284627390; -99.07012645850, 29.29297847060; -99.07008760380, 29.29560823030; -99.06999993240, 29.29737770600; -99.06976894550, 29.29927018960; -99.06939723430, 29.30114537960; -99.06888638290, 29.30299524470; -99.06823857120, 29.30481186180; -99.06745656650, 29.30658744970; -99.06654371130, 29.30831440260; -99.06550390900, 29.30998532240; -99.06434160790, 29.31159305070; -99.06306178140, 29.31313069970; -99.06166990750, 29.31459168120; -99.06017194480, 29.31596973540; -99.05857430750, 29.31725895740; -99.05688383750, 29.31845382270; -99.05510777560, 29.31954921100; -99.05336743140, 29.32048377070; -99.05333543510, 29.32049978770; -99.05330860080, 29.32052191870; -99.05223193030, 29.32137180000; -99.05054131050, 29.32256658240; -99.04876510160, 29.32366188340; -99.04691091230, 29.32465300910; -99.04498668650, 29.32553571200; -99.04300066870, 29.32630620910; -99.04096136910, 29.32696119810; -99.03887752640, 29.32749787200; -99.03675807120, 29.32791393040; -99.03461208670, 29.32820759020; -99.03244877050, 29.32837759260; -99.03106128140, 29.32842111610; -99.02932843750, 29.32844366930; -99.02877504050, 29.32844682360; -99.02681052820, 29.32844364980; -99.02658003800, 29.32844257420; -99.02308778620, 29.32841559840; -99.02091766270, 29.32833650980; -99.01875809610, 29.32813317880; -99.01661834220, 29.32780647680; -99.01450757170, 29.32735780410; -99.01243483060, 29.32678908390; -99.01040900150, 29.32610275350; -99.00843876560, 29.32530175460; -99.00653256510, 29.32438951990; -99.00469856720, 29.32336995920; -99.00294462890, 29.32224744170; -99.00175050700, 29.32137271610; -99.00127811350, 29.32118062020; -98.99937206150, 29.32026827900; -98.99753821680, 29.31924861600; -98.99578443600, 29.31812600090; -98.99411823140, 29.31690524460; -98.99254673950, 29.31559157820; -98.99107669010, 29.31419063100; -98.98971437750, 29.31270840580; -98.98846563340, 29.31115125340; -98.98733580250, 29.30952584540; -98.98632971890, 29.30783914540; -98.98545168610, 29.30609837920; -98.98470545840, 29.30431100390; -98.98409422480, 29.30248467580; -98.98362059570, 29.30062721750; -98.98328659170, 29.29874658460; -98.98309363510, 29.29685083140; -98.98304254390, 29.29494807650; -98.98306949550, 29.29237800430; -98.98316047730, 29.29047639780; -98.98339313330, 29.28858408030; -98.98376645910, 29.28670915410; -98.98427884810, 29.28485964670; -98.98492809890, 29.28304347620; -98.98571142440, 29.28126841770; -98.98662546410, 29.27954206950; -98.98766629860, 29.27787182120; -98.98882946630, 29.27626482200; -98.99010998280, 29.27472794980; -98.99150236230, 29.27326778210; -98.99300064080, 29.27189056780; -98.99459840210, 29.27060220060; -98.99628880510, 29.26940819350; -98.99806461290, 29.26831365590; -98.99991822420, 29.26732327120; -99.00184170520, 29.26644127690; -99.00382682410, 29.26567144660; -99.00586508600, 29.26501707430; -99.00794776900, 29.26448095940; -99.01006596180, 29.26406539580; -99.01162613110, 29.26383960890; -99.01179748320, 29.26381847520; -99.01196770780, 29.26379122190; -99.01362891870, 29.26356323280; -99.01364637160, 29.26356123330; -99.01366080440, 29.26355239920; -99.01446528390, 29.26307518830; -99.01631862760, 29.26208456480; -99.01824185560, 29.26120232240; -99.02022673720, 29.26043223590; -99.02226477830, 29.25977760010; -99.02434725820, 29.25924121580; -99.02646526630, 29.25882537770; -99.02860974060, 29.25853186500; -99.03077150600, 29.25836193330; -99.03282370140, 29.25831559100; -99.03666797700, 29.25833304980; and -99.03678558950, 29.25833376500.
(Y) Surveillance Zone 25. Surveillance Zone 25 is that portion of Cherokee County lying within the area described by the following latitude/longitude pairs: -95.16551813760, 31.88499767200; -95.16585785040, 31.88501179520; -95.16883776280, 31.88514836070; -95.17072236840, 31.88527950140; -95.17293080210, 31.88554853500; -95.17511390170, 31.88594019510; -95.17726232710, 31.88645280610; -95.17936688570, 31.88708417460; -95.18141857260, 31.88783159950; -95.18340860800, 31.88869188260; -95.18532847560, 31.88966134300; -95.18716995850, 31.89073583260; -95.18892517440, 31.89191075370; -95.19058660920, 31.89318107840; -95.19214714940, 31.89454137080; -95.19360011230, 31.89598580950; -95.19493927480, 31.89750821270; -95.19615889990, 31.89910206470; -95.19725376150, 31.90076054380; -95.19821916660, 31.90247655120; -95.19905097560, 31.90424274160; -95.19974562040, 31.90605155420; -95.20030011920, 31.90789524570; -95.20071208980, 31.90976592290; -95.20097975990, 31.91165557650; -95.20110197480, 31.91355611550; -95.20107820230, 31.91545940210; -95.20090853530, 31.91735728590; -95.20059369180, 31.91924163940; -95.20013501150, 31.92110439250; -95.19953445040, 31.92293756700; -95.19915728340, 31.92389976250; -95.19815357340, 31.92631908540; -95.19779084440, 31.92715263060; -95.19691477030, 31.92890324420; -95.19590628340, 31.93060123560; -95.19476969690, 31.93223933070; -95.19350987350, 31.93381051170; -95.19213220490, 31.93530804740; -95.19064258830, 31.93672552140; -95.18904740160, 31.93805686040; -95.18735347570, 31.93929635960; -95.18556806570, 31.94043870790; -95.18369881940, 31.94147900990; -95.18175374480, 31.94241280770; -95.17974117550, 31.94323609950; -95.17766973520, 31.94394535700; -95.17554830050, 31.94453754050; -95.17338596280, 31.94501011200; -95.17119198940, 31.94536104630; -95.16897578340, 31.94558883920; -95.16674684340, 31.94569251440; -95.16451472300, 31.94567162760; -95.16228898930, 31.94552626830; -95.16007918180, 31.94525705950; -95.15789477180, 31.94486515490; -95.15574512140, 31.94435223440; -95.15363944330, 31.94372049610; -95.15292604870, 31.94347588710; -95.15225794440, 31.94323930920; -95.15201777130, 31.94315426200; -95.15112625370, 31.94283856320; -95.14978698470, 31.94233530500; -95.14779612430, 31.94147452330; -95.14587558800, 31.94050452620; -95.14403360410, 31.93942947040; -95.14227806340, 31.93825396290; -95.14061648540, 31.93698304090; -95.13905598640, 31.93562215030; -95.13760324830, 31.93417712230; -95.13626449070, 31.93265414830; -95.13504544390, 31.93105975340; -95.13395132440, 31.92940076830; -95.13298681290, 31.92768430020; -95.13215603390, 31.92591770210; -95.13146253880, 31.92410854130; -95.13090928990, 31.92226456710; -95.13049864870, 31.92039367750; -95.13023236530, 31.91850388500; -95.13020804960, 31.91825324460; -95.13003171160, 31.91633466000; -95.12993523850, 31.91468469710; -95.12996044570, 31.91278142340; -95.13013153130, 31.91088362950; -95.13044775380, 31.90899944150; -95.13090775080, 31.90713692680; -95.13150954440, 31.90530405940; -95.13225054990, 31.90350868610; -95.13312758760, 31.90175849270; -95.13413689570, 31.90006097120; -95.13527414690, 31.89842338770; -95.13653446720, 31.89685275140; -95.13791245650, 31.89535578460; -95.13940221190, 31.89393889410; -95.14099735310, 31.89260814350; -95.14269104970, 31.89136922770; -95.14447605040, 31.89022744850; -95.14634471390, 31.88918769150; -95.14828904190, 31.88825440580; -95.15030071320, 31.88743158490; -95.15237111880, 31.88672274930; -95.15449139950, 31.88613093190; -95.15665248290, 31.88565866480; -95.15884512270, 31.88530796850; -95.16105993790, 31.88508034340; -95.16328745280, 31.88497676360; and -95.16551813760, 31.88499767200.
(Z) Surveillance Zone 26. Surveillance Zone 26 is that portion of the state within the boundaries of a line beginning at the intersection of U.S. Highway 283 and County Road 176 in Coleman County; thence east along County Road 176 to State Highway (S.H.) 206; thence east along S.H. 206 to County Road 170; thence south along County Road 170 to County Road 171; thence south along C.R. 171 to County Road 113 in Brown County; thence south along C.R. 113 to Farm to Market (F.M.) 585; thence south along F.M. 585 to County Road 108 in Brown County; thence southwest along C.R. 108 to County Road 127 in Coleman County; thence southwest along C.R. 127 to F.M. 568; thence west along F.M. 568 to U.S. Highway 84, thence north along U.S. 84 to S.H. 206, thence north along S.H. 206 to U.S. 283; thence north along U.S. 283 to County Road 176.
(AA) Surveillance Zone 27. Surveillance Zone 27 is that portion of Kerr County lying within the area described by the following latitude/longitude pairs: -99.49647162940, 30.02770889890; -99.49824552350, 30.02775690180; -99.49830569430, 30.02775992230; -99.49871806180, 30.02778284750; -99.50089431900, 30.02797800800; -99.50297295750, 30.02828277980; -99.50309565760, 30.02830425070; -99.50317396090, 30.02831803740; -99.50530236000, 30.02875862920; -99.50730312340, 30.02929252710; -99.50738500030, 30.02931683920; -99.50747498600, 30.02934368350; -99.50951914000, 30.03002217560; -99.51061645670, 30.03044292600; -99.51072350650, 30.03048598300; -99.51150839620, 30.03081401840; -99.51296305660, 30.03044505100; -99.51509590270, 30.03002091120; -99.51725604750, 30.02971902230; -99.51943424900, 30.02954067590; -99.52077798120, 30.02949271250; -99.52091216150, 30.02949027300; -99.52104594720, 30.02948099930; -99.52165876700, 30.02944344480; -99.52384570280, 30.02938936570; -99.52450410370, 30.02939747200; -99.52894164830, 30.02949005750; -99.53046957150, 30.02955235550; -99.53264593290, 30.02974697250; -99.53480301930, 30.03006499250; -99.53693160180, 30.03050505490; -99.53902257280, 30.03106527720; -99.54106698570, 30.03174326230; -99.54305609220, 30.03253610950; -99.54498138020, 30.03344042670; -99.54683461000, 30.03445234450; -99.54860784950, 30.03556753320; -99.55029350800, 30.03678122080; -99.55188436880, 30.03808821390; -99.55337362030, 30.03948291950; -99.55475488440, 30.04095936890; -99.55602224480, 30.04251124360; -99.55717027160, 30.04413190160; -99.55804192810, 30.04554681180; -99.55805355100, 30.04556699700; -99.55807216180, 30.04558273010; -99.55850813980, 30.04595812090; -99.55999760900, 30.04735275110; -99.56137908770, 30.04882913080; -99.56264665850, 30.05038094180; -99.56379489070, 30.05200154240; -99.56481886360, 30.05368399640; -99.56571418760, 30.05542110240; -99.56647702310, 30.05720542450; -99.56710409720, 30.05902932460; -99.56759271740, 30.06088499440; -99.56794078400, 30.06276448930; -99.56814679820, 30.06465976220; -99.56820998580, 30.06653289410; -99.56816313140, 30.08068881160; -99.56816301520, 30.08071861560; -99.56808285260, 30.08262107080; -99.56785978230, 30.08451489340; -99.56749475140, 30.08639197300; -99.56698931480, 30.08824427060; -99.56634562940, 30.09006385250; -99.56556644450, 30.09184292490; -99.56465509040, 30.09357386710; -99.56361546400, 30.09524926400; -99.56245201260, 30.09686193830; -99.56116971450, 30.09840498080; -99.55977405810, 30.09987178030; -99.55827101810, 30.10125605230; -99.55666703040, 30.10255186520; -99.55496896400, 30.10375366640; -99.55318409210, 30.10485630590; -99.55139957510, 30.10581245560; -99.55137817210, 30.11845109990; -99.55137793320, 30.11852623840; -99.55129740700, 30.12042869560; -99.55107391860, 30.12232250140; -99.55070841650, 30.12419954530; -99.55020245790, 30.12605178840; -99.54955820180, 30.12787129730; -99.54877840000, 30.12965027860; -99.54786638540, 30.13138111180; -99.54682605780, 30.13305638250; -99.54566186740, 30.13466891370; -99.54437879570, 30.13621179690; 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(BB) [(W)] Existing SZs may be
modified and additional SZs may be designated as necessary by the
executive director as provided in §65.84 of this title (relating
to Powers and Duties of the Executive Director).
(2) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304678
James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 389-4775