Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004 Page: 7,032
7013-7230 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
TRD-200404484
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 22, 2004
For further information, please call: (512) 389-4775
31 TAC 53.6
The Texas Parks and Wildlife Department proposes an
amendment to 53.6, concerning saltwater stamp fees. The
amendment increases the future fee for the Saltwater Sport-
fishing Stamp. The amendment would function by removing
the expiration date from the $3 surcharge to the saltwater
sportfishing stamp fee. The amendment is necessary to main-
tain or accelerate the department's commercial fishing license
buyback programs for shrimp, crab, and finfish, established in
Texas Parks and Wildlife Code, 77.119, 78.111, and 47.081,
respectively.
The license buyback funds are used for purchasing and retir-
ing commercial crab, finfish, bait shrimp, and bay shrimp boat
licenses, which reduces the number of license holders and fish-
ing effort in these fisheries. The proposal to maintain the $3 sur-
charge (or to increase the current saltwater stamp by $3 when
the current $3 surcharge expires) will help to accelerate the buy-
back programs in future years.
Currently, the buyback programs for each fishery under a limited
entry system (crab, finfish and inshore shrimp) are supported by
a percentage of the license fees collected to fish or participate
in the fishery. In addition, the department during the 2000-01
license year established the existing $3 surcharge on the salt-
water sportfishing stamp, which generated approximately $1.4
million per year. The license buyback programs depend on vol-
untary sellers to offer their licenses to be purchased by the de-
partment. To date, most of the funds expended have been used
for the purchase of commercial bay and bait shrimp fishing boat
licenses. This is primarily due to the size of the fishery and that
the inshore shrimp fishery was the first limited entry program and
buyback program established.
Following the implementation of the $3 surcharge, the average
annual purchase of commercial bay and bait shrimp fishing boat
licenses increased 43.5% per year. Another way of expressing
this difference, based on the average number of licenses bought
back each of the three years before there was a surcharge
compared to the average number bought back each of the four
years with funding from a surcharge, is that 216 commercial
bay and bait shrimp fishing boat licenses were purchased that
could not have otherwise been purchased. To date, $6,372,855
has been spent in the purchase of 1,084 commercial bay and
bait shrimp fishing boat licenses. Additionally, during the same
period $716,107 has been spent purchasing 25 commercial
crab fishing boat licenses and 125 commercial finfish fishing
boat licenses. While the program has been successful from its
inception in reducing license numbers and is showing evidence
of reducing fishing effort, the ability to continue to purchase
licenses at the current pace is dependent on the continuation
of the $3 saltwater surcharge.
Mr. Robin Riechers, policy and science director of the Coastal
Fisheries Division, has determined that for each of the first five
years that the rule as proposed is in effect, there will be fiscalimplications to state government as a result of enforcing or ad-
ministering the rules, consisting of approximately $1.4 million in
additional revenues for the funding of license buyback programs.
The revenue estimates are based on the annual average of salt-
water stamps sold in Fiscal Year 2001, 2002, and 2003 (461,328
original licenses sold). Since this is a continuation of a current
surcharge on the saltwater stamp there is not expected to be
a decline in sales associated with the continuation of the sur-
charge. There will be no fiscal implications for units of local gov-
ernment as a result of administering or enforcing the rule.
Mr. Riechers also has determined that for each of the first five
years the rule as proposed is in effect, the public benefit antici-
pated as a result of enforcing or administering the rules as pro-
posed, will be: (a) additional revenues to fund the license buy-
back program and the purchase and retirement of licenses, ben-
efiting those remaining in the industry by reducing competition;
and, (b) reduced fishing pressure on shrimp, crab, and finfish
fisheries, which creates public benefits by enhancing the popu-
lations of those species and the overall health of the ecosystem.
There will be no adverse economic costs to small businesses or
micro-businesses. There will be a cost to persons required to
comply with the rule as proposed, namely, the $3 increase in the
cost of a Saltwater Sportfishing Stamp for persons who fish in
the salt water of this state after Fiscal Year 2005.
The department has not filed a local impact statement with the
Texas Workforce Commission as required by Government Code,
2001.022, as this agency has determined that the rules as pro-
posed will not impact local economies. The department has de-
termined that there will not be a taking of private real property,
as defined by Government Code, Chapter 2007, as a result of
the proposed rules.
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 Government Code,
Chapter 2007 (Governmental Action Affecting Private Property
Rights), does not apply to the proposed rule.
Comments on the proposed rule may be submitted to Jerry
Cooke, Texas Parks and Wildlife Department, 4200 Smith
School Road, Austin, Texas 78744; (512) 389-4492; e-mail:
jerry.cooke@tpwd .state.tx. us.
The amendment is proposed under the authority of Parks and
Wildlife Code, Chapter 43, Subchapter M, which authorizes the
commission to set the fee for the saltwater sportfishing stamp.
The proposed amendments affect Parks and Wildlife Code,
Chapter 43.
53.6. Recreational Fishing Licenses, Stamps, and Tags.
(a) (No change.)
(b) The items listed in this subsection may be sold individually
or as part of a package. Stamps sold individually shall be valid from the
date of purchase or the start date of the license year, whichever is later,
through the last day of the license year. Stamps sold as part of a fishing
package shall be valid for the same time period as the license included
in the package as specified in this rule. The price of these stamps are
as follows:
(1) (No change.)29 TexReg 7032 July 23, 2004 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004, periodical, July 23, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101134/m1/19/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.