Texas Register, Volume 38, Number 51, Pages 9155-9408, December 20, 2013 Page: 9,209
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(II) the weigh-in site is not located on the body
of water on which the tournament is held;
(III) all water other than water in a live well has
been drained from the vessel as required by this section;
(IV) the live well is being transported by the most
direct route to an official weigh-in location designated by the tourna-
(V) the water in the live well is drained or prop-
erly disposed of before the vessel leaves the weigh-in location; and
(VI) the person in possession of the water in the
live well also possesses documentation provided by a fishing tourna-
ment representative that bears the participant's name, the date, water
body name, tournament name, location and time of the weigh-in, and
the name and phone number of a tournament representative.
(B) A government employee or persons under contract
to a governmental entity may remove water for purposes of testing or
analysis from a water body listed in paragraph (3) of this section; how-
ever, the water must be in closed, portable container and all bilges, live
wells, motors, and other similar receptacles and systems holding or ca-
pable of holding water on board the vessel as a result of immersion in
or transfer from the public water body must be drained.
(3) This section applies to all public water in Archer,
Bastrop, Bell, Bosque, Burnet, Clay, Collin, Comal, Comanche,
Cooke, Coryell, Dallas, Denton, Eastland, Ellis, Erath, Falls, Fannin,
Fayette, Freestone, Grayson, Hamilton, Hays, Henderson (west of
State Highway 19), Hill, Hood, Jack, Johnson, Kaufman, Leon,
Limestone, Llano, McLennan, Montague, Navarro, Palo Pinto, Parker,
Robertson, Rockwall, Somervell, Stephens, Tarrant, Travis, Wichita,
Williamson, Wise, and Young counties.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
Filed with the Office of the Secretary of State on December 9,
Texas Parks and Wildlife Department
Earliest possible date of adoption: January 19, 2014
For further information, please call: (512) 389-4775
CHAPTER 65. WILDLIFE
SUBCHAPTER O. COMMERCIAL NONGAME
31 TAC 65.328
The Texas Parks and Wildlife Department (TPWD) proposes an
amendment to 65.328, concerning Means and Methods. The
proposed amendment would prohibit the use of noxious or toxic
substances to disturb or collect nongame wildlife (popularly re-
ferred to as "gassing") and the possession of nongame wildlife
collected by the use of such substances and would provide an
exemption for persons engaged in structural or agricultural pest
The practice of using noxious or toxic substances (gasoline,
ammonia, etc.) to force wildlife from burrows, dens, and other
places of concealment ("refugia") has come under increas-
ing scientific scrutiny as questions arise concerning negative
ecological impacts to associated systems, populations, and
non-target species as a result of the practice. As of 2012, the
practice is partially or completely prohibited in 29 states, includ-
ing the four states that share a border with Texas (Arkansas,
Louisiana, New Mexico, and Oklahoma). Under Parks and
Wildlife Code, 67.002, 67.004, and 67.0041, the department
is required to develop and administer management programs
to ensure the continued ability of nongame species of fish
and wildlife to perpetuate themselves successfully and to
establish any limits on the taking, possession, propagation,
transportation, importation, exportation, sale, or offering for
sale of nongame fish or wildlife that the department considers
necessary to manage the species. The proposed amendment is
intended to ensure the ability of nongame species to perpetuate
themselves by protecting nongame wildlife from the indiscrimi-
nate application of noxious or toxic substances.
The biological impacts of noxious substances used to collect or
harass nongame wildlife have not been exhaustively studied,
but the literature that exists supports the conclusion that the
practice negatively affects not only those animals that are being
pursued, but other animals that co-inhabit or subsequently use
a treated refugium. For instance, researchers (Speake and
Mount, 1973) investigating the effects of one-time "gassing"
events on gopher tortoise burrows (under variable exposure
intensities and durations) demonstrated that "gassing" resulted
in significant mortality in four species of snake and one species
of mammal. Laboratory experiments conducted on seven
species of snakes, lizards, and toads by Campbell, et al. (1989)
determined that a 30-minute vapor exposure produced a "dra-
matic and obvious" effect on the test subjects and resulted in a
range of outcomes from short-term impairment to death. Other
studies have shown a strong correlation between exposure
to petroleum products and mortality in various species (Drew
and Fouts, 1974; Svirbely, et al., 1943; Carpenter, et al 1944;
Gerarde, 1988). The consumption of animals that are exposed
can create further harm to animal populations. The effects of
exposure to reproductive success and bioenergetics generally
could be affected as well.
In addition, the use of noxious chemicals to flush or capture
wildlife is a demonstrable threat to species that use karst envi-
ronments as habitat, which is of particular importance in Texas.
Karst environments are typically created by the long-term chemi-
cal action of water on calcareous rocks such as limestone, which
creates sinkholes, caverns, and other features that then become
habitat for highly specialized aquatic and terrestrial organisms.
Karst ecosystems by their nature are fragile and especially sen-
sitive to pollutants. As a result, increased human activity in and
adjacent to karst environments can have a significant impact on
karst species. Multiple studies have demonstrated the toxicity
of vapors from volatile petroleum-based chemicals to inverte-
brate life (Sen, 1914; Macfie, 1917; Freeborn and Atsatt, 1918;
Hacker, 1925; Ginsburg, 1927, 1929; Sicault and Messerlin,
1936). At the current time, there are more than 20 karst species
occurring in Texas that are listed as endangered or threatened
by the U.S. Fish and Wildlife Service. Most endangered karst
species are invertebrates, such as the Comal Springs Riffle Bee-
tle, Bone Cave Harvestman, and Government Canyon Bat Cave
Spider. Some are known only from single sites, making them
some of the most geographically limited organisms in the world.
PROPOSED RULES December 20, 2013 38 TexReg 9209
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Texas. Secretary of State. Texas Register, Volume 38, Number 51, Pages 9155-9408, December 20, 2013, periodical, December 20, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379981/m1/55/: accessed May 25, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.