Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017 Page: 6,022
5913-6056 p. ; 28 cm.View a full description of this periodical.
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shallow-water and intertidal oyster resources is an integral
part of the overall management strategy for oysters in Texas.
The length of time necessary for the success or failure of the
rules is unknown, and an arbitrary expiration of effectiveness is
unscientific and could interfere with or confound positive man-
agement outcomes. The department will continue to monitor
oyster resources and make regulatory changes as necessary to
provide harvest opportunity that is consistent with the principles
of sound biological management. No changes were made as a
result of the comments.
Four commenters opposed adoption and stated that the bays
proposed for closure should remain open for harvest, but the law-
ful means of harvest should be restricted to tongs only. The de-
partment disagrees with the comment and responds that most,
if not all, harvest occurring in the affected areas is by hand be-
cause the bays in question are too shallow for access by boats
carrying tongs. No changes were made as a result of the com-
ment.
Three commenters opposed adoption and stated that opposi-
tion to any area closure. The department disagrees with the
comment and responds that, as explained in detail elsewhere in
this rulemaking, oyster populations in Texas have been uniquely
stressed and it is imperative for the department to act to protect
oyster resources; protecting valuable shallow-water and inter-
tidal oyster resources is an integral part of the overall manage-
ment strategy for oysters in Texas. No changes were made as a
result of the comment.
Two commenters opposed adoption and stated that the reduc-
tion in the daily sack limit was unnecessary and in fact should
be increased. The department disagrees with the comment and
responds that department data indicate that landings have been
stable over the last ten years (averaging 31 sacks per day or
less) despite daily sack limits being higher. No changes were
made as a result of the comment.
One commenter opposed adoption and stated that the rules
would harm individual fishermen. The department disagrees
with the comment and responds that under current regulations,
fishermen are not fully utilizing the available fishing opportunity.
The average number of sacks harvested per day has been 31
or less even though daily limits were higher and, since 2007,
vessels fished a season of 90 to 130 days each year on average,
which is much less than the maximum possible season length of
182-183 days. Therefore, the department has determined that
the rules as adopted will not harm fishermen and in fact could
be beneficial because they will spread some harvest to later in
the season, when oysters will yield higher meat weights and be
more valuable at market. No changes were made as a result of
the comment.
One commenter opposed and stated that the rules will not be
effective. The department disagrees with the comment and re-
sponds that because the rules as adopted are based on the best
available science and management strategies, there is high con-
fidence that a positive outcome will occur. No changes were
made as a result of the comment.
One commenter opposed adoption and stated that Christmas
Bay should remain open to oyster harvest. The department dis-
agrees with the comment and responds that the ecological and
hydrological characteristics of Christmas Bay (especially in light
of recent harvest trends) make it an especially strong candidate
for the type of management strategy contemplated by the rules.
No changes were made as a result of the comment.One commenter opposed adoption of the proposed shortening
of the weekly lawful fishing hours and the proposed reduction in
the threshold for possession of undersize oysters. The depart-
ment disagrees with the comment and responds that the rules
as proposed are designed to redistribute fishing effort to the later
portion of the season when oyster meat-weights are higher and
more valuable to the industry, and to return more undersize oys-
ters and dead shell to reefs in order to increase recruitment and
provide substrate. No changes were made as a result of the
comment.
One commenter opposed adoption and stated that rules would
negatively impact private oyster beds (oyster beds fished under
a certificate of location issued by the department) and that the
daily sack limit should be reduced as much as necessary in or-
der to retain the ability to fish six days per week. The department
disagrees with the comment and responds that, as noted earlier
in this preamble, fishermen are not utilizing all the available days
for harvest that are currently available. Therefore, the distribu-
tion of effort over a longer time period will offset the loss of one
day per week of opportunity. No changes were made as a result
of the comment.
One commenter opposed adoption and stated that the proposed
definition of the 300-foot shoreline closure area was confusing
and that restoration areas should not be subjected to harvest.
The department agrees that the proposed definition was prob-
lematic and has made changes accordingly. The department
also agrees that restoration areas should not be subject to har-
vest. No changes were made as a result of the comment.
Seven commenters opposed adoption and stated that the rules
were either not stringent enough or should apply to more wa-
terbodies. The department disagrees with the comment and re-
sponds that the department is confident that the rules as adopted
will effectively protect and conserve shallow water and intertidal
oyster resources. No changes were made as a result of the com-
ment.
The department received 1,146 comments supporting adoption
of the rules as proposed.
The following groups and associations commented in opposition
to adoption of the rules as proposed:
Oyster Advisory Workgroup
The following groups and associations commented in support of
adoption of the rules as proposed:
Christmas Bay Foundation
Coastal Bend Bays and Estuary Program
Coastal Conservation Association
Coastal Resources Advisory Committee
Ducks Unlimited
Galveston Bay Foundation
Houston Chapter of Safari Club International
Houston Safari Club
Lone Star Bowhunters Association
Lone Star Chapter - Sierra Club
San Antonio Metropolitan Association of Bass Clubs
Sensible Management of Aquatic Resources in Texas42 TexReg 6022 October 27, 2017 Texas Register
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Texas. Secretary of State. Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017, periodical, October 27, 2017; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth897027/m1/110/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.