TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 57. FISHERIES

The Texas Parks and Wildlife Department (the department) proposes the repeal of 31 TAC §§57.254 - 57.256, 57.933, 57.934, and 57.936, and amendments to 31 TAC §§57.111, 57.113, 57.115 - 57.117, 57.128, 57.157, 57.251 - 57.253, 57.391, 57.392, 57.399, 57.401, 57.801, 57.932, 57.950 - 57.954, 57.971, 57.972, 57.981, 57.992, and 57.1001, concerning Fisheries. In general, the proposed rules eliminate recapitulation of statutory provisions that stand alone and therefore need not be in rule, consolidate current provisions of the rules in fewer sections of the Texas Administrative Code, and make opportunistic nonsubstantive changes as needed to maintain grammatical sense structural parallelism.

The proposed rules either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

The proposed amendment to §57.111, concerning Definitions, would eliminate the definition of "emergency," and replace the definitions of "aquaculture," and "public water," with references to statutory definitions of those terms.

The proposed amendment to §57.113, concerning General Provisions--Controlled Exotic Species, would eliminate language that duplicates statutory language and replace it with informational text to guide readers to the appropriate body of statutory law governing controlled exotic species.

The proposed amendment to §57.115, concerning, Special Provisions--Tilapia, and §57.116, concerning Special Provisions--Triploid Grass Carp, would eliminate provisions that reproduce statutory or regulatory language.

The proposed amendment to §57.116, concerning Special Provisions--Triploid Grass Carp, would consolidate duplicate provisions in a single subsection.

The proposed amendments to §57.117, concerning Special Provisions--Shrimp Aquaculture and Health Certification, would eliminate an unnecessary section that recapitulates statutory provisions.

The proposed amendment to §57.128, concerning Penalties, would eliminate an unnecessary word.

The proposed amendment to §57.157, concerning Mussels and Clams, would eliminate language that is already in statute.

The proposed amendment to §57.251, concerning Definitions, would replace the definition of "aquaculture" with a reference to the statutory definition of the term.

The proposed amendment to §57.252, concerning General Provisions, would insert a statutory reference in subsection (a), consolidate the provisions of subsections (b) and (c) to create a single provision governing permit issuance for introductions generally, restructure current subsection (h) to improve clarity regarding aquatic species that may be returned to public waters in the course of recreational angling, and reword current subsection (i) to create a single reference to statute.

The proposed amendment to §57.253, concerning Permit Application, would add the contents of current §57.254, concerning Denial; §57.255, concerning Renewal; and §57.256, concerning Amendment (which are all proposed for repeal) as new subsections (b) - (d), which is necessary to group similar administrative processes in a single section. The proposed amendment would add language in proposed new subsection (d) to provide for review of agency decisions to refuse issuance or renewal or to suspend or revoke a permit as provided in Chapter 56.

The proposed amendment to §57.391, concerning Definitions, would replace the current definition for "aquaculture" with a reference to the statutory definition.

The proposed amendment to §57.392, concerning General Rules, would eliminate a provision that is stated elsewhere in the subchapter.

The proposed amendment to §57.399, concerning Permit Denial Review, would eliminate paragraphs (1) - (3) and add language to provide for review of agency decisions to refuse issuance or renewal or to suspend or revoke a permit as provided in Chapter 56.

The proposed amendment to §57.401, concerning Restitution, would add a reference to Chapter 69, Subchapter B, to provide a consistent, cross-referenced value standard.

The proposed amendment to §57.801, concerning Powers of the Executive Director, would eliminate subsections (a), (c), and (d) and reword the remaining provisions to consolidate delegation and emergency provisions to provide a unified administrative framework for federal regulatory consistency.

The proposed amendment to §57.932, concerning State Aquatic Vegetation Plan, would add the contents of current §57.933, concerning Adoption and Applicability of Local Aquatic Vegetation Plans, §57.934, concerning Local Aquatic Vegetation Plan, and §57.936, concerning Recordkeeping (which are proposed for repeal), and retitle the section accordingly, which is intended to consolidate similar provisions in a single section to eliminate overlap and repetition.

The proposed amendments to §57.950, concerning General Provisions; §57.951, concerning Definitions; §57.952, concerning Applicability of Other Law; §57.953, concerning PRA Application; and §57.954, concerning Terms of Public Reefing Agreement (PRA), would add references to material donation agreements (MDAs) and new language describing the contents of MDAs, which is intended to employ consistent terminology and improve clarity, and consolidate similar provisions in a single section. The proposed amendments also replace a definition with a reference to statutory definition, eliminate a definition that is no longer necessary, and clarify that public reefing agreement applications are exclusive to public reefing activities, while MDA applications are exclusive to oil and gas decommissioning activities, which is intended to reduce confusion.

The proposed amendment to §57.971, concerning Definitions, would alter the current structure of the definition of "coastal waters boundary" to remove the word "boundary;" itemize each of the highway and road segments to correspond to the same waypoints on a map that is being added as a graphic; create a fallback standard for species names; and eliminate erroneous punctuation.

The proposed amendment to §57.972, concerning General Rules, would add a reference in the list of exceptions in subsection (g)(8) to reference permits issued under another chapter of TAC, correct a misspelling, and eliminate references to a harvest log that no longer exists, all of which are necessary to clarify and streamline current rules.

The proposed amendment to §57.981, concerning Bag, Possession, and Length Limits, would eliminate a superfluous paragraph in subsection (d), clarify that personal bag limits apply to guided fishing parties, reorganize provisions applicable to the tagging of red drum for purposes of clarification, eliminate time-dependent provisions that have expired on their own terms with respect to flounder harvest, and clarify a provision governing the use of natural bait for the take of red snapper by pole and line.

The proposed amendment to §57.992, concerning Bag, Possession, and Length Limits, would eliminate provisions that have expired on their own terms and are no longer operant and clarify that personal bag limits apply to guided fishing parties,.

The proposed amendment to §57.1001, concerning Draining of Water from Vessels Leaving or Approaching Public Freshwater, would add a new exception governing the transport of live fish from water bodies to weighing stations for purposes of participation in the department's ShareLunker program, which partners with anglers to improve largemouth bass genetics and enhance fisheries across Texas. The proposed provisions would create a structured process for transporting fish in live wells for purposes of weighing, while minimizing the potential for inadvertent transport of invasive exotic species.

Robert Macdonald, Regulations Coordinator, 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 proposed rules.

Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be execution of the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

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, 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 impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" 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 rules will not result in any direct economic costs to any 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 Procedure Act, §2001.022, as the agency has determined that the rules 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 rules.

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 rules.

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 any fee; not create a new regulation; not expand or limit an existing regulation, but will repeal several; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rules may be submitted to Robert Macdonald, Regulations Coordinator, at (512) 389-4775, email: robert.macdonald@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

SUBCHAPTER A. HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS

The amendments are proposed under the authority of Parks and Wildlife Code, §66.007 and §66.0072, which authorize the department to make rules necessary to authorize the import, possession, sale, or introduction of harmful or potentially harmful exotic fish, shellfish, and aquatic plants.

The proposed amendments affect Parks and Wildlife Code, Chapter 66.

§57.111. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (2) (No change.)

(3) Aquaculture--Has the meaning assigned [As defined] by Agriculture Code, §134.001[(4)].

(4) - (18) (No change.)

(19) [(20)] Exotic shrimp exclusion zone--That part of the state that is both south of SH 21 and east of I-35, but not including Brazos County.

(20) [(21)] Exotic species--Any aquatic plant, fish, or shellfish not indigenous to this state.

(21) [(22)] Facility--Infrastructure including drainage structures at a location where controlled exotic species are possessed, propagated, cultured, or sold under a controlled exotic species permit excluding private waters permitted for triploid Grass Carp stocking in accordance with §57.116 of this title (relating to Special Provisions--Triploid Grass Carp).

(22) [(23)] Facility complex--A group of two or more facilities located at a common site and sharing water diversion or drainage structures.

(23) [(24)] Gill-cutting--Cutting through the base of the gills on the underside of the fish.

(24) [(25)] Manifestations of disease--Include, but are not limited to, one or more of the following: heavy or unusual predator activity, empty guts, emaciation, rostral deformity, digestive gland atrophy or necrosis, gross pathology of shell or underlying skin typical of viral infection, fragile or atypically soft shell, gill fouling, or gill discoloration.

(25) [(26)] Nauplius (nauplii, if plural)--A larval crustacean (phylum Arthropoda, subphylum Crustacea) having no trunk segmentation and only three pairs of appendages.

(26) [(27)] Post-larva (post-larvae, if plural)--A juvenile crustacean (phylum Arthropoda, subphylum Crustacea) having acquired a full complement of functional appendages.

(27) [(28)] Private pond--A pond or lake capable of holding exotic species of tilapia and/or triploid grass carp in confinement wholly within private land for non-commercial purposes.

(28) [(29)] Public water--Has the meaning assigned [As defined] by Parks and Wildlife Code, §66.015[, the bays, estuaries, and water of the Gulf of Mexico within the jurisdiction of the state, and the rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those waters where public access is available without discrimination].

(29) [(30)] Recirculating aquaculture system--A system for culturing fish that treats or reuses all or a major portion of the water and is designed for no direct offsite discharge of water.

(30) [(31)] Quarantine condition--Separation of exotic shellfish from other stocks of shellfish within a facility such that neither the shellfish nor the water in which they are or were maintained comes into contact with water in the state or with other fish and/or shellfish.

(31) [(32)] Tilapia and triploid grass carp regulatory zones--Geographic conservation priority zones identified by the department where special provisions apply. Zone designations by county are as follows:

(A) - (B) (No change.)

(32) [(33)] Triploid grass carp--A grass carp (Ctenopharyngodon idella) that has been certified by the United States Fish and Wildlife Service as having 72 chromosomes and as being functionally sterile.

(33) [(34)] Waste--As defined in Water Code, §26.001(6).

(34) [(35)] Water in the state--As defined in Water Code, §26.001(5).

(35) [(36)] Wastewater treatment facility--All contiguous land and fixtures, structures, and associated infrastructure, including drainage structures used for treating wastewater pursuant to a valid permit issued by the Texas Commission on Environmental Quality.

(36) [(37)] Zoological facility--A zoo, aquarium, nature center, or other, similar facility that is:

(A) - (C) (No change.)

§57.113. General Provisions and Exceptions.

(a) (No change.)

(b) Except as provided by Parks and Wildlife Code or this subchapter, no person shall:

(2) (No change.)

(c) - (p) (No change.)

§57.115. Special Provisions--Tilapia.

(a) [Except as provided in this section or the provisions of §57.113 of this title (relating to General Provisions and Exceptions), no person may possess, import, export, sell, purchase, transport, propagate, or culture, or offer to import, export, sell, purchase, or transport tilapia unless the person is the holder of a valid controlled exotic species permit and is in compliance with the terms of the permit.]

[(b)] Private ponds stocked with tilapia shall be designed and maintained such that escape, release, or discharge of tilapia from the pond into public water is not likely to occur.

(b) [(c)] Non-commercial aquaculture. No permit is required under this subchapter to purchase, possess, transport, or propagate blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), and hybrids between these species for non-commercial (i.e., no sale) aquaculture purposes provided that:

(1) - (5) (No change.)

(c) [(d)] Stocking in private ponds.

(1) - (6) (No change.)

(d) [(e)] Commercial sale of tilapia for pond stocking. No tilapia may be stocked in or provided for the purpose of stocking into private ponds within the conservation zone without the landowner or their agent first obtaining written approval from the department as described in subsection (c) [(d)] of this section.

§57.116. Special Provisions--Triploid Grass Carp.

(a) The department may issue a permit for introduction of triploid grass carp into public or private water after finding that the introduction is not likely to affect threatened or endangered species or interfere with specific management objectives for other important species or habitats.

(b) [(c)] An applicant for a triploid grass carp permit for private pond stocking shall, upon request, allow inspection of their ponds or lakes by an employee of the department during normal business hours for the purposes of evaluating whether the private pond meets the criteria for permit issuance.

(c) [(d)] Except as otherwise approved by the department, the triploid grass carp stocking rate authorized by a permit shall be determined by consideration of the surface area of the water body to be stocked and the extent of the aquatic vegetation to be managed.

(d) [(e)] Triploid grass carp may be purchased or obtained only from:

(1) - (2) (No change.)

(e) [(f)] The department is authorized to introduce triploid grass carp into public water in situations where the department has determined that there is a management need, and when stocking will not affect threatened or endangered species or other important species or habitats.

(f) [(g)] Stocking in private ponds.

(1) (No change.)

(2) [(3)] A permit for stocking of triploid grass carp into private ponds is specific to the pond or ponds for which it is issued and shall remain valid for a period of 36 months from the date of issuance. All stocking must take place within the period of permit validity established by this paragraph.

(3) [(4)] No person holding triploid grass carp in a private pond may sell, offer for sale, or exchange triploid grass carp for money or anything of value.

(4) [(5)] Upon reclassification of any county in the conservation zone to stocking zone, the stocking zone provisions shall apply to all future stockings in that county. Zones are as defined in §57.111 of this title (relating to Definitions).

(5) [(6)] Within the stocking zone, permit applications requesting ten or fewer triploid grass carp require administrative review only. The application shall be submitted at least 14 days prior to the intended stocking.

(6) [(7)] A person in possession of live triploid grass carp stocked in a private pond must possess and retain for a period of one year from the date the grass carp were obtained or as long as the grass carp are in the water, whichever is longer:

(A) - (B) (No change.)

(7) [(8)] A person in possession of live triploid grass carp shall provide the documentation required by paragraph (6) [(7)] of this subsection to the new property owner upon change of ownership of the property as proof of lawful possession of triploid grass carp. Possession of the documentation described in paragraph (6) [(7)] of this subsection shall be maintained so long as a person possesses any live triploid grass carp.

(8) [(9)] Except as provided in paragraph (7) [(8)] of this subsection, triploid grass carp stocked in a private pond must be killed in accordance with the provisions of §57.113 of this title (relating to General Provisions and Exceptions) prior to being transported or transferred to another person.

(9) [(10)] A person in possession of live triploid grass carp may not modify the pond or ponds for which stocking was permitted in any way that could result in increased risk of escape, release, or discharge of controlled exotic species into public water.

§57.117. Special Provisions--Shrimp Aquaculture and Health Certification.

(a) - (i) (No change.)

(j) [(k)] If the results of inspections or analyses of controlled exotic species of shrimp from a facility placed under quarantine condition indicate the presence of disease, the facility shall remain under quarantine condition until the department removes the quarantine condition in writing or authorizes in writing other actions deemed appropriate by the department based on the required analyses.

(k) [(l)] If the results of inspections or analyses performed under subsection (g) of this section indicate the absence of any manifestations of disease, the permit holder may begin discharging from the facility.

§57.128. Penalties.

A person who violates a provision of this subchapter or a provision of a permit issued under this subchapter commits an offense punishable by the penalties prescribed by [the] Parks and Wildlife Code, §66.012.

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 September 21, 2026.

TRD-202604044

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER B. MUSSELS AND CLAMS

The amendment is proposed under Parks and Wildlife Code, §78.006, which authorizes the to regulate the taking, possession, purchase, and sale of mussels and clams.

The proposed amendment affects Parks and Wildlife Code, Chapter 78.

§57.157. Mussels and Clams.

(a) - (f) (No change.)

(g) Exception. Personal use of mussels and clams is subject to Parks and Wildlife Code, §78.005. Harvest under this subsection is authorized only for personal use and sale in jewelry and collectibles. [A person who possesses a valid fishing license or who is a resident and is exempt from licensing requirements under Parks and Wildlife Code, §46.002, may take or harvest from the public water of the state not more than 25 pounds a day of whole mussels and clams, or 12 pounds of mussel and clam shells, for use and sale in jewelry and collectibles.]

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 September 21, 2026.

TRD-202604045

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER C. INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS

The amendments are proposed under Parks and Wildlife Code, §12.015, which requires the department to regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state; §66.015(c), which requires the department to establish rules related to the issuance of permits for the introduction of fish, shellfish, or aquatic plants into the public water of the state; and Agriculture Code, §134.005, which requires the commission to adopt rules necessary to carry out its responsibilities under that chapter to regulate aquaculture.

The proposed amendments affect Parks and Wildlife Code, Chapters 12 and 66, and Agriculture Code, Chapter 134.

§57.251. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Aquaculture--As defined by Agriculture Code, §134.001 [The business of producing and selling cultured species raised in private facilities].

(2) - (11) (No change.)

§57.252. General Provisions.

(a) As provided by Parks and Wildlife Code, §66.015, no person may introduce [No person may place] any species of fish, shellfish, or aquatic plant into [the] public water [of the state] without a permit issued by the department.

(c) [(d)] A permit issued under this subchapter shall not be sold or transferred except with the approval of the department.

(d) [(e)] Except as provided by the terms and conditions of the permit, a one-time introduction permit, for releases other than those made into an offshore aquaculture facility, is valid for 60 days from the date of issuance or until the permitted introduction has been completed, whichever comes first.

(e) [(f)] For offshore aquaculture facilities:

(1) - (7) (No change.)

(f) [(g)] A holder of an offshore aquaculture permit must:

(1) - (5) (No change.)

(g) [(h)] A permit under this subchapter is not required for a person, while fishing, to place in or return to public water any live native species of fish or shellfish:

(2) being used as bait, to include goldfish (Carassius auratus) or common carp. [A permit is not required for any person, while fishing, to place goldfish (Carassius auratus), common carp (Cyprinus carpio), native shrimp, crabs, crawfish and nongame fish into public waters or to immediately release any fish that does not comply with size and bag limits for that species.]

(h) [(i)] A department employee acting under the direction of the executive director is exempt from the permit requirements of this subchapter as provided by Parks and Wildlife Code, §66.015. [An employee of the department acting at the direction of the executive director is exempt from the permit requirements specified by these sections.]

(i) [(j)] The department may waive the permit requirements of this subchapter for restoration or mitigation activities or other beneficial environmental purpose conducted in coordination with or at the direction of the department.

§57.253. Permit Application, Amendment, Renewal, and Denial.

(a) Application. An applicant for a permit under this subchapter shall complete and submit an application to the department on a form supplied by the department, accompanied by the fee prescribed by §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits).

(1) [(b)] Except for applications for offshore aquaculture permits, an application must be received by the department at least 30 days before the proposed introduction.

(2) [(c)] An application for an offshore aquaculture facility:

(A) [(1)] must be received by the department at least 90 days prior to the proposed deployment of any enclosure or infrastructure;

(B) [(2)] must include:

(i) [(A)] The name, address, and telephone number of the owner(s) of the facility and all stock;

(ii) [(B)] proof that the applicant has obtained:

(I) [(i)] all applicable state and/or federal permits or authorizations relating to water quality standards;

(II) [(ii)] all applicable state and federal permits, authorizations, or clearances related to navigational hazards; and

(III) [(iii)] any approval or permit required by the General Land Office;

(iii) [(C)] a clear and concise facility design, including scale plans and schematics of all infrastructure that, as determined by the department, is sufficient to:

(I) [(i)] prevent the escape of stock from the facility; and

(II) [(ii)] protect wildlife resources adjacent to the facility from:

(-a-) [(I)] disease transmission from stock;

(-b-) [(II)] the discharge of pollutants produced from feed or waste materials into public waters, including discharges resulting directly or indirectly from extreme weather conditions or physical collision;

(-c-) [(III)] the escape of stock from the facility as a result of extreme weather conditions or physical collision; and

(-d-) [(IV)] death or injury from ensnarement, entanglement, collision, or other physical interactions with enclosures or facility infrastructure;

(iv) [(D)] a clear and concise operations plan, which shall include best management practices that minimize potentially harmful discharges into public waters from the facility;

(v) [(E)] a prospective timeline of proposed activities, by species, from the time of introduction to the time of harvest or removal for each enclosure;

(vi) [(F)] a plan for removing all stock from the facility within 72 hours of notice from the department under §57.252 of this title (relating to General Provisions); and

(vii) [(G)] a statement that all stock meets the requirements of §57.252 of this title.

(3) [(d)] If the application is in the name of an entity other than an individual person or persons, the application must include a certificate of existence from the Texas Secretary of State and a franchise tax certification of account status from the Texas Comptroller of Accounts.

(4) [(e)] The department may require the applicant to submit any other information that the department determines is necessary to evaluate the application or protect state resources.

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 September 21, 2026.

TRD-202604046

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

The repeals are proposed under Parks and Wildlife Code, §12.015, which requires the department to regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state; §66.015(c), which requires the department to establish rules related to the issuance of permits for the introduction of fish, shellfish, or aquatic plants into the public water of the state; and Agriculture Code, §134.005, which requires the commission to adopt rules necessary to carry out its responsibilities under that chapter to regulate aquaculture.

The proposed repeals affect Parks and Wildlife Code, Chapters 12 and 66, and Agriculture Code, Chapter 134.

§57.254. Denial.

§57.255. Renewal.

§57.256. Amendment.

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 September 21, 2026.

TRD-202604047

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER F. COLLECTION OF BROODSTOCK FROM TEXAS WATERS

The amendments are proposed under the authority of Parks and Wildlife Code, §43.552, which requires the commission to prescribe by rule the requirements and conditions for the issuance of a permit under Parks and Wildlife Code, Chapter 43, Subchapter P.

The amendments affect Parks and Wildlife Code, Chapter 43, Subchapter P.

§57.391. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Aquaculture (or fish farming)--As defined by Agriculture Code, §134.001 [The business of producing and selling cultured aquatic species].

(2) - (13) (No change.)

§57.392. General Rules.

[(a)] No person may collect or possess broodstock in public waters unless the person is in physical possession of:

(1) - (2) (No change.)

§57.399. Permit Denial Review.

An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit or permit renewal, which shall be conducted under the applicable provisions of Chapter 56 of this title (relating to Agency Decision to Refuse License or Permit Issuance or Renewal and Agency Decision to Suspend or Revoke Affected License or Permit).

§57.401. Restitution.

In accordance with Chapter 69, Subchapter B of this title (relating to Fish and Wildlife Values), the [The] department shall calculate the restitution value of aquatic species taken under a permit issued under this subchapter and assess the permit holder for that value. A permit holder shall pay the restitution value within 14 days of being notified by the department.

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 September 21, 2026.

TRD-202604048

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER I. CONSISTENCY WITH FEDERAL REGULATIONS IN THE EXCLUSIVE ECONOMIC ZONE

The amendment is proposed under authority of Parks and Wildlife Code, §79.002, which authorizes the commission may delegate to the director the duties, responsibilities, and authority provided by that chapter for taking immediate action as necessary to modify state coastal fisheries regulations in order to provide for consistency with federal regulations in the exclusive economic zone.

The proposed amendment affects Parks and Wildlife Code, Chapter 79.

§57.801. Powers of the Executive Director.

(a) The executive director has delegated authority under Parks and Wildlife Code, §79.002, to modify state coastal fisheries regulations to conform with federal regulations in the Exclusive Economic Zone or fishery management plans ultimately approved by the U.S. Secretary of Commerce. [The executive director shall have the duties, responsibilities, and authority to take action as necessary, including but not limited to emergency rulemaking, to modify state coastal fisheries regulations to conform with federal regulations in the Exclusive Economic Zone and implement fishery management plans ultimately approved by the Secretary of Commerce, including but not limited to Exempted Fishing Permits (EFPs), when such action is deemed to be in the best interest of the State of Texas.]

(b) The executive director shall promptly notify the chairman of the commission when [any such] action is required and prior to any such action being taken.

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 September 21, 2026.

TRD-202604049

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER L. AQUATIC VEGETATION MANAGEMENT

The amendments are proposed under the authority of Parks and Wildlife Code, §11.082, which authorizes the department to develop and by rule adopt a state aquatic vegetation management plan following the generally accepted principles of integrated pest management.

The proposed amendments affect Parks and Wildlife Code, Chapter 11.

§57.932. Aquatic Vegetation Plans [State Aquatic Vegetation Plan].

(a) State aquatic vegetation plan.

(1) Requirements Applicable to All Measures to Control Nuisance Aquatic Vegetation.

(A) [(1)] Purpose. The purpose of the state aquatic vegetation plan is to provide for the coordination, oversight, guidance and where applicable public notice and enforcement of all activities related to the management of nuisance aquatic vegetation on public bodies of surface water. This includes, but is not limited to, coordination, oversight, public notification and enforcement of all aquatic herbicide use to protect state fish and wildlife resources and habitat and to prevent unreasonable risk from the use of any aquatic herbicide.

(B) [(2)] Standards. All measures that a person undertakes to control nuisance aquatic vegetation shall be consistent with the principles of integrated pest management as defined in §57.930 of this title (relating to Definitions). A guidance document prepared by TPWD will describe measures to control nuisance aquatic vegetation, and the minimum standards applicable to governing entities that regulate a public body of surface water and persons who propose to treat nuisance aquatic vegetation. The guidance document will include:

(i) [(A)] Encouragement of the growth and, where lacking, establishment of native aquatic vegetation that provides habitat for fish, the food chain that supports desirable fish populations, other desirable aquatic organisms and wildlife without interfering with reasonable recreational use, navigation, drinking water supply, flow of water to power plants, industrial use, irrigation, or other beneficial uses;

(ii) [(B)] Encouragement of efforts to address the root causes supporting the overgrowth of nuisance aquatic vegetation;

(iii) [(C)] Support for continued monitoring and assessment activities to identify new nuisance aquatic vegetation species and act appropriately to eliminate or minimize ecological impacts;

(iv) [(D)] Support for continued research and evaluation of vegetation control methods that will cause the least possible hazard to persons, property and the environment as required by application of integrated pest management principles;

(v) [(E)] Encouragement of public input in decision-making processes;

(vi) [(F)] Encouragement of ongoing education and outreach efforts as to the importance of managing aquatic vegetation to assure the ecological health of public waters;

(vii) [(G)] Information to guide individuals wishing to treat nuisance aquatic vegetation; and

(viii) [(H)] Criteria for choosing management responses to nuisance aquatic vegetation problems based on the uses of the water body and the nature of the problem. These criteria may take the form of a three-tier system: Tier I, which calls for immediate response and eradication; Tier II, which calls for ongoing control where nuisance aquatic vegetation is well-established; and Tier III, which calls for monitoring and a contingency plan in case the problem worsens. The three-tier system is subject to change as provided in subparagraph (C) of this paragraph [paragraph (3) of this subsection].

(C) [(3)] Modification of Guidance. TPWD will publish notice in the Texas Register and seek input from interested parties when it proposes major modifications to the guidance document such as changes in procedures and notification. Notice shall be provided at least 60 days prior to the effective date of any changes to the guidance document. The notice shall describe the proposed modifications and the reasons for the modifications, and how comments on the proposed modifications may be made to TPWD. Minor modifications such as changes of address, typographical corrections, and addition of species or approved herbicide may be published on the TPWD website without submission to the Texas Register.

(D) [(4)] Review by TPWD. Except as provided in subparagraph (E) of this paragraph [paragraph (5) of this subsection], prior to undertaking any measures to control nuisance aquatic vegetation in a public body of surface water, a person operating under the state plan (exclusive of TPWD personnel or its contractors) shall provide to TPWD a treatment proposal, on a form included in the guidance document, no later than the 14th day before the measures are to begin. TPWD will review and may disapprove or amend any treatment proposal and will respond no later than the day before the proposed control measures are to begin. Where appropriate, TPWD will provide technical advice and recommendations regarding prevention of nuisance aquatic vegetation problems. The person submitting the treatment proposal shall have the burden of demonstrating compliance with the state plan. Where a local plan governs, treatment proposals are not subject to TPWD review, approval, and amendment, but are to be submitted to TPWD (pursuant to subsection (b) of this section [§57.934(b) of this title, relating to Local Aquatic Vegetation Plan)] for informational purposes.

(E) [(5)] The owner or manager of a property or their agent, other than persons hired solely for the purposes of removing aquatic vegetation or persons using mechanical harvesters, is not required to submit a treatment proposal for physical removal of floating aquatic plants from public water adjacent to the property, shorelines, docks, or other waterfront infrastructure associated with the property provided these species are possessed, transported, and disposed in compliance with §57.113 of this title (relating to Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants).

(2) [(b)] Additional Requirements Applicable to the Use of Aquatic Herbicides to Control Nuisance Aquatic Vegetation.

(A) [(1)] No person shall apply aquatic herbicide in a public body of surface water where the state plan governs unless the herbicide is applied in a manner consistent with the state plan. No person shall apply aquatic herbicide in a public body of surface water where a local plan governs unless the herbicide is applied in a manner consistent with the local plan. Where a local plan has been adopted and approved, the requirements of the local plan supersede the requirements of this subsection.

(B) [(2)] All persons intending to apply an aquatic herbicide shall provide written notice to the governing entity, TPWD, all public drinking water providers that have an intake within two river miles of a site at which an application of aquatic herbicide is proposed to occur, and all persons who have requested notice (TPWD will maintain a list) no later than the 14th day before the application is to occur. The notice shall include:

(i) [(A)] the dates of the proposed application;

(ii) [(B)] all label information for the aquatic herbicide to be applied;

(iii) [(C)] a statement that TPWD's guidance document has been reviewed and the proposed herbicide application is consistent with the principles of integrated pest management as set forth in paragraph (1)(B) [subsection (a)(2)] of this subsection [section] and that document;

(iv) [(D)] information demonstrating that the proposed application will not result in exceeding:

(I) [(i)] the maximum contaminant level of the herbicide in finished drinking water as set by the TCEQ and the EPA; or

(II) [(ii)] if the aquatic herbicide does not have an MCL established by the TCEQ and the EPA, the maximum label rate; and

(III) [(E)] TDA applicator license number, if any.

(C) [(3)] In Tier I or emergency situations TPWD and/or its contractors may conduct herbicide treatment with only 24 hours notice to controlling authorities and persons on the notification list, provided the treatment is at least two river or lake miles away from an active potable water intake.

(D) [(4)] An individual who is not a licensed applicator may not apply aquatic herbicides unless the governing entity affirmatively finds, after receiving the proper notice as provided in paragraph (2)(B) of this subsection [subsection (b)(2) of this section], that the application will be consistent with the state plan. The governing entity shall respond to the notice given by an individual who is not a licensed applicator no later than the day before the date the application is scheduled to occur.

(E) [(5)] An individual who is a licensed applicator may apply aquatic herbicide after notice consistent with paragraph (2)(B) of this subsection [subsection (b)(2) of this section] if the governing entity finds that the application would be consistent with the state plan or does not disapprove the application no later than the day before the application is to occur.

(F) [(6)] After receiving notice of a proposed application of aquatic herbicide, a governing entity, or TPWD in the absence of such an entity, shall:

(i) [(A)] provide the individual proposing the application with the state plan;

(ii) [(B)] notify the individual in writing that it is a violation of state law to apply aquatic herbicides in a public body of water in a manner inconsistent with the state plan; and

(iii) [(C)] determine whether the proposed application is consistent with the state plan.

(G) [(7)] The governing entity shall prohibit the proposed application of aquatic herbicide if the governing entity finds that the proposed application is inconsistent with the state plan.

(H) [(8)] State money shall not be used to pay for treatment of a public body of surface water with an aquatic herbicide unless the application of the herbicide is performed by an applicator licensed for aquatic herbicide application by the TDA.

(I) [(9)] Any application of aquatic herbicide shall comply with label rates approved by the EPA.

(J) [(10)] Any application of aquatic herbicide shall comply with applicable federal NPDES requirements under the Clean Water Act.

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 September 21, 2026.

TRD-202604050

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

The repeals are proposed under authority of Parks and Wildlife Code, §11.082, which authorizes the department to develop and by rule adopt a state aquatic vegetation management plan following the generally accepted principles of integrated pest management.

The proposed repeals affect Parks and Wildlife Code, Chapter 11.

§57.933. Adoption and Applicability of Local Aquatic Vegetation Plan.

§57.934. Local Aquatic Vegetation Plan.

§57.936. Recordkeeping.

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 September 21, 2026.

TRD-202604051

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER M. ARTIFICIAL REEFS

The amendments are proposed under Parks and Wildlife Code, Chapter 89, which authorizes the commission to adopt rules and guidelines as necessary to implement the chapter, and to authorize a person to place a donation of reef materials in a permitted zone in accordance with the chapter and commission rules and guidelines.

The amendments affect Parks and Wildlife Code, Chapter 89.

§57.950. General Provisions.

(a) No person may construct or attempt to construct an artificial reef in the coastal waters of this state unless the person has entered into a Public Reefing Agreement (PRA) or Material Donation Agreement (MDA) with the department as described in §57.954 of this title (relating to Terms of Public Reefing Agreement (PRA) or Material Donation Agreement (MDA)).

(b) A PRA or MDA is not valid unless it has been signed by the applicant and an employee of the department authorized to approve a PRA or MDA.

(c) The department may:

(1) inspect and approve any reef units (on land or at sea) identified in a PRA or MDA;

(2) (No change.)

(3) come aboard or accompany any vessel while the vessel is being used to deploy reef materials under a PRA or MDA.

(d) - (g) (No change.)

§57.951. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

(1) (No change.)

(2) Applicant--Any person applying for a PRA or MDA. For the purposes of this subchapter, the use of the term "applicant" also includes the applicant's agent.

(3) (No change.)

(4) [(5)] Deployment--The act of placing approved materials and reef units onto an approved artificial reef site.

(5) [(6)] Person--Any person, firm, partnership, association, corporation, or entity.

(6) [(7)] Reef Unit--Those materials to be deployed as an artificial reef that constitute a single approved item or multiple items that are permanently linked together.

(7) [(9)] Vessel--Any watercraft or barge used to transport materials for the construction of artificial reefs.

§57.952. Applicability of Other Law.

(a) (No change.)

(b) A PRA or MDA issued under this subchapter is not a defense to prosecution for conduct not specifically authorized by the agreement.

§57.953. [PRA] Application for PRA or MDA.

(b) [(a)] A person seeking a PRA or MDA from the department for the construction of an artificial reef in the coastal waters of this state shall complete and submit an application to the department on a form supplied by the department.

(c) [(b)] The department may refuse to authorize a PRA or MDA based on the following determinations:

(1) (No change.)

(2) the applicant's noncompliance with previous PRAs or MDAs;or

(3) (No change.)

(d) [(c)] Following evaluation of the application the department may authorize a PRA or MDA for the applicant.

§57.954. Terms of [Public Reefing] Agreement [(PRA)].

(a) A PRA shall include provisions for:

(1) - (8) (No change.)

(9) any other stipulations, restrictions, or conditions determined by the department to be necessary, based on the particulars of the application, including provisions for a reasonable performance bond to be returned to the applicant when the reef material has been deployed and all requirements of the PRA have been fulfilled to the satisfaction of the department.

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 September 21, 2026.

TRD-202604052

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER N. STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION

CHAPTER 58. OYSTERS, SHRIMP, AND FINFISH

The Texas Parks and Wildlife Department (the department) proposes the repeal of 31 TAC §58.166 and amendments to §§58.21, 58.70, 58.102, 58.130, 58.160, 58.161, 58.163, 58.207, 58.210, and 58.304, concerning Oysters, Shrimp, and Finfish. In general, the proposed rules would eliminate recapitulation of statutory provisions that stand alone and therefore need not be in rule, consolidate current provisions of the rules in fewer sections of the Texas Administrative Code, and make opportunistic nonsubstantive changes as needed to maintain grammatical sense structural parallelism. The proposed rules either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

The proposed amendment to §58.21, concerning Taking or Attempting to Take Oysters from Public Oyster Beds: General Rules, would remove provisions that are no longer in effect.

The proposed amendment to §58.70, concerning Oyster License Buyback Program, would reword the section to increase clarity.

The proposed amendment to §58.102, concerning Definitions, would defer to a statutory definition and eliminate a repeated definition.

The proposed amendment to §58.130, concerning Shrimp License Buyback Program, would reword the section to increase clarity.

The proposed amendment to §58.160, concerning Taking or Attempting to Take Shrimp (Shrimping)--General Rules, would alter references to federal rules to clarify that the references are to the federal rules currently in effect, which is intended to eliminate confusion.

The proposed amendment to §58.161, concerning Shrimping in Outside Waters, eliminates inconsistencies with statutory provisions regarding timelines, corrects an improper capitalization, and clarifies a provision governing storage of shrimping gear aboard vessels.

The proposed amendment to §58.163, concerning Shrimping in Inside Waters--Commercial Bay Shrimping, would eliminate differential size limitations that were nullified in 2015 under the provisions of §58.166, concerning Special Provision.

The proposed repeal of §58.166, concerning Special Provision, is necessary in light of the proposed amendment to §58.163, which would render it superfluous.

The proposed amendment to §58.207, concerning License Transfer, would eliminate a date that is no longer meaningful and eliminate unnecessary language in subsection (b) to clarify that a license may be transferred to another person at any time.

The proposed amendments to §58.210, concerning License Buyback Program, and §58.304, concerning License Buyback Program, would reword those sections to increase clarity.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications for state or local governments as a result of administering or enforcing the proposed rules.

Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be execution of the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

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, 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 impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" 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 rules will not result in any direct economic costs to any 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 Procedure Act, §2001.022, as the agency has determined that the rules 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 rules.

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 rules.

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 any fee; not create a new regulation; not expand or limit, but will repeal an existing regulation; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rules may be submitted to Robert Macdonald, Regulations Coordinator, at (512) 389-4775, email: robert.macdonald@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

SUBCHAPTER A. STATEWIDE OYSTER FISHERY PROCLAMATION

The amendments are proposed under Parks and Wildlife Code, §76.301, which authorizes the commission to regulate the taking, possession, purchase and sale of oysters, including prescribing the times, places, conditions, and means and manner of taking oysters, and §76.405, which requires the department to establish criteria, using reasonable classifications, for the department's use in selecting licenses to be purchased.

The proposed amendments affect Parks and Wildlife Code, Chapter 76.

§58.21. Taking or Attempting to Take Oysters from Public Oyster Beds: General Rules.

(a) - (b) (No change.)

(c) Area Closures.

(1) (No change.)

(2) No person may take or attempt to take oysters within an area described in this paragraph. [The provisions of subparagraphs (A)(i)-(ii) cease effect on November 1, 2025 The provisions of subparagraph (A)(iii)-(iv) cease effect on November 1, 2026.]

(A) Galveston Bay.

(i) [(iii)] Dollar Reef HSE Mitigation Site. The area within the boundaries of a line beginning at 29° 27' 32.85"N, 94° 53' 45.62"W (29.459125°N, 94.896006°W, corner marker buoy A); thence to 29° 27' 04.95"N, 94° 52' 39.17"W (29.451376°N, 94.877548°W, corner marker buoy B); thence to 29° 26' 27.69"N, 94° 53' 02.34"W (29.441026°N, 94.883984°W, corner marker buoy C); thence to 29° 26' 42.34"N, 94° 53' 37.31"W (29.445094°N, 94.893697°W, corner marker buoy D); thence to 29° 27' 25.61"N, 94° 53' 52.37"W (29.457114°N. 94.897881°W, corner marker buoy E); and thence back to buoy A.

(ii) [(iv)] Desperation Reef. The area within the boundaries of a line beginning at 29° 29' 34.40"N, 94° 52' 53.08"W (29.49289°N, 94.88141°W, corner marker buoy A); thence to 29° 29' 35.69"N, 94° 52' 46.70"W (29.49325°N, 94.87964°W, corner marker buoy B); thence to 29° 29' 28.14"N, 94° 52' 41.56"W (29.49115°N, 94.87821°W, corner marker buoy C); thence to 29° 29' 26.56"N, 94° 52' 51.56"W (29.49071°N, 94.88098°W, corner marker buoy D); thence back to buoy A.

(B) - (K) (No change.)

§58.70. Oyster License Buyback Program.

(a) (No change.)

(b) License Buyback Bid Application Period.

(1) The department may [will] open [one or more license] buyback [bid offer application] periods as [(hereinafter referred to as an application period) per license year if available] funds permit and as needed to meet the goals of the oyster license moratorium program.

(2) (No change.)

(c) - (h) (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 September 21, 2026.

TRD-202604057

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER B. STATEWIDE SHRIMP FISHERY PROCLAMATION

The amendments are proposed under Parks and Wildlife Code, §77.007, which provides the commission with authority to regulate the catching, possession, purchase, and sale of shrimp and §77.119, which authorizes the commission to by rule establish criteria, using reasonable classifications, by which the department selects licenses to be purchased.

The amendments affect Parks and Wildlife Code, Chapter 77.

§58.102. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Aquatic products--Has the meaning assigned by Parks and Wildlife Code, §47.001 [Any aquatic life, alive or dead, uncooked, fresh or frozen, which is intended to be used for human consumption or bait.]

(2) - (27) (No change.)

(28) [(29)] Trawl--A beam trawl or otter trawl with a bag-shaped net which is used to catch shrimp.

(29) [(30)] Turtle Excluder Device (TED)--a device designed to be installed in a shrimp trawl forward of the cod end (tail bag) for the purpose of excluding sea turtles from the net and that meets the dimensions and specifications of an approved device as described in 50 CFR Part 223 in effect at the time [§223.207 on August 13, 2012].

§58.130. Shrimp License Buyback Program.

(a) (No change.)

(b) License Buyback Bid Application Period.

(1) The department may [will] open [one or more license] buyback [bid offer application] periods as [(hereafter referred to as application) per license year if available] funds permit and as needed to meet the goals of the shrimp license management program.

(2) (No change.)

(c) - (g) (No change.)

§58.160. Taking or Attempting to Take Shrimp (Shrimping)--General Rules.

(a) - (d) (No change.)

(e) Bycatch Reduction Device (BRD) requirements.

(1) (No change.)

(2) Exemptions from the BRD requirement--A shrimp boat is exempt from the BRD requirements of paragraph (1) of this subsection if it:

(A) - (B) (No change.)

(C) Shrimp boats may substitute tow-time restrictions for the BRD requirement of this subsection when the Assistant Administrator of the National Marine Fisheries Service (NMFS) has determined, under the applicable provisions of 50 CFR Part 223 [50 CFR §223.206(d)(3)(ii)], that special environmental conditions in a particular area make trawling with TED-equipped nets impracticable. Compliance with tow-time restrictions in place of the BRD requirement shall be subject to the limitations established by NMFS in its notice under the applicable provisions of 50 CFR Part 223 [50 CFR §23.206(d)(3)(iv)], including time period, locations, and any other conditions or restrictions that NMFS establishes.

(3) (No change.)

(4) Approved BRDs:

(A) In outside waters: Any BRD that meets the dimensions and specifications of an approved device as described in the applicable provisions of 50 CFR Part 622 [50 Code Federal Regulations (CFR) Part 622 §622.41 in effect as of June 23, 2010.]

(B) In inside waters:

(i) Any BRD (other than an extended funnel devices similar to "Jones/Davis" and "large mesh" devices) that meets the dimensions and specifications of an approved device as described in the applicable provisions of 50 CFR Part 622 [50 Code Federal Regulations (CFR) Part 622 §622.41 as of June 23, 2010]; or

(ii) - (iii) (No change.)

(f) - (g) (No change.)

§58.161. Shrimping in Outside Waters.

(a) - (c) (No change.)

(d) Gulf shrimping seasons. The outside waters are open to shrimping except:

(1) - (2) (No change.)

(3) Summer closed season:

(A) (No change.)

(B) The commission may change the opening and closing dates to provide an earlier, later, or longer closed season not to exceed 60 [75] days, and delegates to the executive director the authority to open and close the season as provided in Parks and Wildlife Code, §77.062[, not to exceed 60 days].

(C) (No change.)

(4) (No change.)

(5) Seabob season:

(A) - (B) (No change.)

(C) Not more than one trawl may be used for taking seabobs [Seabobs], except a try net may also be used.

(D) (No change.)

(e) A vessel that is required under the provisions of Parks and Wildlife Code, §77.034 to obtain a commercial gulf unloading license shall, at all times the vessel is in state waters, store all trawls and trawl doors:

(2) within the confines of the hull of the vessel. [For the purposes of this subsection, "within the confines of the hull" means within a line perpendicular to and projected upwards from the gunwales of the vessel.]

§58.163. Shrimping in Inside Waters--Commercial Bay Shrimping.

(a) - (b) (No change.)

(c) Fall open season.

(1) - (3) (No change.)

(4) Size limits:

[(B)] [From November 1 through November 30] there are no count or size requirements.

(5) (No change.)

(d) (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 September 21, 2026.

TRD-202604058

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

The repeal is proposed under Parks and Wildlife Code, §77.007, which provides the commission with authority to regulate the catching, possession, purchase, and sale of shrimp and §77.119, which authorizes the commission to by rule establish criteria, using reasonable classifications, by which the department selects licenses to be purchased.

The proposed repeal affects Parks and Wildlife Code, Chapter 77.

§58.166. Special Provision.

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 September 21, 2026.

TRD-202604061

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER C. STATEWIDE CRAB FISHERY PROCLAMATION

The amendments are proposed under Parks and Wildlife Code, §78.111, which authorizes the commission to by rule establish criteria, using reasonable classifications, by which the department selects licenses to be purchased, and §78.112, which requires the commission to adopt any rules necessary for the administration of the crab license buyback program.

The proposed amendments affect Parks and Wildlife Code, Chapter 78.

§58.207. License Transfer.

[(b)] A commercial crab fisherman's license may be transferred to another person at any time[, by will, or otherwise to any person who in the absence of a will would be entitled to all or a portion of the licensee's property upon death of the licensee].

§58.210. License Buyback Program.

(a) - (b) (No change.)

(c) License buyback application period.

(1) The department may [will] open [license] buyback [bid application] periods as [(hereafter referred to as application) if available] funds permit and as needed to meet the goals of the crab license management program.

(2) (No change.)

(d) - (h) (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 September 21, 2026.

TRD-202604059

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER D. FINFISH FISHERY PROCLAMATION

The amendment is proposed under Parks and Wildlife Code, §47.081, which authorizes the commission to by rule establish criteria, using reasonable classifications, by which the department selects licenses to be purchased.

The proposed amendment affects Parks and Wildlife Code, Chapter 47.

§ 58.304. License Buyback Program.

(a) - (b) (No change.)

(c) License buyback application period.

(1) The department may [will] open [license] buyback [bid application] periods as [(hereafter referred to as application) if available] funds permit and as needed to meet the goals of the finfish management program.

(2) (No change.)

(d) (No change.)

(e) Finfish license buyback criteria.

(1) (No change.)

(2) The department may consider:

(A) duration of participation in the fishery prior to 1999 [enactment of Parks and Wildlife Code, §47.001-47.086];

(B) - (F) (No change.)

(f) - (h) (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 September 21, 2026.

TRD-202604060

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER E. CULTIVATED OYSTER MARICULTURE

The Texas Parks and Wildlife Department (the department) proposes an amendment to §58.353, concerning General Provisions.

The proposed amendment would provide for electronic submission and approval of requests for designation of subpermittees and Oyster Transport Authorizations, which is necessary to increase administrative efficiency and customer service. The proposed amendment also would alter subsection (q) to extend the time period for repairing lights and signals (from 24 to 72 hours), move the contents of current subsection (t) into subsection (q) to consolidate marking and identification requirements in a single subsection, and make changes to reduce the need for rulemaking each time technical standards are changed in federal rules. Finally, the proposed amendment would alter subsection (v) to add new paragraph (3) to address situations in which oysters that have been harvested and transported from cultivated oyster mariculture facilities to certified dealers need to be returned to the originating facility for whatever reason. The department has become aware of the need to provide the regulated community with an avenue for cultivated oysters to be returned if necessary to the location of harvest for further development. Therefore, the proposed amendment would establish a tagging, documentation, and reporting system that would allow for such returns without compromising food safety or complicating the chain-of-custody requirements necessary to do so.

The proposed amendments either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there is the potential for minor fiscal implications to the department associated with implementation of electronic submission and approval mechanisms. Those costs are not quantifiable but will be minor. There will be no fiscal implications for other units of state or local governments as a result of administering or enforcing the proposed rules.

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 rules will be execution of the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

There will be minor adverse economic effects on persons required to comply with the rules as proposed, which are addressed in the discussion of impacts to small and microbusiness elsewhere in this preamble.

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, 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 impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" 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 requirement for gear tags to be attached to oysters returned to a harvest site for re-submergence will result in a direct economic cost of less than $100 to any small business or microbusiness that chooses to return oysters from a dealer; however, the department notes that the proposed rule was requested by the regulated community and is not burdensome, and such a decision is purely discretionary. Nonetheless, the department has prepared the economic impact statement and regulatory flexibility analysis described in Government Code, Chapter 2006.

To ensure that this analysis captures every small or microbusiness affected by the proposed rule, the department assumes that most, if not all, persons who hold a cultivated oyster mariculture permit qualify as small or microbusinesses. Department data indicate that there are currently 20 fully permitted and 39 conditionally approved cultivated oyster mariculture sites.

The department considered several alternatives to the rule as proposed.

The first alternative was to maintain status quo. This alternative was rejected because the department seeks to address requests from the regulated community to provide a pathway for landed oysters to be returned to a harvest site for re-submergence; maintaining status quo would frustrate that goal.

The second alternative was to allow the practice without oversight. This alternative was rejected because it would result in oyster dealers and mariculturists being unable to prove compliance with state and federal shellfish sanitation standards, without which cultivated Texas oysters could not enter the chain of commerce.

Another alternative was for the department to provide the required tags. This alternative was rejected because the demand for tags is unpredictable and fluid, making the logistics problematic from both administrative and business perspectives.

There will be no impact on rural communities, as the proposed 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 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; create a new regulation (to authorize the return of oysters to a harvest site from a dealer); not limit or repeal an existing regulation, but will expand an existing rule (by allotting more time for signal repair completion); not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rule may be submitted to Dr. Lindsay Glass Campbell (Coastal Fisheries), at (512) 389-8575 (email: cfish@tpwd.texas.gov). Comments also may be submitted via the department's website at www.tpwd.texas.gov.

The amendment is proposed under the authority of Parks and Wildlife Code, §75.0103, which requires the commission to adopt rules to establish a program governing cultivated oyster mariculture, which may establish requirements for the taking, possession, transport, movement, and sale of cultivated oysters; the taking, possession, transport, and movement of broodstock oysters; fees and conditions for use of public resources, including broodstock oysters and public water, and any other matter necessary to implement and administer Parks and Wildlife Code, Chapter 75.

The proposed amendment affects Parks and Wildlife Code, Chapter 75.

§58.353. General Provisions.

(a) - (o) (No change.)

(p) Except as may be specifically provided otherwise in this section, activities authorized by a permit issued under this subchapter shall be conducted only by the permittee or subpermittees named on the permit.

(1) A permittee may designate subpermittees to perform permitted activities in the absence of the permittee.

(A) The permittee shall submit a subpermittee request on a form provided by the department that is signed and dated by both the permittee and subpermittee. The department shall provide an option for electronic submission and approval of requests for designation of subpermittees.

(B) - (C) (No change.)

(2) - (4) (No change.)

(q) A permittee shall, prior to the placement of any infrastructure within a permitted area located in or on public water:

(1) mark the boundaries of the permitted area with buoys or other permanent markers and continuously maintain the markers until the termination of the permit. All marker, buoys, or other permanent markers must meet applicable federal regulations, including regulations of the United States Coast Guard (U.S.C.G.) in effect at the time; and[:]

(A) - (D) (No change.)

(2) install safety lights and signals required by applicable federal regulations, including regulations of the [United States Coast Guard (]U.S.C.G.[)] and must be functional. Upon discovery of a malfunction or failure, a [A] permittee shall repair or otherwise restore to functionality any light or signal within 72 [24] hours, unless otherwise authorized by the department, and shall notify the department immediately upon completion of the repair [of notification by the U.S.C.G or the department].

(r) - (s) (No change.)

(t) [(u)] It is unlawful for any person to harvest oysters from a COM Grow-Out area for purposes of delivery and/or sale for human consumption unless the oysters are in a container that has been tagged in accordance with the applicable provisions of the NSSP concerning shellstock identification, and this subchapter. Tagging must occur prior to leaving the permitted area.

(u) [(v)] Except as provided by subsection (t) [(u)] of this section for harvested oysters transported for delivery and/or sale for human consumption, it is unlawful for any person to possess oysters, oyster seed, or oyster larvae outside of a permitted area unless the person also possesses a department-issued Oyster Transport Authorization, [or] the department has authorized in a permit provision the transport of oysters for tumbling and sorting, or the oysters have been harvested, sorted, and tagged in accordance with the provisions of paragraph (3) of this subsection.[:]

(1) Oyster Transport Authorization. The department shall provide an electronic method for the submission and approval of an Oyster Transport Authorization.

(A) - (B) (No change.)

(2) [Permit Provision] Authorization for Tumbling and Sorting Outside of Permit Area. [outside of permitted area]

(A) - (C) (No change.)

(v) [(w)] A vessel used to engage in activities regulated under this subchapter shall prominently display an identification plate supplied by the department at all times the vessel is being used in such activities.

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 September 21, 2026.

TRD-202604062

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: November 1, 2026

For further information, please call: (512) 389-4775