TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 57. FISHERIES

SUBCHAPTER N. STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION

The Texas Parks and Wildlife Commission in a duly noticed meeting on March 27, 2025, adopted the repeal of 31 TAC §57.984 and §57.985 and amendments to §57.981 and §57.992, concerning the Statewide Recreational and Commercial Fishing Proclamations, without changes to the proposed text as published in the February 21, 2025, issue of the Texas Register (50 TexReg 954). The text of the rules will not be republished.

The repeal of §57.984, concerning Special Provisions - Digital Exempt Angler Tags is necessary to comport current rules with provisions adopted and published elsewhere in this issue that would make all recreational hunting and fishing license products (licenses, stamp endorsements, tags, and selected permits) available as digital products.

The repeal of §57.985, concerning Spotted Seatrout- Special Provisions, is necessary to remove temporary interim provisions governing the take of spotted seatrout, adopted as a stand-alone section in 2024 to avoid conflict with other proposed rulemaking, in order to move them to §57.981, concerning Bag, Possession, and Length Limits, where they properly belong.

In February of 2021, Winter Storm Uri resulted in the largest freeze-related fish kill on the Texas Gulf coast since the 1980s, severely impacting spotted seatrout populations coastwide. In an effort to accelerate recovery of the spotted seatrout population, the department promulgated a series of rules that implemented reduced bag and "slot" (a mechanism to protect certain age classes) limits. Department monitoring has continuously indicated lower post-freeze catch rates (compared to the previous ten-year average), and the commission accordingly acted to implement continued measures to enhance and accelerate population recovery, adopting rules that reduced the bag limit and narrowed the slot limit for spotted seatrout. In January 2024, the commission directed staff to develop a mechanism to allow the retention of "oversized" fish (fish in excess of the maximum length established by rule) at a level not likely to compromise or defeat recovery measures, resulting in the adoption of §57.985, which also replaced the previous daily limit for the retention of oversized spotted seatrout with an annual limit.

The amendment to §57.981, concerning Bag, Possession, and Length Limits, incorporates the contents of current §57.985, concerning Spotted Seatrout- Special Provisions, for reasons discussed earlier in this preamble. The repeal and amendment are not substantive, do not alter the applicability of the rules currently in force and effect, and serve only to consolidate all provisions governing spotted seatrout harvest in a single place. The amendment also makes conforming changes to accommodate proposed amendments to Chapter 53, concerning Finance, published elsewhere in this issue, that would provide for the issuance of all recreational fishing licenses and stamp endorsements as digital products. In 2021, the department launched a pilot program to determine the feasibility of implementing digital versions of physical licenses, tags, and permits. The results of the pilot program were favorable, and the department is therefore proceeding with respect to making all recreational fishing licenses and stamp endorsements available as digital products.

The amendment to §57.992, concerning Bag, Possession, and Length Limits, liberalizes commercial harvest regulations for greater amberjack in Texas state waters by increasing the maximum length (currently 34 total inches) to match the current federal standard, which is 40 inches (total length). The amendment is intended to make commercial harvest regulations for greater amberjack consistent with federal regulations, which the department believes will prevent confusion and enhance compliance, administration, and enforcement.

The department received nine comments opposing adoption of the proposed amendment to §57.981, concerning Bag, Possession, and Length Limits. Of those comments, nine articulated a reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, follow.

Four comments opposing adoption of the portion of the proposed rules that implement requirements for the use of digital license products. The commenters stated that there should be no digital license products because phone batteries go dead, phones are lost, and connectivity is a problem, and other, similar misgivings with respect to the reliability of personal communications devices. The department disagrees with the comments and responds that no person is required to obtain a digital license product, and in any case, public approval of digital products is overwhelming. No changes were made as a result of the comments.

One commenter opposed adoption and stated, "[T]he burden of proof is always on the sportsman, as unconstitutional as that is." The department disagrees with the commenter and responds that legal burden of proof for obtaining a conviction for a violation of fish and game laws lies with the department; however, it is the responsibility of the angler to understand and comply with applicable law while engaging in an activity regulated by the department. No changes were made as a result of the comment.

One commenter opposed adoption and stated disagreement with the daily bag limit for spotted seatrout. The department disagrees with the comment and responds that daily bag limit for spotted seatrout exists in current rule, is not affected by this rulemaking, and was not considered for alteration in this rulemaking. No changes were made as a result of the comment.

One commenter opposed adoption and stated that the spotted seatrout tag should be implemented in 2026, not 2025. The department disagrees with the comment and responds that the spotted seatrout tag was implemented in 2024. No changes were made as a result of the comment.

The department received 37 comments supporting adoption of the rule as proposed.

The department received three comments opposing adoption of the proposed amendment to §57.992, concerning Bag, Possession, and Length Limits. Two of the commenters provided a reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, follow.

One commenter opposed adoption and stated that the bag limit for greater amberjack in state waters should remain the same. The department agrees with the comment and responds that the bag limit for greater amberjack in state waters is not affected by the rulemaking, which affects only the length limit. No changes were made as a result of the comment.

One commenter opposed adoption and stated that commercial harvest of any species listed as overfished should be prohibited. The department disagrees with the comment and responds that designation as "overfished" does not necessarily equate to immediate population concerns or threats. Several measures have been put in place since 2021 to ensure sustainability of greater amberjack populations at current levels of harvest. No changes were made as a result of the comment.

The department received 13 comments supporting adoption of the rule as proposed.