TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 57. FISHERIES
The Texas Parks and Wildlife Commission in a duly noticed meeting on March 27, 2025, adopted amendments to 31 TAC §§57.156, 57.252, and 57.253, concerning Fisheries, without changes to the proposed text as published in the February 21, 2025, issue of the Texas Register (50 TexReg 952). The text of the rules will not be republished.
The amendment to §57.156, concerning Definitions, removes a reference to a publication that no longer is applicable to the rule. The Texas Parks and Wildlife Commission finds that removing the reference is necessary to eliminate possible confusion.
The amendment to §57.252, concerning General Provisions, adds a provision repeating the statutory prohibition (Parks and Wildlife Code, §66.015) of the act of introducing any species of fish, shellfish, or aquatic plant into the public water of the state without a permit issued by the department.
The amendment to §57.253, concerning Permit Application, eliminates subsection (c)(2)(B)(i), which is no longer necessary because the Texas Department of Agriculture no longer regulates aquaculture.
The amendments are a result of the department's review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.
The department received no comments opposing adoption of the rules as proposed.
The department received nine comments supporting adoption of the rules as proposed.
SUBCHAPTER
B.
The amendment is adopted under Parks and Wildlife Code, §78.006, which authorizes the to regulate the taking, possession, purchase, and sale of mussels and clams.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 24, 2025.
TRD-202502115
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: July 14, 2025
Proposal publication date: February 21, 2025
For further information, please call: (512) 389-4775
SUBCHAPTER
C.
The amendments are adopted under the authority of Parks and Wildlife Code, §66.007, which requires the department to make rules to carry out the provisions of that section.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 24, 2025.
TRD-202502116
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: July 14, 2025
Proposal publication date: February 21, 2025
For further information, please call: (512) 389-4775
CHAPTER 58. OYSTERS, SHRIMP, AND FINFISH
The Texas Parks and Wildlife Commission in a duly noticed meeting on March 27, 2025, adopted amendments to 31 TAC §58.21 and §58.164, concerning the Statewide Oyster Fishery Proclamation, without changes to the proposed text as published in the February 21, 2025, issue of the Texas Register (50 TexReg 957). The text of the rules will not be republished.
The amendment to §58.21, concerning Taking or Attempting to Take Oysters from Public Oyster Beds; General Rules, eliminates provisions that expired on their own terms on November 1, 2024, and are therefore no longer necessary.
The amendment to §58.164, concerning Shrimping Inside Waters - Commercial Bait Shrimping, makes nonsubstantive changes to insert a missing preposition in subsection (b)(2)(A) and eliminate duplicated language in subsection (d). The Texas Parks and Wildlife Commission finds that the alterations are prudent because they eliminate possible confusion.
The amendments are a result of the department's review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.
The department received no comments opposing adoption of the rules as proposed.
The department received nine comments supporting adoption of the rules as proposed.
SUBCHAPTER
A.
The amendment is adopted 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.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 24, 2025.
TRD-202502117
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: July 14, 2025
Proposal publication date: February 21, 2025
For further information, please call: (512) 389-4775
SUBCHAPTER
B.
The amendment is adopted under Parks and Wildlife Code, §77.007, which authorizes the commission to regulate the catching, possession, purchase, and sale of shrimp.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 24, 2025.
TRD-202502118
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: July 14, 2025
Proposal publication date: February 21, 2025
For further information, please call: (512) 389-4775