PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 57. FISHERIES
SUBCHAPTER N. STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION
DIVISION 2. STATEWIDE RECREATIONAL FISHING PROCLAMATION
The Texas Parks and Wildlife Commission in a duly noticed meeting on January 25, 2024 adopted an amendment to 31 TAC §57.981, concerning Bag, Possession, and Length Limits, and the repeal of §57.983, concerning Spotted Seatrout - Special Provisions. The amendment to §57.981 is adopted with changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7866). This rule will be republished. The repeal is adopted without change and will not be republished.
The change to §57.981 alters subsection (c)(5)(O)(iv) to allow the retention of one spotted seatrout greater than 30 inches in length (the so-called "oversized fish") per day, rather than the 25-inch limit as proposed. The commission determined that the size of the one oversized fish allowed to be retained could be increased, adding greater protection for the resource and not altering the overall purpose of the rule.
In February of 2021, Winter Storm Uri caused a die-off of more than 3.8 million fish on the Texas Coast, with spotted seatrout mortality the highest reported among recreational game fish. An estimated 160,000 spotted seatrout were lost coastwide, with highest losses on the lower coast. On April 1, 2021, the department adopted an emergency rule (46 TexReg 2527) to protect seatrout populations by reducing harvest pressure, which had the additional benefit of accelerating recovery of spotted seatrout in the Laguna Madre system. The emergency rule expired on September 27, 2021. After post-freeze data analysis identified significant impacts in other coastal areas, the commission adopted new §57.983 (47 TexReg 1290) in January of 2022, which mirrored the provisions of the emergency rule (a three-fish daily bag limit, a minimum length limit of 17", and a maximum length limit of 23 inches, with no provision for the retention of oversize fish) but expanded its geographical extent. The new rule was intended to be temporary in nature; thus, it contained an expiration date of August 31, 2023.
Section 57.983 was intended to increase spotted seatrout spawning stock biomass and recruitment to the fishery as a means of recovery following the freeze event. Modeling data based on spotted seatrout life history suggested that the full benefit of the rule would take approximately seven years to be realized. Departmental data show continued impact to adult spotted seatrout populations since 2021. Coastwide spring gillnet data shows that the spotted seatrout population remains below the ten-year mean (a decline from recent historical average) and lower coastwide following the freeze event. Despite this, coastwide bag seine data shows increasing recruitment since 2021 to pre-freeze levels. While the recruitment trends are increasing, the department continues to be concerned over the long-term sustainability of the fishery; thus, the rule as adopted provides greater protection of the resource with a more restrictive bag and length limits as compared to the rule which took effect September 1, 2023.
The department received 1,797 comments opposing adoption of the rule as proposed. Of those comments, 1,648 expressed a reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, follow. The department notes that because some comments addressed more than one concern, the total number of comments being addressed by categorized reason for disagreement will not match the total number of commenters opposing adoption.
The department received 403 comments opposing adoption because the rule contained no provision for retention of "oversize" fish (fish exceeding the maximum size limit that are legal to retain) under a tagging system similar to that currently in effect for red drum. The department disagrees with the comments and responds that although the rule as proposed was published to seek public comment with respect to prospective bag and possession limits for spotted seatrout, it neither contemplated nor contained any provisions regarding the creation of a tag for oversized trout or a fee associated with such a tag. The adoption of a tag requirement and the imposition of a fee as part of this rulemaking are therefore impossible because such provisions were not part of the proposal and the public did not have the opportunity to comment upon them. Though a tag and associated fee are beyond the scope of this rulemaking, the department notes that staff has been directed to publish proposed rules for public comment as soon as possible to create a tag and an associated fee for the retention of oversized spotted seatrout. No changes were made as a result of the comments.
The department received 212 comments opposing adoption of any provision allowing the retention of "oversize" fish. The department disagrees with the comments and responds that there is no evidence, according to department data, to suggest that allowing the retention of one fish of a specified length as part of a daily bag limit would frustrate the goal of the rule to restore spawning stock biomass. No changes were made as a result of the comments.
The department received 175 comments opposing adoption on the basis that the current harvest regulation in effect (daily bag of five fish between 15 inches and 25 inches, which may include one fish greater than 25 inches) should be maintained. The department disagrees with the comments and responds that the analyses of the rule as proposed were calculated to accelerate recovery of the fishery while still providing significant angling opportunity. The protection of the fishery's spawning stock biomass will lead to increased recruitment and faster population recovery. No changes were made as a result of the comments.
The department received 174 comments opposing adoption on the basis that the rules do not include provisions to regulate the impact of fishing guides on the fishery such as: provisions to increase fishing guide license fees, limitations on the number of guides, and fishing guide license requirement changes. The department disagrees with comments and responds that anglers fishing with fishing guides and landing fish are appropriately licensed and allowed to do so like all anglers. Harvest associated with guided fishing trips is no different from harvest associated with anglers on a private vessel. The department notes that several commenters seemed to conflate the terms "commercial fishing" and "fishing guide." A fishing guide license does not allow commercial fishing (i.e., the harvest and sale of aquatic products). No changes were made as a result of the comments.
One-hundred and seventy-two commenters opposed adoption and stated that the rules as proposed would prevent low-income persons from fishing or otherwise cause fishing to become too expensive to participate in. The department disagrees with the comments and responds that the rule as adopted applies to all licensees, neither favors nor discriminates against any individual or class of individuals and does not impose negative economic impacts on anyone. The department further responds that the rule as adopted is necessary to ensure the sustainability of the fishery and is intended to provide effective and timely recovery measures while also providing significant fishing opportunity. Finally, the department notes that there are many other species of fish other than spotted seatrout that may be taken under a recreational fishing license. No changes were made as a result of the comments.
The department received 148 comments opposing adoption on the basis that rules are government overreach or over-regulation. The department disagrees and responds that the rule as adopted is within the commission's statutory authority to adopt and was promulgated in compliance with all applicable statutory requirements. The department further responds that the rule as adopted is necessary to ensure the sustainability of the fishery and is intended to provide effective and timely recovery measures while also providing significant fishing opportunity. No changes were made as a result of the comments.
One-hundred and forty-two commenters opposed adoption and stated that the rule will negatively impact coastal sport fishing. The department disagrees and responds that it has a statutory duty to protect and conserve coastal resources and provide for the long-term sustainability of the fishery. The department further responds that the rule as adopted is necessary to ensure the sustainability of the fishery and is intended to provide effective and timely recovery measures while also providing significant fishing opportunity. No changes were made as a result of the comments.
The department received 141 comments opposing adoption because the rule would prevent anglers from being able to feed their families. The department disagrees with the comment and responds that it has a statutory duty to protect and conserve aquatic resources and to equitably distribute the opportunity to the public for enjoyment of the resource, which takes the form of personal bag and possession limits for various species of fish in the context of sound management of populations. Licensees are free to use their opportunity to obtain food via fishing activity, but recreational fishing opportunity is not intended to be and should not be construed as primary food supply for a subsistence fishery. No changes were made as a result of the comments.
One hundred commenters opposed adoption and stated that the rule should allow the retention of one spotted seatrout of greater than 25 inches in length. The department disagrees with the comment and responds that the rule as adopted, which allows a spotted seatrout greater than 30 inches in length, is consistent with biological assessments that indicate that by increasing the size limit there is greater overall conservation benefits for the long-term health and sustainability of the fishery. No changes were made as a result of the comments.
Ninety-eight commenters opposed adoption of the rule on the basis that the slot limit (the range between the minimum and maximum length limits in which fish are legal to retain) will lead to higher release rates and, consequently, higher mortality. The department disagrees with the comments and responds that changes in relative abundance were evaluated in the context of environmental conditions and interannual variability. Peer-reviewed studies have found that release mortality is not associated with fish size (Stunz and McKee 2011). In fact, reducing the bag limit might result in reduced release mortality if anglers after reaching the reduced bag limit switch their fish targeting behavior to other species. No changes were made as a result of the comments.
The department received 95 comments opposing adoption on the basis that natural events will restore the seatrout population. The department disagrees and responds that there is clear and convincing scientific evidence of fishing regulations supporting or increasing fishery populations. Prompt and effective action is necessary to stabilize and reverse negative population trends as quickly as possible, as not acting will either slow recovery or exacerbate population declines. Regulatory management of spotted seatrout harvest is a controllable mechanism to assist recovery, especially in response to natural episodic events such as freezes. No changes were made as a result of the comments.
Ninety commenters opposed adoption and stated that the rule will result in negative impacts to large female trout, which are the most productive breeders. The department disagrees with the comment and responds that biological data from department gillnet surveys show that a reduction in the slot size would increase spawning stock biomass by ensuring that a greater number of breeding-age female fish remain in the water, thereby increasing the recovery rate and potential of the fishery. No changes were made as a result of the comments.
Eighty-five commenters opposed adoption and stated that the rule should include a sunset date or be implemented in alternating years. The department disagrees with the comments and responds that the rule as adopted provides the most efficient, effective, and quickest way to stabilize and reverse population decline with the least amount of confusion and disruption to the regulated community. The department will also continue to monitor the fishery and will make any changes as necessary to the current regulations. No changes were made as a result of the comments.
The department received 82 comments opposing adoption on the basis that the data used for the regulation was insufficient, misrepresented, or based on flawed sampling design. The department disagrees with the comments and responds that the fishery-independent and human dimension data used to guide the department's management decisions are collected according to acknowledged and scientifically validated protocols. Gillnet catch data provide a relative measure of spotted seatrout abundance. These data are analyzed by the department in addition to other data, such as environmental factors and angler behavior, and management decisions are formulated accordingly. Numerous peer-reviewed studies, management decisions, and reports based on these same data are part of the literature and are accepted as viable management tools. The department stresses that anecdotal observations are certainly not preferred for use as a sole source of data as they may be inconsistent with results obtained with a study design that has both scientific method and rigor. Anecdotal observations are in no way equivalent to or a substitute for the spatial and temporal values yielded by the robust biological sampling conducted by the department, nor are they controlled by a sampling design. A subset of commenters also expressed distrust for survey designs, alleging they are biased. The department disagrees and responds that the angler survey utilized unbiased and standardized methodology that is scientifically sound and valid. No changes were made as a result of the comments.
Sixty-seven commenters stated that spotted seatrout populations should be managed on a regional basis because spotted seatrout populations vary along the coast. The department disagrees with the comment and responds that regional management would not be more effective in restoring overall spawning biomass as quickly as a coastwide harvest regulation. The current regulations are expected to increase overall spawning biomass and abundance in all bays systems to accelerate recovery and to be more resilient against other episodic mortality events and increasing fishing pressure.
Sixty-seven commenters opposed adoption and stated that croaker should be declared a gamefish or prohibited as bait. The department disagrees with the comments and responds that bag and possession limits are predicated on population and harvest trends and are designed to provide for sustainable harvest irrespective of types of fishing practices used by anglers. In any case, the department notes that although croaker (and other species like pinfish and pigfish) are effective bait for spotted seatrout, the data indicate that more spotted seatrout are caught on live shrimp than any other bait. The department further notes that designation as a game fish is not necessary, as croaker are abundant and their populations are stable. No changes were made as a result of the comments.
Fifty-six commenters opposed adoption and stated that commercial activity, including commercial fishing, dredging, silting, and barges, debilitates habitat quality and contributes to spotted seatrout declines. Though regulation of the activities identified in the comment is beyond the scope of this rulemaking, the department has limited authority to regulate matters other than the recreational and commercial harvest of marine species, which does not include the authority to regulate dredging or barge traffic. A subset of commenters specifically mentioned the impact of commercial shrimp harvest on the spotted seatrout fishery. The department disagrees with the comment and notes that inshore shrimping licenses have been reduced significantly through the license buyback program and shrimp fishing effort has been reduced. No changes were made as a result of the comments.
Forty-eight commenters opposed adoption and stated that ecosystem health and pollution should be addressed instead of harvest restrictions. The department disagrees with the comments and responds that although there are a variety of long-term factors affecting all coastal resources, in this case the sudden, significant negative impacts to spotted seatrout populations caused by the severe freeze event necessitated swift reaction to stabilize and restore spawning biomass. This rule-making is a continuation of that effort for longer-term recovery and sustainability which simply cannot be achieved in the short-term via habitat improvement or environmental regulation. No changes were made as a result of the comments.
Forty-seven commenters opposed adoption and stated a preference for a larger minimum length limit for the retention of oversize fish. The department agrees with the comments and changes were made to the proposal as the commission deliberated and then directed the imposition of a 30-inch minimum length for oversize fish that may be retained.
Forty-five commenters opposed adoption and stated that the rule was inappropriately influenced by outside entities. The department disagrees with the comments and responds that the rule is the result of scientific investigation in the discharge of the department's statutory duty to protect and conserve aquatic resources and is not the result of inappropriate direction from, intervention by, or in response to the wishes of any external entity. The department further responds that the public may submit comments on a proposed rule under the Administrative Procedure Act, and the department fully considers the public comments prior to adoption of a rule. No changes were made as a result of the comments.
The department received 41 comments opposing adoption because the rule affects recreational anglers but not fishing tournaments. The department disagrees with the comments and responds that although regulation of fishing tournaments is beyond the scope of this rulemaking and that anglers fishing as tournament participants are, in fact, licensed recreational anglers who must comply with size, bag, and possession limits. Thus tournament anglers are being impacted as well. No changes were made as a result of the comments.
Thirty-six commenters opposed adoption and stated that redfish regulations should be revised to alleviate the harvest pressure on spotted seatrout. The department disagrees with the comment and responds that harvest rules for redfish are beyond the scope of this rulemaking. There is evidence that suggests a shift in targeting behavior by anglers immediately after the freeze. That change in targeting behavior can still occur with the current red drum and spotted seatrout regulations. No changes were made as a result of the comments.
Thirty-three commenters opposed adoption and stated that spotted seatrout regulations should mirror those in other states. The commenters also either implied or stated that the fishing opportunities are better in other states. The department disagrees with the comments and responds that harvest regulations in the waters of other states are of limited value with respect to rules necessary to manage spotted seatrout in Texas, which are the result of harvest and population data and the conditions in Texas waters. No changes were made as a result of the comments.
Thirty-one commenters opposed adoption and stated that instead of altering harvest rules the department should stock more fish to cope with spotted seatrout declines. The department disagrees with the comment and responds that fish stocking cannot restore spawning stock biomass in the absence of effective harvest regulations. The department has released over 25 million spotted seatrout fingerlings coastwide since 2021 and will continue supplementing the fishery while implementing sustainable management though harvest regulation. No changes were made as a result of the comments.
Twenty-eight commenters opposed adoption and stated that instead of altering recreational harvest rules, the department should more vigorously pursue unlawful harvest activity. The department disagrees with the comments and responds that department vigilantly detects, cites, and prosecutes violators; however, law enforcement personnel cannot be everywhere at all times. The department believes that the overwhelming majority of anglers obey the law, which is supported by creel survey data indicating high compliance rates for spotted seatrout bag and size limits. Additionally, there is no evidence to suggest that unlawful take is a significant factor in current population status. Finally, the department encourages all persons with knowledge of conservation crimes to contact the department directly or via the Operation Game Thief Hotline, which pays cash rewards for information leading to the conviction of violators and keeps the identities of sources anonymous. No changes were made as a result of the comments.
Twenty-eight commenters opposed adoption and stated that public comments are not considered by the commission because their minds are already made up. The department disagrees with the comments and responds that a summary of public comment is provided to and considered by the commission prior to deliberations. The department notes that the commission in this rulemaking considered public comment and adopted the rule with changes to the proposed text, which refutes assertions to the contrary. No changes were made as a result of the comments.
The department received 25 comments opposing adoption because Louisiana and other Gulf states are not pursuing similar conservation measures. The department disagrees with the comments and responds that the commission has no authority to regulate the waters of other states; however, the department does work cooperatively with other states to the greatest extent possible to develop appropriate management strategies. No comments were made as a result of the comments.
Twenty-four commenters opposed adoption and stated that it would be difficult to reach the daily bag limit under the proposed slot limits. The department disagrees with the comment and responds that the slot and bag limits are, in effect, the equitable distribution of fishing opportunity, which is the totality of sustainable harvest spread across the number of participants under expected levels of effort, given the abundance of the resource. It is axiomatic that as populations decline, harvest regulations must be altered to prevent overfishing. The purpose of the "slot" is to protect certain size and age classes to maximize reproductive potential and recover the population as quickly as possible while still providing angling opportunity. No changes were made as a result of the comments.
Twenty-four commenters opposed adoption and stated that natural predators are the cause of the spotted seatrout decline and rather than altering harvest rules, the department should instead reduce populations of fish that prey on spotted seatrout. The department disagrees with the comments and responds that predation occurs in any natural system, and there is no data to suggest that it is a major factor affecting spotted seatrout populations. Some predator species, specifically dolphins, are protected under federal law and the commission's regulatory authority does not extend to the management of those species. No changes were made as a result of the comments.
Twenty commenters opposed adoption and stated a preference for seasonal, episodic, or cyclical closures of the entire fishery rather than the harvest rule as proposed. The department disagrees with the comments and responds that a continuous standard not only is the easiest and most efficient pathway to restoring the fishery, it is easier to understand and comply with. No changes were made as a result of the comments.
The department received 19 comments that opposed adoption and stated that instead of altering harvest rules, the department should regulate the number of anglers and/or boats to alleviate fishing pressure. The department disagrees with the comment and responds that under the Texas Constitution, every person has a right to lawfully fish (if not otherwise prohibited by law from doing so). Additionally, there is no effective, efficient, equitable, or economically viable way to differentiate boats being used to catch seatrout from boats used for any other purpose, rendering such an approach inefficacious, problematic, and difficult to enforce. No changes were made as a result of the comments.
Seventeen commenters opposed adoption and stated that the cost of fishing licenses should be lowered if bag limits are lowered. The department disagrees and responds that license fees are not regressively related to angler opportunity, they are imposed to recover the cost to the department for the performance of its statutory duty to manage and conserve fisheries, which is a continuous process independent of population status of any species. No changes were made as a result of the comments.
Fifteen commenters opposed adoption and stated that anglers should be allowed to keep ten fish daily. The department disagrees and responds that at current rates of exploitation, allowing the retention of ten fish would have negative impacts to seatrout population and limit future angling opportunities. The department also notes that landings data show that few anglers reach the current daily bag limit of five fish. No changes were made as a result of the comments.
Seven commenters opposed adoption and stated that the implementation of the regulations should be delayed for one year. The department disagrees with the comment and responds that acting quickly is the most effective way to restore spawning stock biomass and stabilize the population in a timely manner. No changes were made as a result of the comments.
Three commenters opposed adoption and stated that various bait and hook types should be restricted rather than altering harvest rules. The department disagrees and responds that bag and possession limits by themselves are a sufficient mechanism for effectively restoring spawning stock biomass and that gear and bait restrictions, although beyond the scope of this rulemaking, are ineffective or unnecessary in this context. Additionally, the literature suggests that hooking location and angler skill level are significant predictors of post-release survival, and that gear type does not appear to be related to unintentional release mortality (Stunz and McKee 2011). No changes were made as a result of the comments.
Two commenters opposed adoption and stated that there should be exceptions to the new regulations for seniors and or military members. The department disagrees with the comments and does not believe that the rules as adopted impose a burden for or create an obstacle of any kind to seniors or members of the armed services, and in any case, such a change is beyond the scope of the rulemaking. No changes were made as a result of the comments.
One commenter opposed adoption and stated that increasing water temperatures are going to kill spotted seatrout anyway; thus, anglers should be allowed to harvest spotted seatrout without restrictions because their demise is imminent. The department disagrees with the comment and responds that there is no indication that the fishery is in danger of collapse any time soon as a result of increasing water temperatures and that current management efforts are more than sufficient to ensure a stable population for the foreseeable future. No changes were made as a result of the comments.
The department received 1,028 comments supporting adoption of the proposed rule. Both the Coastal Conservation Organization and Costal Resources Advisory Committee supported the rule change.
The amendment is adopted under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.
§57.981.Bag, Possession, and Length Limits.
(a) For all wildlife resources taken for personal consumption and for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor's residence and is finally processed.
(b) The possession limit does not apply to fish in the possession of or stored by a person who has an invoice or sales ticket showing the name and address of the seller, number of fish by species, date of the sale, and other information required on a sales ticket or invoice.
(c) There are no bag, possession, or length limits on game or non-game fish, except as provided in this subchapter.
(1) Possession limits are twice the daily bag limit on game and non-game fish except as otherwise provided in this subchapter.
(2) For flounder, the possession limit is the daily bag limit.
(3) The bag limit for a guided fishing party is equal to the total number of persons in the boat licensed to fish or otherwise exempt from holding a license minus each fishing guide and fishing guide deckhand multiplied by the bag limit for each species harvested.
(4) A person may give, leave, receive, or possess any species of legally taken wildlife resource, or a part of the resource, that is required to have a tag or permit attached or is protected by a bag or possession limit, if the wildlife resource is accompanied by a wildlife resource document (WRD) from the person who took the wildlife resource, provided the person is in compliance with all other applicable provisions of this subchapter and the Parks and Wildlife Code. The properly executed WRD document shall accompany the wildlife resource until it reaches the possessor's residence and is finally processed. The WRD must contain the following information:
(A) the name, signature, address, and fishing license number, as required of the person who killed or caught the wildlife resource;
(B) the name of the person receiving the wildlife resource;
(C) a description of the wildlife resource (number and type of species or parts); and
(D) the location where the wildlife resource was killed or caught (name of ranch; area; lake, bay or stream; and county).
(5) Except as provided in subsection (d) of this section, the statewide daily bag and length limits shall be as follows.
(A) Amberjack, greater.
(i) Daily bag limit: 1.
(ii) Minimum length limit: 38 inches.
(iii) Maximum length limit: No limit.
(B) Bass:
(i) The daily bag limit for largemouth, smallmouth, spotted, Alabama, and Guadalupe is 5, in any combination.
(ii) Alabama, Guadalupe, and spotted.
(I) No minimum length limit.
(II) No maximum length limit.
(iii) Largemouth and smallmouth.
(I) Minimum length limit: 14 inches.
(II) No maximum length limit.
(iv) Striped and their hybrids.
(I) Daily bag limit: 5 (in any combination).
(II) Minimum length limit: 18 inches.
(III) No maximum length limit.
(v) White.
(I) Daily bag limit: 25.
(II) Minimum length limit: 10 inches.
(IIII) No maximum length limit.
(C) Catfish:
(i) channel and blue (including hybrids and subspecies).
(I) Daily bag limit: 25 (in any combination).
(II) No minimum length limit.
(III) No maximum length limit.
(IV) It is unlawful to retain more than 10 channel and blue catfish, in the aggregate, of 20 inches or greater in length.
(ii) flathead.
(I) Daily bag limit: 5.
(II) Minimum length limit: 18 inches.
(III) No maximum length limit.
(iii) gafftopsail.
(I) No daily bag limit.
(II) Minimum length limit: 14 inches.
(III) No maximum length limit.
(D) Cobia.
(i) Daily bag limit: 1.
(ii) Minimum length limit: 40 inches.
(iii) No maximum length limit.
(E) Crappie, black and white (including hybrids and subspecies).
(i) Daily bag limit: 25.
(ii) Minimum length limit: 10 inches.
(iii) No maximum length limit.
(F) Drum, black.
(i) Daily bag limit: 5.
(ii) Minimum length limit: 14 inches.
(iii) Maximum length limit: 30 inches.
(iv) One black drum over 52 inches may be retained per day as part of the five-fish bag limit.
(G) Drum, red.
(i) Daily bag limit: 3.
(ii) Minimum length limit: 20 inches.
(iii) Maximum length limit: 28 inches.
(iv) During a license year, one red drum exceeding the maximum length limit established by this subparagraph may be retained when affixed with a properly executed Red Drum Tag, a properly executed Exempt Angler Red Drum Tag, or with a properly executed Duplicate Exempt Red Drum Tag, and one red drum over the stated maximum length limit may be retained when affixed with a properly executed Bonus Red Drum Tag. Any fish retained under authority of a Red Drum Tag, an Exempt Angler Red Drum Tag, a Duplicate Exempt Red Drum Tag, or a Bonus Red Drum Tag may be retained in addition to the daily bag and possession limit as provided in this section.
(v) A person who lawfully takes a red drum under a digital license issued under the provisions of §53.3(a)(12) this title (relating to Super Combination Hunting and Fishing License Packages) or under a lifetime license with the digital tagging option provided by §53.4(a)(1) of this title (relating to Lifetime Licenses) that exceeds the maximum length limit established by this subparagraph is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of license tags for that species; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the red drum is responsible for ensuring that the report required by this subparagraph is uploaded to the department immediately upon the availability of network connectivity.
(vi) It is an offense for any person to possess a red drum exceeding the maximum length established by this subparagraph under a digital license or digital tagging option without being in immediate physical possession of an electronic device that is:
(I) loaded with the mobile or web application designated by the department for harvest reporting under this subsection; and
(II) capable of uploading the harvest report required by this subsection.
(vii) A person who is fishing under a license identified in §53.4(a)(1) of this title and selected the fulfilment of physical tags must comply with the tagging requirements of this chapter that are applicable to the tagging of red drum under a license that is not a digital license.
(H) Flounder: all species (including hybrids and subspecies).
(i) Daily bag limit: 5.
(ii) Minimum length limit: 15 inches.
(iii) No maximum length limit.
(iv) During November, lawful means are restricted to pole-and-line only and the bag and possession limit for flounder is two. For the first 14 days in December, the bag and possession limit is two, and flounder may be taken by any legal means. On September 1, 2021, the provisions of this clause cease effect.
(v) Beginning September 1, 2021, the season for flounder is closed from November 1 through December 14 every year.
(I) Gar, alligator.
(i) Daily bag limit: 1.
(ii) No minimum length limit.
(iii) No maximum length limit.
(iv) During May, no person shall take alligator gar from, or possess alligator gar while on, the Red River (including Lake Texoma) and all tributaries that drain directly or indirectly to the Red River on the Texas/Oklahoma border in Cooke, Grayson, Fannin, Lamar, Red River, and Bowie counties.
(v) Any person who takes an alligator gar in the public waters of this state other than Falcon International Reservoir shall report the harvest via the department's website or mobile application within 24 hours of take.
(vi) Between one half-hour after sunset and one half-hour before sunrise, any lawful means other than lawful archery equipment and crossbow may be used to take an alligator gar in the portion of the Trinity River described in subsection (d)(1)(L)(ii) of this section, except for persons selected for opportunity as provided in §57.972(j) of this title (relating to General Provisions).
(vii) Except for persons selected for opportunity as provided in §57.972(j) of this title, no person in the portion of the Trinity River described in subsection (d)(1)(L)(ii) of this section may take an alligator gar by means of lawful archery equipment or crossbow between one half-hour after sunset and one half-hour before sunrise, or possess an alligator gar taken by means of lawful archery equipment or crossbow between one half-hour after sunset and one half-hour before sunrise.
(J) Grouper.
(i) Black.
(I) Daily bag limit: 4.
(II) Minimum length limit: 24 inches.
(III) No maximum length limit.
(ii) Gag.
(I) Daily bag limit: 2.
(II) Minimum length limit: 24 inches.
(III) No maximum length limit.
(iii) Goliath. The take of Goliath grouper is prohibited.
(iv) Nassau. The take of Nassau grouper is prohibited.
(K) Mackerel.
(i) King.
(I) Daily bag limit: 3.
(II) Minimum length limit: 27 inches.
(III) No maximum length limit.
(ii) Spanish.
(I) Daily bag limit: 15.
(II) Minimum length limit: 14 inches.
(III) No maximum length limit.
(L) Marlin.
(i) Blue.
(I) No daily bag limit.
(II) Minimum length limit: 131 inches.
(III) No maximum length limit.
(ii) White.
(I) No daily bag limit.
(II) Minimum length limit: 86 inches.
(III) No maximum length limit.
(M) Mullet: all species (including hybrids and subspecies).
(i) No daily bag limit.
(ii) No minimum length limit.
(iii) From October through January, no mullet more than 12 inches in length may be taken from public waters or possessed on board a vessel.
(N) Sailfish.
(i) No daily bag limit.
(ii) Minimum length limit: 84 inches.
(iii) No maximum length limit.
(O) Seatrout, spotted.
(i) Daily bag limit: 3.
(ii) Minimum length limit: 15 inches.
(iii) Maximum length limit: 20 inches.
(iv) Only one spotted seatrout greater than 30 inches may be retained per day. A spotted seatrout retained under this subclause counts as part of the daily bag and possession limit.
(P) Shark: all species (including hybrids and subspecies).
(i) all species other than the species listed in clauses (ii) - (iv) of this subparagraph:
(I) Daily bag limit: 1.
(II) Minimum length limit: 64 inches.
(III) No maximum length limit.
(ii) Atlantic sharpnose, blacktip, and bonnethead:
(I) Daily bag limit: 1.
(II) Minimum length limit: 24 inches.
(III) No maximum length limit.
(iii) great, scalloped, and smooth hammerhead:
(I) Daily bag limit: 1.
(II) Minimum length limit: 99 inches.
(III) No maximum length limit.
(iv) The take of the following species of sharks from the waters of this state is prohibited and they may not be possessed on board a vessel at any time:
(I) Atlantic angel;
(II) Basking;
(III) Bigeye sand tiger;
(IV) Bigeye sixgill;
(V) Bigeye thresher;
(VI) Bignose;
(VII) Caribbean reef;
(VIII) Caribbean sharpnose;
(IX) Dusky;
(X) Galapagos;
(XI) Longfin mako;
(XII) Narrowtooth;
(XIII) Night;
(XIV) Sandbar;
(XV) Sand tiger;
(XVI) Sevengill;
(XVII) Shortfin mako;
(XVIII) Silky;
(XIX) Sixgill;
(XX) Smalltail;
(XXI) Whale; and
(XXII) White.
(v) Except for the species listed in clauses (ii) - (iv) of this subparagraph, sharks may be taken using pole and line, but must be taken by non-offset, non-stainless-steel circle hook when using natural bait.
(Q) Sheepshead.
(i) Daily bag limit: 5.
(ii) Minimum length limit: 15 inches.
(iii) No maximum length limit.
(R) Snapper.
(i) Lane.
(I) Daily bag limit: None.
(II) Minimum length limit: 8 inches.
(III) No maximum length limit.
(ii) Red.
(I) Daily bag limit: 4.
(II) Minimum length limit: 15 inches.
(III) No maximum length limit.
(IV) Red snapper may be taken using pole and line, but it is unlawful to use any kind of hook other than a circle hook baited with natural bait.
(V) During the period of time when the federal waters in the Exclusive Economic Zone (EEZ) are open for the recreational take of red snapper:
(-a-) the bag limit for red snapper caught in the EEZ is two, and the minimum length limit is 16 inches; and
(-b-) red snapper caught in the EEZ shall count as part of the bag limit established in subclause (I) of this clause.
(iii) Vermilion.
(I) Daily bag limit: None.
(II) Minimum length limit: 10 inches.
(III) No maximum length limit.
(S) Snook.
(i) Daily bag limit: 1.
(ii) Minimum length limit: 24 inches.
(iii) Maximum length limit: 28 inches.
(T) Tarpon.
(i) Daily bag limit: 1.
(ii) Minimum length limit: 85 inches.
(iii) No maximum length limit.
(U) Triggerfish, gray.
(i) Daily bag limit: 20.
(ii) Minimum length limit: 16 inches.
(iii) No maximum length limit.
(V) Tripletail.
(i) Daily bag limit: 3.
(ii) Minimum length limit: 17 inches.
(iii) No maximum length limit.
(W) Trout (rainbow and brown trout, including their hybrids and subspecies).
(i) Daily bag limit: 5 (in any combination).
(ii) No minimum length limit.
(iii) No maximum length limit.
(X) Walleye and Saugeye.
(i) Daily bag limit: 5.
(ii) No minimum length limit.
(iii) No maximum length limit.
(iv) Two walleye or saugeye of less than 16 inches may be retained.
(d) Exceptions to statewide daily bag, possession, and length limits shall be as follows:
(1) Freshwater species.
(A) Bass: largemouth, smallmouth, spotted, and Guadalupe (including their hybrids and subspecies). Devils River (Val Verde County) from State Highway 163 bridge crossing (Bakers Crossing) to the confluence with Big Satan Creek including all tributaries within these boundaries and all waters in the Lost Maples State Natural Area (Bandera County).
(i) Daily bag limit: 0.
(ii) No minimum length limit.
(iii) Catch and release only.
(B) Bass: largemouth and spotted.
(i) Caddo Lake (Marion and Harrison counties).
(I) Daily bag limit: 8 (in any combination with spotted bass).
(II) Minimum length limit: 14 - 18 inch slot limit (largemouth bass); no limit for spotted bass.
(III) It is unlawful to retain largemouth bass between 14 and 18 inches. No more than 4 largemouth bass 18 inches or longer may be retained. Possession limit is 10.
(ii) Toledo Bend Reservoir (Newton, Sabine, and Shelby counties).
(I) Daily bag limit: 8 (in any combination with spotted bass).
(II) Minimum length limit: 14 inches (largemouth bass); no limit for spotted bass. Possession limit is 10.
(iii) Sabine River (Newton and Orange counties) from Toledo Bend dam to a line across Sabine Pass between Texas Point and Louisiana Point.
(I) Daily bag limit: 8 (in any combination with spotted bass).
(II) Minimum length limit: 12 inches (largemouth bass); no limit for spotted bass. Possession limit is 10.
(C) Bass: largemouth
(i) Chambers, Hardin, Galveston, Jefferson, Liberty (south of U.S. Highway 90), Newton (excluding Toledo Bend Reservoir), and Orange counties including any public waters that form boundaries with adjacent counties.
(I) Daily bag limit: 5.
(II) Minimum length limit: 12 inches.
(ii) Lake Conroe (Montgomery and Walker counties).
(I) Daily bag limit: 5.
(II) Minimum length limit: 16 inches.
(iii) Lakes Bellwood (Smith County), Bois d'Arc (Fannin County), Davy Crockett (Fannin County), Kurth (Angelina County), Mill Creek (Van Zandt County), Moss (Cooke), Nacogdoches (Nacogdoches County), Naconiche (Nacogdoches County), Purtis Creek State Park (Henderson and Van Zandt counties), and Raven (Walker).
(I) Daily bag limit: 5.
(II) Maximum length limit: 16 inches.
(III) It is unlawful to retain largemouth bass of greater than 16 inches in length. Largemouth bass 24 inches or greater in length may be retained in a live well or other aerated holding device for purposes of weighing but may not be removed from the immediate vicinity of the lake. After weighing the bass must be released immediately back into the lake unless the department has instructed that the bass be kept for donation to the ShareLunker Program.
(iv) Lakes Casa Blanca (Webb County), Fairfield (Freestone County), Gilmer (Upshur County), Marine Creek Reservoir (Tarrant County), Pflugerville (Travis County), and Welsh (Titus County).
(I) Daily bag limit: 5.
(II) Minimum length limit: 18 inches.
(v) Generations Park (Tarrant County), Buck Lake (Kimble County), Lake Forest Park (Denton County), Lake Kyle (Hays County), and Nelson Park Lake (Taylor County).
(I) Daily bag limit: 0.
(II) Minimum length limit: No limit.
(III) Catch and release only.
(vi) Lakes Alan Henry (Garza County), Grapevine (Denton and Tarrant counties), Jacksonville (Cherokee County), and O.H. Ivie Reservoir (Coleman, Concho, and Runnels counties).
(I) Daily bag limit: 5.
(II) Minimum length limit: No limit.
(III) It is unlawful to retain more than two bass of less than 18 inches in length.
(vii) Lakes Athens (Henderson County), Bastrop (Bastrop County), Houston County (Houston County), Joe Pool (Dallas, Ellis, and Tarrant counties), Lady Bird (Travis County), Murvaul (Panola County), Pinkston (Shelby County), Timpson (Shelby County), Walter E. Long (Travis County), and Wheeler Branch (Somervell County).
(I) Daily bag limit: 5.
(II) Minimum length limit: 14 - 21 inch slot limit.
(III) It is unlawful to retain largemouth bass between 14 and 21 inches in length. No more than 1 bass 21 inches or greater in length may be retained each day.
(viii) Lakes Fayette County (Fayette County), Fork (Wood Rains and Hopkins counties), and Monticello (Titus County).
(I) Daily bag limit: 5.
(II) Minimum length limit: 16 - 24 inch slot limit.
(III) It is unlawful to retain largemouth bass between 16 and 24 inches in length. No more than 1 bass 24 inches or greater in length may be retained each day.
(D) Bass: striped and their hybrids.
(i) Sabine River (Newton and Orange counties) from Toledo Bend dam to I.H. 10 bridge and Toledo Bend Reservoir (Newton, Sabine, and Shelby counties).
(I) Daily bag limit: 5.
(II) Minimum length limit: No limit.
(III) No more than 2 striped bass 30 inches or greater in length may be retained each day.
(ii) Lake Texoma (Cooke and Grayson counties).
(I) Daily bag limit: 10 (in any combination).
(II) Minimum length limit: No limit.
(III) No more than 2 striped or hybrid striped bass 20 inches or greater in length may be retained each day. Striped or hybrid striped bass caught and placed on a stringer in a live well or any other holding device become part of the daily bag limit and may not be released. Possession limit is 20.
(iii) Red River (Grayson County) from Denison Dam downstream to and including Shawnee Creek (Grayson County).
(I) Daily bag limit: 5 (in any combination).
(II) Minimum length limit: No limit.
(III) Striped bass caught and placed on a stringer in a live well or any other holding device become part of the daily bag limit and may not be released.
(iv) Trinity River (Polk and San Jacinto counties) from the Lake Livingston dam downstream to the F.M. 3278 bridge.
(I) Daily bag limit: 2 (in any combination).
(II) Minimum length limit: 18 inches.
(E) Bass: white. Lakes Caddo (Harrison and Marion counties), Texoma (Cooke and Grayson counties), and Toledo Bend (Newton Sabine and Shelby counties) and Sabine River (Newton and Orange counties) from Toledo Bend dam to I.H. 10 bridge.
(i) Daily bag limit: 25.
(ii) Minimum length limit: No limit.
(F) Carp: common. Lady Bird Lake (Travis County).
(i) Daily bag limit: No limit.
(ii) Minimum length limit: No limit.
(iii) It is unlawful to retain more than one common carp of 33 inches or longer per day.
(G) Catfish: channel and blue catfish, their hybrids and subspecies.
(i) Lake Kyle (Hays County).
(I) Daily bag limit: 0.
(II) Minimum length limit: No limit.
(III) Catch and release and only.
(ii) Trinity River (Polk and San Jacinto counties) from the Lake Livingston dam downstream to the F.M. 3278 bridge.
(I) Daily bag limit: 10 (in any combination).
(II) Minimum length limit: 12 inches.
(III) No more than 2 channel or blue catfish 24 inches or greater in length may be retained each day.
(iii) Lakes Caddo (Harrison and Marion counties), Livingston (Polk, San Jacinto, Trinity, and Walker counties), Sam Rayburn (Angelina, Jasper, Nacogdoches, Sabine, and San Augustine counties), and Toledo Bend (Newton, Sabine and Shelby counties) and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.
(I) Daily bag limit: 50 (in any combination).
(II) Minimum length limit: No limit.
(III) No more than five catfish 30 inches or greater in length may be retained each day.
(IV) Possession limit is 50.
(iv) Lake Texoma (Cooke and Grayson counties) and the Red River (Grayson County) from Denison Dam to and including Shawnee Creek (Grayson County).
(I) Daily bag limit: 15 (in any combination).
(II) Minimum length limit: No limit.
(III) No more than one blue catfish 30 inches or greater in length may be retained each day.
(v) Lakes Belton (Bell and Coryell counties), Bob Sandlin (Camp, Franklin, and Titus counties), Conroe (Montgomery and Walker counties), Hubbard Creek (Stephens County), Kirby (Taylor County), Lavon (Collin County), Lewisville (Denton County), Palestine (Cherokee, Anderson, Henderson, and Smith counties), Ray Hubbard (Collin, Dallas, Kaufman, and Rockwall counties), Richland-Chambers (Freestone and Navarro counties), Tawakoni (Hunt, Rains, and Van Zandt counties), and Waco (McClennan).
(I) Daily bag limit: 25 (in any combination).
(II) Minimum length limit: No limit.
(III) No more than five blue or channel catfish 20 inches or greater may be retained each day, and of these, no more than one can be 30 inches or greater in length.
(vi) Lakes Abilene (Taylor County), Braunig (Bexar County), Calaveras (Bexar County), Choke Canyon (Live Oak and McMullen counties), Fayette County (Fayette County), Proctor (Comanche County), Raven (Walker County), and Sheldon (Harris County).
(I) Daily bag limit: 15 (in any combination).
(II) Minimum length limit: 14 inches.
(H) Catfish: flathead.
(i) Lake Texoma (Cooke and Grayson counties) and the Red River (Grayson County) from Denison Dam to and including Shawnee Creek (Grayson County).
(I) Daily bag limit: 5.
(II) Minimum length limit: No limit.
(ii) Lakes Caddo (Harrison and Marion counties) and Toledo Bend (Newton, Sabine, and Shelby) and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.
(I) Daily bag limit: 10.
(II) Minimum length limit: 18 inches.
(III) Possession limit: 10.
(I) Crappie: black and white crappie their hybrids and subspecies.
(i) Caddo Lake (Harrison and Marion counties), Toledo Bend Reservoir (Newton Sabine and Shelby counties), and the Sabine River (Newton and Orange counties) from Toledo Bend dam to the I.H. 10 bridge.
(I) Daily bag limit: 25 (in any combination).
(II) Minimum length limit: No limit.
(ii) Lake Fork (Wood, Rains, and Hopkins counties) and Lake O' The Pines (Camp, Harrison, Marion, Morris, and Upshur counties).
(I) Daily bag limit: 25 (in any combination).
(II) Minimum length limit: 10 inches.
(III) From December 1 through the last day in February there is no minimum length limit. All crappie caught during this period must be retained.
(iii) Lake Texoma (Cooke and Grayson counties).
(I) Daily bag limit: 37 (in any combination).
(II) Minimum length limit: 10 inches.
(III) Possession limit is 50.
(iv) Lake Nasworthy (Tom Green County).
(I) Daily bag limit: 25 (in any combination).
(II) Minimum length limit: No limit.
(III) Possession limit is 50.
(J) Drum, red. Lakes Braunig and Calaveras (Bexar County).
(i) Daily bag limit: 3.
(ii) Minimum length limit: 20.
(iii) No maximum length limit.
(K) Gar, alligator.
(i) Falcon International Reservoir (Starr and Zapata counties).
(I) Daily bag limit: 5.
(II) No minimum length limit.
(III) No maximum length limit.
(ii) On the Trinity River and all tributary waters from the I-30 bridge in Dallas County downstream through Anderson, Ellis, Freestone, Henderson, Houston, Kaufman, Leon, Liberty, Madison, Navarro, Polk, San Jacinto, Trinity, and Walker counties to the I-10 bridge in Chambers County, including the East Fork of the Trinity River and all tributaries upstream to the Lake Ray Hubbard dam, the maximum length limit is 48 inches, except for persons selected by a department-administered drawing authorizing the take of a gar in excess of 48 inches in length.
(iii) During May, no person shall take alligator gar from, or possess alligator gar while on, the Red River (including Lake Texoma) and all tributaries that drain directly or indirectly to the Red River on the Texas/Oklahoma border in Cooke, Grayson, Fannin, Lamar, Red River, and Bowie counties.
(L) Shad gizzard and threadfin. Trinity River below Lake Livingston (Polk and San Jacinto counties).
(i) Daily bag limit: 500 (in any combination).
(ii) No minimum length limit.
(iii) Possession limit: 1000 (in any combination).
(M) Sunfish: all species. Lake Kyle (Hays County).
(i) Daily bag limit: 0.
(ii) Minimum length limit: No limit.
(iii) Catch and release and only.
(N) Trout: rainbow and brown trout (including hybrids and subspecies).
(i) Guadalupe River (Comal County) from the second bridge crossing on the River Road upstream to the easternmost bridge crossing on F.M. 306.
(I) Daily bag limit: 1.
(II) Minimum length limit: 18 inches.
(ii) Guadalupe River (Comal County) from the easternmost bridge crossing on F.M. 306 upstream to 800 yards below the Canyon Lake dam.
(I) Daily bag limit: 5.
(II) Minimum length limit: 12 - 18 inch slot limit.
(III) It is unlawful to retain trout between 12 and 18 inches in length. No more than one trout 18 inches or greater in length may be retained each day.
(2) Except as specifically provided elsewhere in this subchapter, the daily bag limit on the waterbodies enumerated in this paragraph is 5 fish (all species combined), to include not more than 1 black bass (Micropterus spp.) of 14 inches or greater in length.
(A) All CFLs;
(B) Brushy Creek (Williamson County) from the Brushy Creek Reservoir dam downstream to the Williamson/Milam county line;
(C) Canyon Lake Project #6 (Lubbock County);
(D) Deputy Darren Goforth Park Lake (Harris County);
(E) Elm (Brazos Bend State Park in Fort Bend County);
(F) Pilant (Brazos Bend State Park in Fort Bend County);
(G) Tucker Lake (Stephens and Palo Pinto counties);
(H) North Concho River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam; and
(I) South Concho River (Tom Green County) from Lone Wolf Dam to Bell Street Dam.
(3) Saltwater species. There are no exceptions to the provisions established in subsection (c)(5) of this 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 March 4, 2024.
TRD-202400937
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: March 24, 2024
Proposal publication date: December 22, 2023
For further information, please call: (512) 389-4775
The repeal is adopted under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed.
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 March 4, 2024.
TRD-202400938
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: March 24, 2024
Proposal publication date: December 22, 2023
For further information, please call: (512) 389-4775