FYI Folks.



INTERSTATE WILDLIFE VIOLATOR COMPACT REGULATIONS



PROPOSAL PREAMBLE



1. Introduction.



The Texas Parks and Wildlife Department (the department) proposes new §55.675, concerning Interstate Wildlife Violator Compact.



The 81st Texas Legislature (2009) enacted House Bill 3391 (H.B. 3391). Section 16 of H.B. 3391 amended the Parks and Wildlife Code by adding new Chapter 92, which authorizes the commission, on behalf of the state, to enter into the Interstate Wildlife Violator Compact (IWVC), a multi-state compact that allows member states to share information about wildlife violators and to deny licensure to persons who have failed to comply with conservation law in member states.



The terms of Section 16 of H.B 3391 authorize the commission to take all actions necessary to implement the provisions of Section 16, including the adoption of rules and the delegation of authority to the director. Section 16 of H.B. 3391 also authorizes the commission, if necessary to protect the interests of this state, to withdraw from the Interstate Wildlife Violator Compact in accordance with the terms of the compact.



The proposed new rule would direct the executive director of the department to enter into and/or withdraw from the Compact; appoint a Compact administrator to serve as Texas’ representative on the board of Compact administrators; refuse to issue a license, tag or permit; receive information from and provide information to other member states; process nonresident violators who are residents of other member states; establish policies and procedures to implement the terms of the Compact; and, take other action as necessary to carry out the terms of the Compact.. The proposed provisions are necessary for the department to participate in the IWVC according to its terms, as permitted and authorized under the terms of Section 16 of H.B. 3391.



2. Fiscal Note.



Major David Sinclair, Chief of Fisheries and Wildlife Enforcement, has determined that for each of the first five years the rule as proposed is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rule other than those addressed in the fiscal note to H.B. 3391.







3. Public Benefit/Cost Note.



Major Sinclair also has determined that for each of the first five years the rule as proposed is in effect:



(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be the deterrent effect of the denial of license privileges for persons who have not complied with conservation law in any jurisdiction affected by the Compact.



(B) Under the 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 and micro-businesses. The department has determined that there will be no direct economic effect on small or micro-businesses or persons required to comply as a result of the proposed rule. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.



(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.



(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.



(E) 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.



4. Request for Public Comment.



Comments on the proposed rule may be submitted to Major David Sinclair, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4854, e-mail: david.sinclair@tpwd.state.tx.us.



5. Statutory Authority.



The new rule is proposed under the authority of Parks and Wildlife Code, Chapter 92, which authorizes the commission, on behalf of the state, to enter into the Interstate Wildlife Violator Compact (IWVC) and to take all actions necessary to implement the chapter, including the adoption of rules and the delegation of authority to the director.



The proposed amendment affects Parks and Wildlife Code, Chapter 92.



§55.675. Interstate Wildlife Violator Compact. The Texas Parks and Wildlife Commission expresses support for the Interstate Wildlife Violator Compact (Compact) and hereby directs the executive director of the department to enter into the Compact on behalf of the state of Texas. As provided by the terms of the Compact, and in the manner specified by the Compact, the director or the director’s designee may:



(1) enter into the Compact and/or withdraw from the Compact;



(2) eppoint a Compact administrator to serve as Texas’ representative on the board of Compact administrators;



(3) refuse to issue a license, tag or permit;



(4) receive information from and provide information to other member states;



(5) process nonresident violators who are residents of other member states; and



(6) establish policies and procedures to implement the terms of the Compact and this seciton.



(7) take other action as necessary to carry out the terms of the Compact.



This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.



Issued in Austin, Texas, on

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