But since we don't know exactly when that might occur, in order not to unduly limit any closure, I would say let's give the Executive Director the authority to use the emergency rule to close it should those conditions exist and make it statewide in terms of the potential area of closure. It doesn't mean you would close it statewide. You might only -- should you choose to close it, do it in a section of the Trinity or in Texoma, depending on where rainfall has sufficiently occurred to flood vegetation. But if you see the video of these fish that we were shown, it was at Texoma --
MR. KURZAWSKI: Right.
COMMISSIONER DUGGINS: -- I mean the backs of these fish are out of water. And I wouldn't limit it to -- I would say all fishing is closed so we're not segregating out bow fisherman from rod and reel. Let's just protect the fish during the spawn. That's just my suggestion.
MR. KURZAWSKI: Well, we do -- we do mirror that closure on Texoma in our rules. So in the upper end of Texoma during the month of May, harvest of Gar is prohibited; so we did --
COMMISSIONER DUGGINS: Well, I wasn't aware of that. But I still stand by --
MR. KURZAWSKI: Sure.
COMMISSIONER DUGGINS: -- my recommendation that we --
MR. KURZAWSKI: And you're suggesting that we would eliminate, you know, taking or attempting to take?
COMMISSIONER DUGGINS: Correct.
MR. KURZAWSKI: Not just harvest?
COMMISSIONER DUGGINS: Just eliminate all fishing, Alligator Gar fishing, for whatever week, period of time or day's period of time the Executive Director may determine is appropriate if the spawning conditions are present.
MR. KURZAWSKI: Would we be -- are you suggesting we do that on our current -- the authority we have in Chapter 12 to issue like we're doing with the emergency orders on Zebra mussel?
COMMISSIONER DUGGINS: Let's ask Ann, because I think she can specify what we're talking about where the Commission directs it or authorizes -- delegates it rather to the Executive Director.
MS. BRIGHT: We can do this under probably both authority. I mean just the authority to set seasons and bag limits, as well as the emergency rule making authority. Kind of -- it's like the same belt and suspenders. So, yeah, I do think we have that authority and we can do that.
COMMISSIONER DE HOYOS: May I?
COMMISSIONER HUGHES: Yeah, Roberto.
COMMISSIONER DE HOYOS: I do have a -- quite a deal of concern with, you know, all establishing or stopping the harvest or the means of capture when we have not yet seen the data or the research that actually proves this is absolutely necessary. In other words, I do not disagree with the Vice-Chairman on the fact that, you know, the proper measurements have -- or should be established. But I do disagree on establishing or stopping ways of capture, ways of means, whatever we want to call it based on not, you know, substantiated information. Am I being clear?
I think we need to -- I mean Alligator Gar, we all have or may have different opinions. I mean they've been here forever, and I'm sure they will be here when we're all gone. Most of the people that I talk to, I have gotten several calls actually since I got into this Commission regarding this. Mostly anglers, you know, concerned about Alligator Gar, you know, eating the other fish, the game fish.
So I would suggest that before we decide to, you know, stop the fishing, the capture, the taking by any means, we are able to substantiate that this is a step that needs to be taken, you know. And by that I mean substantiate that with thorough research that, you know, doesn't leave any doubt on that; but just a comment.
COMMISSIONER DUGGINS: Let me react if I may to that. I mean we do know that if you take a Gar with a bow and arrow, it's fatal.
COMMISSIONER DE HOYOS: Correct.
COMMISSIONER DUGGINS: And you do know if you take a 5- or 6-foot fish out, that's a 40-, 50-year-old fish. You can't replace that, and we're not -- if we don't have recruitment every year, you're going to lose an entire age class and so when -- we do know that they are very vulnerable. If you can see this video, unfortunately we didn't have it today; but if you saw the video, you could see unmistakably how vulnerable the fish is during the spawn.
So I don't know that you need any more data to know it's vulnerable during the spawn and that if you take out -- you don't know which fish you're shooting. You can't tell whether you're shooting a 2-foot fish or a 9-foot fish because you can't -- you just can't tell. It's slightly underwater. And so I don't think we need more data to know it needs protection during the spawn. We're not -- I'm not suggesting that we cut back on the one-a-day limit at this time. I think that's what Ken is saying we're going to look at trying to getting further harvest data perhaps through some sort of permit system or a Red fish tag, something like that.
But in terms of trying to protect this fish during the spawn, this is the only way you can do it and just to shut it down for a very short period of time --
COMMISSIONER DE HOYOS: I agree with you on that. What my point was, you know, assuming we know when the spawn is, I thought I agreed with you.
COMMISSIONER DUGGINS: Well, we won't know -- first of all, we don't know whether there will be a spawn unless we have enough rain to flood vegetation because what we do -- we've heard from Ken and his colleagues is you've got to have flooded vegetation to have the appropriate spawning conditions and that only -- as they've said, it only occurs about three out of every ten years. So first, you've got to have it and then they'll have to determine where it occurs.
It's likely to be in the May timeframe, but it could be late April. It could be as late as early June, but it would only be for a few weeks where the Executive Director, based on input from Gary's department, would close it. And it may not be statewide. For example, you referred you've gotten calls from people about Gar depredating bass. I think we've all gotten those, and that pertains to Falcon Lake I'm not sure that can be biologically demonstrated, but you might leave Falcon Lake alone on this.
I think we're more concerned at this point about the Trinity, which is a prime watershed and you've got the Neches, what, the Sabine --
MR. SMITH: Sabine.
COMMISSIONER DUGGINS: -- areas. So I mean it's not a done deal. It would just -- it would allow them that flexibility if those conditions arise and I do think it's important that we protect these big fish when they're so easy to take.
COMMISSIONER DE HOYOS: No, that part I don't disagree with you. I think I -- I'm completely on board with that. Again, my only concern is making every possible effort to know when the spawning time is, you know, before we just decide to start shutting down a season or here or there because we believe that may be the case. That's my point.
COMMISSIONER JONES: One of the things -- maybe what we -- one of the things that we probably should do is maybe a combination of two things. One, along with our study of the spawn, the spawning season, the effect of the take and the research that we're currently doing, do some additional research on some of the concerns that we've been getting about some of the specific areas, like Lake Falcon and some of these others, so that we can make sure that we address both sides of the issue. Because as we all know, there are those in the state of Texas who feel pretty strongly the only good Alligator Gar is a dead Alligator Gar and I don't know whether that's based on scientific research or just a thought.
So I personally would like to have a bit more research on are these claims substantiated. I mean there's fear out there that the Alligator Gar is going to decimate the bass population of Lake Falcon and maybe other lakes. I don't know. And that -- any time I say "I don't know" and I'm getting ready to make a vote about something, it makes me a little nervous. So I would like to have a little more information one way or the other to substantiate whether or not we're getting accurate reports of Alligator Gar attacking bass and other such game fish.
And then at the same time, while we come up with a permanent, more permanent solution for the spawn and whether or not, you know, there is take in the spawn, maybe we should allow some flexibility. But I would say before there's -- before there's action, we need to be alerted that this is about to happen and this is the substantiation that we have for it because it may not wait until the next meeting. And that's all I'm saying, and I understand what Ralph is saying. If something happens before we meet again and we come up with a more concrete rule or regulation, then I'm okay with that; but I would like to know ahead of time because if we adopt that, we're going to get phone calls and people are going to wonder what's going on and what are you doing and you haven't -- you know, you haven't come to -- you haven't gone through your full process for a rule or regulation.
So I'm okay with the concept, but I would like to have a heads up.
COMMISSIONER HUGHES: If it happens you mean?
COMMISSIONER JONES: If it happens. If the spawn doesn't happen, then there's no rule. There's nothing.