(a) Definitions. For purposes of this section, the following terms shall have the following meanings:
  (1) Affected area--
    (A) an area of fresh water containing environmental conditions conducive for alligator gar spawning; or
    (B) an area of fresh water where alligator gar are in the process of spawning activity.
  (2) Environmental conditions conducive for alligator gar spawning--the components of a hydrological state (including but not limited to water temperatures, timing and duration of flood events, river discharge rates, and any other factors that are known to be conducive to alligator gar reproduction) that are predictors of the likelihood of spawning activity of alligator gar.
(b) The Executive Director shall prohibit the take or attempted take of alligator gar in an affected area and shall provide appropriate notice to the public when the take or attempted take of alligator gar in an affected area is prohibited. The Executive Director shall provide appropriate public notice as to when lawful fishing in the affected area or areas may resume. An action under this section shall not exceed 30 days in duration.
(c) No person may take or attempt to take alligator gar by any means in an affected area declared by the Executive Director under subsection (b) of this section until the Executive Director gives notice that the lawful take of alligator gar may resume.

Source Note: The provisions of this §57.977 adopted to be effective September 1, 2014, 39 TexReg 6495