(a) Regulations in this subpart apply only to the Texas Parks and Wildlife Department (TPWD) and those persons acting under its authority during fishery research surveys and authorize the incidental taking of marine mammals that occurs in the area outlined in paragraph (b) of this section and that occurs incidental to research survey program operations. Requirements imposed upon TPWD must be implemented by those persons the TPWD authorizes or funds to conduct activities on its behalf.

(b) The taking of marine mammals by TPWD may be authorized in a letter of authorization (LOA) only if the taking occurs within the following Texas bays: Matagorda, Tres Palacios, Lavaca Bay (Includes Lavaca and Tres Palacios with the eastern limit is roughly Caney Creek), Copano Bay, San Antonio, Aransas, Redfish, Espiritu Santo (bounded by the Matagorda Island barrier and the Espiritu Santo Bay flats), Corpus Christi and Nueces Bay (Northern limit at Mesquite Bay; southern limit at the Upper Laguna Madre flats), upper Laguna Madre and lower Laguna Madre (From the John F. Kennedy Memorial Causeway (27.648 N, 97.276 W) south to the Rio Grande), West Bay (From the I-45 Causeway southwest to Drum Bay/San Luis Pass area), Galveston, East, Trinity Bay (Southwest boundary is the I-45 Galveston Causeway Bridge (29.288 N, 94.888 W) Includes Bolivar Roads), and Sabine Lake (From the Sabine Pass jetties east to the Louisiana border). See Figure 2.