CHAPTER 47. COMMERCIAL FISHING LICENSES
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE A. HUNTING AND FISHING LICENSES
CHAPTER 47. COMMERCIAL FISHING LICENSES
SUBCHAPTER A. LICENSES
Sec. 47.001. DEFINITIONS. In this chapter:
(1) "Commercial fisherman" means a person who for pay or for the
purpose of sale, barter, or exchange or any other commercial
purpose:
(A) catches aquatic products from the water of this state except
finfish from the tidal waters of this state; or
(B) unloads in this state aquatic products that:
(i) were taken from water outside this state; and
(ii) have not been previously unloaded in another state or a
foreign country.
(2) "Commercial finfish fisherman" means a person who catches
finfish from the tidal waters of this state for pay or for the
purpose of sale, barter, exchange, or any other commercial
purpose. The term does not include a person who:
(A) holds an individual bait dealer's license issued under this
chapter;
(B) is in a vessel licensed under this chapter as a menhaden
boat and who takes menhaden; or
(C) takes minnows for bait only.
(3) "Wholesale fish dealer" means a person who operates a place
of business for selling, offering for sale, canning, preserving,
processing, or handling for shipments or sale aquatic products to
retail fish dealers, hotels, restaurants, cafes, consumers, or
other wholesale fish dealers. The term does not include the
holder of a bait-shrimp dealer's license.
(4) "Retail fish dealer" means a person who operates a place of
business for selling or offering for sale to a consumer aquatic
products, other than aquatic products that are sold by
restaurants for and ready for immediate consumption in individual
portion servings and that are subject to the limited sales or use
tax. For purposes of this subsection, "consumer" does not include
a wholesale fish dealer or a hotel, restaurant, cafe, or other
retail fish dealer.
(5) "Bait dealer" means a person who catches and sells minnows,
fish, shrimp, or other aquatic products for bait or a place of
business where minnows, fish, shrimp, or other aquatic products
are sold, offered for sale, handled, or transported for sale for
bait.
(6) "Fishing guide" means a person who, for compensation,
accompanies, assists, or transports a person or persons engaged
in fishing in the water of this state.
(7) "Tidal water" means all the salt water of this state,
including that portion of the state's territorial water in the
Gulf of Mexico within three marine leagues from shore.
(8) "Nontidal water" means all the water of this state excluding
tidal water.
(9) "Place of business" means a permanent structure on land or a
motor vehicle required to be registered under Section 502.002,
Transportation Code, where aquatic products or orders for aquatic
products are received or where aquatic products are sold or
purchased but does not include a boat or any type of floating
device, a public cold storage vault, the portion of a structure
that is used as a residence, or a vehicle from which no orders
are taken or no shipments or deliveries are made other than to
the place of business of a licensee in this state.
(10) "Menhaden fish plant" means a fixed installation on land
designed, equipped, and used to process fish and the by-products
of fish by the application of pressure, heat, or chemicals or a
combination of pressure, heat, and chemicals to raw fish to
convert the raw fish into fish oil, fish solubles, fish scraps,
or other products.
(11) "Red drum" means the species Sciaenops ocellata, commonly
called "redfish."
(12) "Resident" means an individual who has resided continuously
in this state for more than six months immediately before
applying for a license required by this chapter from the
department.
(13) "Nonresident" means an individual who is not a resident.
(14) "Finfish" means those living natural resources having
either cartilaginous or bony skeletons (Chondrichthyes and
Osteichthyes).
(15) "Permanent structure" means a building designed, planned,
and constructed so as to remain at one location.
(16) "Aquatic product" means any live or dead, uncooked, fresh
or frozen aquatic animal life.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 214, ch. 105, Sec. 2,
eff. Sept. 1, 1977; Acts 1977, 65th Leg., p. 720, ch. 270, Sec.
1, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 550, ch. 260,
art. 4, Sec. 1, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p.
1398, ch. 623, Sec. 5, 6, eff. Aug. 27, 1979; Acts 1981, 67th
Leg., p. 924, ch. 339, Sec. 1, eff. June 10, 1981; Acts 1987,
70th Leg., ch. 29, Sec. 1, 2, eff. April 22, 1987; Acts 1989,
71st Leg., ch. 255, Sec. 14, eff. July 31, 1989; Acts 1991, 72nd
Leg., ch. 301, Sec. 3, eff. Sept. 1, 1991; Acts 1991, 72nd Leg.,
ch. 723, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch.
365, Sec. 5, 6, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch.
862, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165,
Sec. 30.233, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256,
Sec. 54, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 455, Sec.
1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 859, Sec. 1,
eff. Sept. 1, 2003.
Sec. 47.002. GENERAL COMMERCIAL FISHERMAN'S LICENSE. (a) No
person may engage in business as a commercial fisherman unless he
has obtained a general commercial fisherman's license.
(b) The license fee for a general commercial fisherman's license
is $15 or an amount set by the commission, whichever amount is
more.
(c) The license fee for a nonresident general commercial
fisherman's license is $100 or an amount set by the commission,
whichever amount is more. A nonresident who is residing in a
state that denies the privilege of commercial fishing in that
state to a Texas resident because of residency status is not
eligible for a nonresident general commercial fisherman's
license.
(d) A person who is in a vessel licensed under this chapter as a
menhaden boat and who takes menhaden is not required to obtain or
possess a general commercial fisherman's license.
(e) A person who catches or assists in catching shrimp on a
vessel licensed as a commercial shrimp boat under Chapter 77 is
not required to obtain or possess a general commercial
fisherman's license. The exemption provided by this section
applies even though aquatic life other than shrimp are caught if
that catching is incidental to lawful shrimping.
(f) A person who takes or assists in taking oysters on a vessel
licensed as a commercial oyster boat under Chapter 76 is not
required to obtain or possess a general commercial fisherman's
license.
(g) A person who is licensed as a bait dealer under this chapter
is not required to obtain or possess a general commercial
fisherman's license if the person is catching bait only.
(h) A person who engages in or assists in commercial crab
fishing under Subchapter B, Chapter 78, and who holds a license
for that activity is not required to obtain or possess a general
commercial fisherman's license or a commercial fishing boat
license.
(i) A person who engages in commercial finfish fishing under
Subchapter D and who holds a commercial finfish fisherman's
license issued under Subchapter D in their immediate possession
is not required to obtain or possess a general commercial
fisherman's license.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 1398, ch. 623, Sec. 7,
eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2542, ch. 676, art.
1, Sec. 1, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1332, ch.
277, Sec. 24, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267,
art. 2, Sec. 36, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch.
862, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1256,
Sec. 128, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 455, Sec.
2, eff. Sept. 1, 1999.
Sec. 47.004. RESIDENT FISHING GUIDE LICENSE. (a) No resident
may engage in business as a fishing guide unless the resident has
obtained a resident fishing guide license.
(b) The commission may adopt rules governing the issuance and
use of a resident fishing guide license, including rules creating
separate resident fishing guide licenses for use in saltwater and
freshwater.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1333, ch. 277, Sec. 26,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
38, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 365, Sec. 7,
eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 56, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 859, Sec. 2, eff. Sept.
1, 2003.
Sec. 47.005. NONRESIDENT FISHING GUIDE LICENSE. (a) No
nonresident may engage in business as a fishing guide unless the
nonresident has obtained a nonresident fishing guide license.
(b) The commission may adopt rules governing the issuance and
use of a nonresident fishing guide license, including rules
creating separate nonresident fishing guide licenses for use in
saltwater and freshwater.
Added by Acts 2003, 78th Leg., ch. 859, Sec. 3, eff. Sept. 1,
2003.
Sec. 47.006. LICENSE FEE. The license fee for resident,
nonresident, freshwater, and saltwater guides is $75 or an amount
for each guide type set separately by the commission, whichever
amount is more.
Added by Acts 2003, 78th Leg., ch. 859, Sec. 4, eff. Sept. 1,
2003.
Sec. 47.007. COMMERCIAL FISHING BOAT LICENSE. (a) No person
may use a vessel required to be numbered or registered under the
laws of this state or the United States for the purpose of
catching or assisting in catching aquatic products except shrimp,
oysters, or menhaden, from the waters of this state, or have on
board a vessel, or unload, or allow to be unloaded at a port or
point in this state, edible aquatic products caught or taken from
salt water outside the state without having been previously
unloaded in some other state or foreign country, for pay or for
the purpose of sale, barter, exchange, or any other commercial
purpose unless the vessel is licensed as a commercial fishing
boat and has a commercial fishing boat number affixed to it.
(b) Except as provided by Subsection (e) of this section, the
fee for a commercial fishing boat license and number is $10.50 or
an amount set by the commission, whichever amount is more.
(c) The commission shall provide by rule for the issuance and
use of commercial fishing boat numbers. Each boat required to be
licensed by this section shall have the number affixed to the bow
of the boat or to such other location on the boat as will be
readily accessible for unimpaired visual inspection of the number
by a person on another boat. In such instances where the number
will not properly affix to a wooden boat, the commission shall
provide for an alternate means of identification of such boat.
Unless provided otherwise herein or by the rules of the
commission, a license issued under this section is not valid
unless the number is affixed to the boat as required by this
section and the rules of the commission.
(d) An applicant for a commercial fishing boat license, which is
not a renewal of the previous year's license, must submit to the
department the vessel's United States Coast Guard Certificate of
Documentation or Texas' or other state's Certificate of Number
for a vessel or motorboat. The license issued by the department
must contain:
(1) the name of the boat if the boat is registered with the
United States Coast Guard; and
(2) the number appearing on the United States Coast Guard
Certificate of Documentation or Texas' or other state's
Certificate of Number.
(e) The fee for a commercial fishing boat license for a boat
that is not numbered under Chapter 31 of this code or does not
have a certificate of documentation issued by the United States
Coast Guard that lists an address in Texas for the boat owner or
other criteria established by the commission is $60 or an amount
set by the commission, whichever amount is more.
(f) A person who engages in commercial finfish fishing under
Subchapter D and who holds a commercial finfish fisherman's
license issued under Subchapter D in their immediate possession
is not required to obtain or possess a commercial fishing boat
license.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 377, ch. 153, Sec. 10,
eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1333, ch. 277, Sec.
27, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4055, ch. 634,
Sec. 5, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art.
2, Sec. 40, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 621,
Sec. 2, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 255, Sec.
15, eff. July 31, 1989; Acts 1991, 72nd Leg., ch. 723, Sec. 2,
eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 365, Sec. 8, 9,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 450, Sec. 24, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 60, eff. June
16, 1995; Acts 1999, 76th Leg., ch. 455, Sec. 3, eff. Sept. 1,
1999.
Sec. 47.008. MENHADEN BOAT LICENSES. (a) A boat may not be
used for the purpose of catching, storing, and transporting
menhaden in tidal water unless the owner of the boat has acquired
a Class A menhaden boat license.
(b) A boat may not be used for the purpose of assisting in
catching menhaden in tidal water unless the owner of the boat has
acquired a Class B menhaden boat license.
(c) The license fee for each Class A menhaden boat is $2,000 or
an amount set by the commission, whichever amount is more, for
each yearly period.
(d) The commission shall set the license fee for each Class B
menhaden boat for each yearly period in an amount not to exceed
$50.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2542, ch. 676, art. 1,
Sec. 3, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 267, art.
2, Sec. 41, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 365,
Sec. 10, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 27, Sec.
1, eff. Sept. 1, 1997.
Sec. 47.009. WHOLESALE FISH DEALER'S LICENSE. (a) Except as
provided by Subsection (c) of this section, no person may engage
in business as a wholesale fish dealer unless he has obtained a
wholesale fish dealer's license.
(b) The license fee for a wholesale fish dealer's license is
$400 for each place of business or an amount set by the
commission, whichever amount is more.
(c) A person who has an aquaculture license for a Texas
aquaculture facility under Section 134.011, Agriculture Code, is
not required to obtain or possess a wholesale fish dealer's
license if the person's business activities with regard to the
sale of aquatic products involve aquatic products raised on the
person's aquaculture facility only.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, Sec. 28,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
42, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 491, Sec. 6,
eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 57, eff.
Sept. 1, 1997.
Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE FISH
DEALERS. No wholesale fish dealer may purchase for resale or
receive for sale, barter, exchange, or any other commercial
purpose any aquatic product from any person or entity in this
state unless he purchases the product from the holder of:
(1) a general commercial fisherman's license;
(2) a commercial oyster fisherman's license;
(3) a commercial oyster boat license;
(4) a wholesale fish dealer's license;
(5) a fish farmer's license;
(6) a commercial shrimp boat license;
(7) a commercial oyster boat captain's license;
(8) a commercial shrimp boat captain's license;
(9) a commercial crab fisherman's license; or
(10) a commercial finfish fisherman's license.
Added by Acts 1981, 67th Leg., p. 2384, ch. 595, Sec. 1, eff.
Aug. 31, 1981. Amended by Acts 1985, 69th Leg., ch. 827, Sec. 1,
eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 255, Sec. 16, eff.
July 31, 1989; Acts 1991, 72nd Leg., ch. 586, Sec. 3, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., ch. 723, Sec. 3, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 365, Sec. 11, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 862, Sec. 3, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 455, Sec. 4, eff. Sept. 1, 1999.
Sec. 47.010. WHOLESALE TRUCK DEALER'S FISH LICENSE. (a) The
license fee for a wholesale truck dealer's fish license is $250
for each truck or an amount set by the commission, whichever
amount is more.
(b) A resident who holds a fish farm vehicle license under
Section 134.012, Agriculture Code, is not required to obtain a
license for the vehicle under this section if the vehicle is used
with regard to the sale or transportation of only aquatic
products raised on a licensed Texas aquaculture facility
belonging to the owner of the vehicle.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, Sec. 29,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
43, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 58,
eff. Sept. 1, 1997.
Sec. 47.011. RETAIL FISH DEALER'S LICENSE. (a) Except as
provided by Subsection (c) of this section, no person may engage
in business as a retail fish dealer unless he has obtained a
retail fish dealer's license.
(b) The license fee for a retail fish dealer's license is $30
for each place of business or an amount set by the commission,
whichever amount is more.
(c) A person with an aquaculture license for a Texas aquaculture
facility under Section 134.011, Agriculture Code, is not required
to obtain or possess a retail fish dealer's license if the
person's business activities with regard to the sale of aquatic
products involve aquatic products raised on the person's
aquaculture facility only.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, Sec. 30,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
44, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 491, Sec. 7,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 586, Sec. 4, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 59, eff.
Sept. 1, 1997.
Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
DEALERS. No retail fish dealer may purchase for resale or
receive for sale, barter, exchange, or any other commercial
purposes any aquatic products from any person or entity in this
state unless he purchases the product from the holder of:
(1) a wholesale fish dealer's license;
(2) a general commercial fisherman's license, a commercial
shrimp boat license, a commercial shrimp boat captain's license,
a commercial crab fisherman's license, or a commercial finfish
fisherman's license when the retail fish dealer has given written
notification to the director or his designee of the dealer's
intent to purchase aquatic products from the holder of a general
commercial fisherman's license, a commercial shrimp boat license,
a commercial shrimp boat captain's license, a commercial crab
fisherman's license, or a commercial finfish fisherman's license;
or
(3) a fish farmer's license.
Added by Acts 1981, 67th Leg., p. 2384, ch. 595, Sec. 1, eff.
Aug. 31, 1981. Amended by Acts 1985, 69th Leg., ch. 827, Sec. 2,
eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 491, Sec. 8, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 586, Sec. 3, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., ch. 723, Sec. 4, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 365, Sec. 12, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 457, Sec. 3, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 862, Sec. 4, eff. Sept. 1, 1995; Acts 1999,
76th Leg., ch. 455, Sec. 5, eff. Sept. 1, 1999.
Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT OWNER,
OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
employee may purchase for consumption by the restaurant's patrons
on the restaurant's premises any aquatic product from any person
or entity in this state unless the person purchases the aquatic
product from the holder of:
(1) a wholesale fish dealer's license;
(2) a general commercial fisherman's license;
(3) a fish farmer's license;
(4) a commercial shrimp boat license;
(5) a commercial shrimp boat captain's license;
(6) a commercial crab fisherman's license; or
(7) a commercial finfish fisherman's license.
Added by Acts 1985, 69th Leg., ch. 827, Sec. 3, eff. Aug. 26,
1985. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 9, eff.
Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 586, Sec. 3, eff. Sept.
1, 1991; Acts 1991, 72nd Leg., ch. 723, Sec. 5, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 365, Sec. 13, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 862, Sec. 5, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 455, Sec. 6, eff. Sept. 1, 1999.
Sec. 47.013. RETAIL DEALER'S TRUCK LICENSE. (a) Except as
provided by Subsection (c) of this section, a person may engage
in the business of selling edible aquatic products from a motor
vehicle to consumers only if he obtains a retail dealer's truck
license.
(b) The license fee for a retail dealer's truck license is $50
for each truck or an amount set by the commission, whichever
amount is more.
(c) A resident who owns a vehicle licensed under Section
134.012, Agriculture Code, is not required to obtain a license
for the vehicle under this section when the vehicle is used with
regard to the sale or transportation of only aquatic products
raised on a licensed Texas aquaculture facility belonging to the
owner of the vehicle.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, Sec. 31,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
45, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 491, Sec. 10,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 586, Sec. 5, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 60, eff.
Sept. 1, 1997.
Sec. 47.014. BAIT DEALER'S LICENSE. (a) No person may engage
in business as a bait dealer unless the person has obtained the
appropriate bait dealer's license.
(b) The license fee for a bait dealer's license is $20 for each
place of business or an amount set by the commission, whichever
amount is more.
(c) A person who has an aquaculture license for a Texas
aquaculture facility under Section 134.011, Agriculture Code, is
not required to obtain or possess a bait dealer's license if the
person's business activities with regard to the sale of aquatic
products for bait involve only aquatic products raised on the
person's aquaculture facility.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 214, ch. 105, Sec. 3,
eff. Sept. 1, 1977; Acts 1983, 68th Leg., p. 1335, ch. 277, Sec.
32, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2,
Sec. 46, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec.
61, eff. Sept. 1, 1997.
Sec. 47.016. MENHADEN FISH PLANT LICENSE. (a) No person may
operate a menhaden fish plant unless he has obtained a menhaden
fish plant license.
(b) Applications for a menhaden fish plant license must be
submitted on forms prescribed by the department and accompanied
by a filing fee. The filing fee is $100 or an amount set by the
commission, whichever amount is more. The filing fee shall be
accompanied by a certified copy of an order of the commissioners
court of the county in which the plant will be located
containing:
(1) a description of the plant and its location; and
(2) approval of the court for the construction and operation of
the plant.
(c) Decisions of the commissioners court in approving or
disapproving the construction of a plant are final and may not be
reviewed or appealed.
(d) A menhaden fish plant license shall be issued after a
hearing and a finding by the department that the construction and
operation of the plant is in the public interest. Regardless of
the decision of the department, the filing fee is not refundable.
(e) Notice of the hearing must be given at least 20 days prior
to the date set for the hearing to the county judge of the county
in which the plant is to be constructed and to all known
interested parties.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1335, ch. 277, Sec. 34,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
48, eff. Sept. 1, 1985.
Sec. 47.017. RENEWAL OF FISH PLANT LICENSE. The department
shall renew a menhaden fish plant license on the application of
the licensee and on the payment of a renewal fee of $50 or an
amount set by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 49,
eff. Sept. 1, 1985.
Sec. 47.018. INTERSTATE TRANSPORTATION. (a) No person may
bring into this state and deliver aquatic products for commercial
purposes unless the person has obtained a wholesale fish dealer's
license, a retail fish dealer's license, or a bait dealer's
license, as applicable, issued under this subchapter.
(b) Aquatic products lawfully taken from the waters of another
state may be sold within this state by licensed dealers without
regard to size limitations imposed on such products taken within
this state. A record of the source and disposition of such
undersize or oversize products shall be maintained by the dealer
for as long as the undersize or oversize products are retained
and for at least 30 days thereafter.
(c) No person may transport aquatic products out of this state
for commercial purposes unless the transporter first obtains a
wholesale fish dealer's license or a retail fish dealer's
license.
(d) A person who delivers aquatic products for a licensed
wholesale fish dealer or retail fish dealer must possess a copy
of the dealer's license while making deliveries.
(e) Repealed by Acts 1995, 74th Leg., ch. 862, Sec. 9, eff.
Sept. 1, 1995.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 1399, ch. 623, Sec. 10,
eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 621, Sec. 3, eff.
Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 723, Sec. 6, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 862, Sec. 9, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1256, Sec. 62, eff. Sept. 1,
1997.
Sec. 47.0181. AQUATIC PRODUCT TRANSPORTATION INVOICES. (a) No
person, except a commercial fisherman licensed to take aquatic
products from Texas waters transporting the fisherman's own catch
within this state, may transport aquatic products for commercial
purposes, regardless of origin or destination, without an invoice
containing the following information correctly stated and legibly
written:
(1) the invoice number;
(2) the date of shipment;
(3) the name and physical address of shipper;
(4) the name and physical address of receiver;
(5) the license number of shipper; and
(6) the quantity of aquatic products contained in the shipment;
finfish by species and by number or weight, oysters by volume,
and all other aquatic products by weight.
(b) Aquatic product transportation invoices must be prepared by
the shipper and copies retained on file by both shipper and
receiver for at least one year from the date of shipment. The
shipper shall sequentially number the invoices during each
license period. No invoice number may be used twice during any
one license period by an individual licensee.
Added by Acts 1991, 72nd Leg., ch. 723, Sec. 7, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 63, eff.
Sept. 1, 1997.
Sec. 47.0182. AQUATIC PRODUCT SHIPPING REQUIREMENTS. (a) Each
container of aquatic products shipped for commercial purposes
must have a label attached to the outside listing the following
information correctly stated and legibly written:
(1) the aquatic product transportation invoice number of the
shipment of which the container is a part; and
(2) the kind and weight of aquatic product.
(b) No person may ship finfish in individual packages that
contain more than one species of aquatic life.
(c) A person possessing a shipment of aquatic products in
violation of Subsection (a) or (b) of this section commits an
offense.
Added by Acts 1991, 72nd Leg., ch. 723, Sec. 7, eff. Sept. 1,
1991.
Sec. 47.0183. TRANSPORTATION OF AQUATIC PRODUCTS; DISPLAY OF
DOCUMENTS. (a) A person transporting aquatic products for
commercial purposes commits an offense if:
(1) the person does not possess the license or a copy of the
license authorizing the commercial transportation;
(2) the person does not keep with the aquatic product any
document, including a tag, invoice, or bill of lading, that is
required by this code or a regulation of the commission for
transporting aquatic products; or
(3) the person does not, on the request of a game warden,
present to the game warden without delay a license, copy of a
license, or document required by this code or a regulation of the
commission for transporting aquatic products.
(b) A culpable mental state is not required to establish an
offense under this section.
Added by Acts 1991, 72nd Leg., ch. 723, Sec. 7, eff. Sept. 1,
1991.
Sec. 47.019. EXCLUSIVE ECONOMIC ZONE. (a) Any vessel operating
in the exclusive economic zone that lands fish, shrimp, crabs, or
other aquatic organisms in this state is required to be licensed
and registered as provided by Chapters 47 and 77 of this code.
(b) The commission may adopt regulations for vessels in the
exclusive economic zone that land fish, shrimp, crabs, or other
aquatic organisms in this state.
Added by Acts 1987, 70th Leg., ch. 217, Sec. 1, eff. Sept. 1,
1987.
For expiration of this section, see Subsection (b).
Sec. 47.021. LICENSE FEES. (a) Fees for licenses issued under
Sections 47.009, 47.011, and 47.013 may not be increased by more
than 20 percent of the amount of the fee set by the commission
and effective on September 1, 2002.
(b) This section expires September 1, 2013.
Added by Acts 2003, 78th Leg., ch. 265, Sec. 9, eff. June 18,
2003; Acts 2003, 78th Leg., ch. 677, Sec. 7, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
360, Sec. 1, eff. August 29, 2005.
Acts 2005, 79th Leg., Ch.
1303, Sec. 1, eff. August 29, 2005.
Acts 2007, 80th Leg., R.S., Ch.
756, Sec. 1, eff. August 29, 2007.
Acts 2007, 80th Leg., R.S., Ch.
999, Sec. 1, eff. August 29, 2007.
Acts 2009, 81st Leg., R.S., Ch.
281, Sec. 1, eff. May 30, 2009.
SUBCHAPTER B. PROVISIONS GENERALLY APPLICABLE TO COMMERCIAL
FISHING LICENSES
Sec. 47.031. EXPIRATION OF LICENSES. (a) All licenses and
permits issued under the authority of Chapter 47 of this code are
valid only during the yearly period for which they are issued
without regard to the date on which the licenses are acquired.
Each yearly period begins on September 1 or another date set by
the commission and extends through August 31 of the next year or
another date set by the commission. The commission by rule may
set the amount of a license fee for a license issued during a
transition period at an amount lower than prescribed in this
chapter and provide for a license term for a transition period
that is shorter or longer than a year.
(b) All licenses and permits issued under the authority of
Chapter 47 may not be transferred to another person except that a
license issued in the name of a business shall remain valid for
the business location specified on the license or permit if a
change of ownership and/or business name occurs. A license issued
under the authority of Section 47.009, 47.011, 47.014, or 47.016
may be transferred to a new address if the business moves to
another location. A license issued under the authority of Section
47.007, 47.010, or 47.013 may be transferred to another vehicle
or vessel or to a new owner of the same vehicle or vessel. The
commission, by regulation, may prescribe requirements necessary
to clarify license and permit transfer procedures and may
prescribe, by regulation, forms to be used and fees to be charged
for transfer of licenses and permits in this chapter and for
duplicate license plates and duplicate or replacement licenses
and permits.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 14, eff. May
31, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 61, eff. June 16,
1995; Acts 1997, 75th Leg., ch. 1256, Sec. 64, eff. Sept. 1,
1997.
Sec. 47.032. REFUSAL OF LICENSE. No person owing the state any
amount for a license or fee under a final judgment of a court may
receive a license under this chapter until the indebtedness is
satisfied by payment to the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1991, 72nd Leg., ch. 723, Sec. 8, eff.
Sept. 1, 1991.
Sec. 47.033. DISPLAY OF LICENSE. All licenses, except a tidal
water commercial fisherman's license, commercial fishing boat
license, menhaden boat license, and menhaden fish plant license,
must be publicly displayed at all times in the place of business
of the licensee. Licenses required for vehicles transporting
aquatic products for sale must be displayed in the vehicle.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 47.034. AQUATIC PRODUCT SIZE. (a) No person engaged in
business as a commercial fisherman or wholesale or retail fish
dealer may possess in his place of business or on a boat or
vehicle for commercial purposes aquatic products of greater or
lesser length than set out in the applicable proclamations of the
commission adopted under Chapter 61 or 66 of this code unless
otherwise provided by this code or Chapter 134 of the Agriculture
Code.
(b) This section does not prohibit a wholesale or retail fish
dealer from processing and selling lawful aquatic products by
cutting, filleting, wrapping, freezing, or otherwise preparing
the aquatic products for market.
(c) The taking of aquatic products of greater or lesser length
than set out in the applicable proclamations of the commission
under Chapter 61 or 66 of this code on board a licensed
commercial shrimp boat engaged in the taking of shrimp is not a
violation of this section if the aquatic products of unlawful
size are returned to the water from which they were taken in a
manner to insure their best chance for survival.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1214, ch. 456, Sec.
13(l), eff. Sept. 1, 1975; Acts 1981, 67th Leg., p. 377, ch. 153,
Sec. 7, eff. Sept. 1, 1981; Acts 1991, 72nd Leg., ch. 723, Sec.
9, eff. Sept. 1, 1991.
Sec. 47.035. PRIMA FACIE EVIDENCE. Proof of possession of any
undersized or oversized fish in the place of business of any
wholesale or retail fish dealer or on board any boat engaged in
commercial fishing or in any commercial vehicle is prima facie
evidence of possession for the purpose of sale.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 47.037. INSPECTION. (a) No person who possesses or
handles aquatic products for commercial purposes may refuse to
allow an authorized employee of the department to inspect the
aquatic products at the dealer's or handler's place of business
during normal business hours.
(b) No commercial fisherman may refuse to allow an authorized
employee of the department to inspect aquatic products handled by
or in the possession of the commercial fisherman while the
commercial fisherman is pursuing his trade or at a reasonable
hour.
(c) This section does not authorize the search of a residence
without a search warrant.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 29, Sec. 3, eff. April
22, 1987.
Sec. 47.038. SEINES OR NETS FOR MENHADEN. (a) Nets or purse
seines used for catching menhaden may not be:
(1) less than one and one-half inch stretched mesh, excluding
the bag;
(2) used in any bay, river, pass, or tributary, nor within one
mile of any barrier, jetty, island, or pass, nor within one-half
mile offshore in the Gulf of Mexico; or
(3) used for the purpose of taking edible aquatic products for
the purpose of barter, sale, or exchange.
(b) No person lawfully catching menhaden in the tidal water of
this state may sell, barter, or exchange any edible aquatic
products caught in a menhaden seine or net. Possession of edible
aquatic fish in excess of five percent by volume of menhaden fish
in possession is a prima facie violation of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 47.039. SEASONS. (a) The commission may adopt rules
setting open and closed seasons for the noncommercial taking of
redfish and speckled sea trout.
(b) No person may catch and retain a redfish or speckled sea
trout during a closed season set by the commission under
Subsection (a) of this section.
(c) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,
eff. Sept. 1, 1985.
Added by Acts 1981, 67th Leg., p. 377, ch. 153, Sec. 8, eff.
Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,
Sec. 110, eff. Sept. 1, 1985.
Sec. 47.040. REFUSAL TO SHOW LICENSE. A person who is engaging
in any act for which a license or permit is required by this
chapter and who fails or refuses upon request to show the
required license or permit to a game warden, other peace officer,
or officer of the court commits an offense.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 33, eff.
Sept. 1, 1985.
SUBCHAPTER C. PENALTIES, DISPLAY OF LICENSE, AND TRANSFER OF
FUNDS
Sec. 47.051. PENALTY. Except as provided by Section 47.052 of
this code, a person who violates a provision of this chapter
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 33,
eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 827, Sec. 4, eff.
Aug. 26, 1985; Acts 1989, 71st Leg., ch. 544, Sec. 1, eff. June
14, 1989.
Sec. 47.052. PENALTY. (a) A person who fails to comply with or
who violates a provision of Section 47.003(a) of this code
commits an offense that is a Class B Parks and Wildlife Code
misdemeanor.
(b) The department may seize boats, nets, seines, trawls, or
other tackle in the possession of a person violating the sections
listed in Subsection (a) of this section and hold them until
after the trial of the person.
(c) Violations of the above sections may also be enjoined by the
attorney general by suit filed in a district court in Travis
County.
(d) If it is shown at the trial of the defendant for a violation
of Section 47.008, 47.016, or 47.038 of this code that he has
been convicted within five years before the trial date of a
violation of the section for which he is being prosecuted, on
conviction he shall be punished for a Class B Parks and Wildlife
Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 550, ch. 260, art. 4,
Sec. 2, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1399, ch.
623, Sec. 11, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 970,
ch. 229, Sec. 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch.
267, art. 3, Sec. 34, eff. Sept. 1, 1985; Acts 1985, 69th Leg.,
ch. 827, Sec. 5, eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch.
723, Sec. 10, eff. Sept. 1, 1991.
Sec. 47.055. DISPOSITION OF FUNDS. Money received for licenses
issued under this chapter or fines paid for violations of this
chapter, less allowable deductions, shall be sent to the
department by the 10th day of the month following receipt.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER D. FINFISH LICENSE MANAGEMENT
Sec. 47.071. FINFISH LICENSE MANAGEMENT PROGRAM. To promote
efficiency and economic stability in the commercial finfish
industry and to conserve economically important finfish
resources, the department shall implement a finfish license
management program in accordance with proclamations adopted by
the commission under Chapter 61 and this subchapter.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.072. DEFINITION. In this subchapter, "license" means a
commercial license issued in accordance with a proclamation under
this subchapter that authorizes a person to engage in business as
a commercial finfish fisherman.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.073. FINFISH LICENSE MANAGEMENT REVIEW BOARD. (a) The
license holders under this subchapter shall elect a finfish
license management review board of nine members.
(b) A majority of the members of the review board may not be
residents of the same county.
(c) The review board shall advise the commission and department
and make recommendations concerning the administrative aspects of
the finfish licensing program, including hardship appeal cases
concerning eligibility, license transfer, license renewal,
license suspension, and license revocation.
(d) The executive director shall adopt procedures for the
operation of the review board and the election and terms of board
members. The executive director shall solicit and consider
recommendations regarding these procedures from persons who
purchased commercial finfish fisherman's licenses after September
1, 1997, and through April 20, 1999.
(e) A member of the review board must:
(1) qualify to obtain a commercial finfish fisherman's license
under this subchapter; or
(2) be a person who has knowledge of the commercial finfish
industry.
(f) The review board is not subject to Chapter 2110, Government
Code.
(g) A member of the review board serves without compensation or
a per diem allowance.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.074. LICENSING. (a) No person may engage in business
as a commercial finfish fisherman unless the person has obtained
a commercial finfish fisherman's license.
(b) No person may engage in commercial finfish fishing unless:
(1) the person has in their immediate possession:
(A) a commercial finfish fisherman's license issued to the
person; or
(B) a general commercial fisherman's license issued to the
person, a commercial finfish fisherman's license issued to
another person, and a copy of an affidavit that:
(i) authorizes the person to use commercial finfish fishing
devices owned by the person to whom the commercial finfish
fisherman's license was issued; and
(ii) contains the date, the original signature of the person to
whom the commercial finfish fisherman's license was issued, and
the commercial finfish fisherman's license number that matches
the commercial finfish fisherman's license plate number on the
boat, if the department requires a license plate; or
(2) the person has in their immediate possession a commercial
finfish fisherman's license or a general commercial fisherman's
license, and another person has in their immediate possession the
documentation described by Subdivision (1).
(c) Beginning September 1, 2000, the department shall issue a
commercial finfish fisherman's license only to a person who
documents in a manner acceptable to the department that the
person held a commercial finfish fisherman's license during the
period after September 1, 1997, through April 20, 1999.
(d) A proclamation issued under this section shall establish a
commercial finfish fisherman's license in accordance with the
provisions of this subchapter.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.075. LICENSE FEE. The fee for a commercial finfish
fisherman's license issued under this subchapter is $300 or an
amount set by the commission, whichever amount is more. All fees
generated by the issuance of a license under this subchapter are
to be sent to the comptroller for deposit to the credit of the
game, fish, and water safety account subject to Section
47.081(d).
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.076. LICENSE RENEWAL. A person seeking to renew a
license established by this subchapter must have held the license
during the preceding license year.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.077. LIMIT ON NUMBER OF LICENSES HELD. (a) A person
may not hold or directly or indirectly control more than three
licenses issued under this subchapter.
(b) A license issued to a person other than an individual must
designate an individual in whose name the license is issued.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.078. EXPIRATION OF LICENSE. A license required by this
subchapter is valid only during the period for which it is issued
without regard to the date on which the license is acquired. Each
period is one year beginning on September 1 or another date set
by the commission.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.079. LICENSE TRANSFER. (a) The commission by rule may
set a fee for the transfer of a license. The amount of the
transfer fee may not exceed the amount of the license fee.
(b) The commission shall send all license transfer fees to the
comptroller for deposit to the credit of the game, fish, and
water safety account subject to Section 47.081(d).
(c) The commission by proclamation shall allow a license to be
transferred at any time.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.080. LICENSE SUSPENSION AND REVOCATION. (a) The
executive director, after notice to a license holder and the
opportunity for a hearing, may suspend a commercial finfish
fisherman's license if:
(1) the license holder or any other authorized operator of the
licensed vessel is convicted of one or more flagrant offenses
totaling three flagrant offenses involving the licensed vessel;
or
(2) the license holder is convicted of theft of fishing gear or
product associated with this subchapter.
(b) A suspension under this section may be for:
(1) six months, if:
(A) each of the three flagrant offenses occurred within a
24-consecutive-month period beginning not earlier than September
1, 2000; and
(B) the license holder has not previously had a license
suspended under this section;
(2) 12 months, if each of the three flagrant offenses occurred
within a 24-consecutive-month period and the license holder has
previously had a license suspended under this section; or
(3) six months, if the license holder is convicted of theft of
fishing gear or product associated with this subchapter.
(c) The executive director, after notice and the opportunity for
a hearing, may permanently revoke a license issued under this
subchapter if:
(1) the license holder has previously had a license suspended
twice under this section, and the license holder or any other
authorized operator of the licensed vessel is convicted of three
flagrant offenses involving the licensed vessel in a
24-consecutive-month period; or
(2) the license holder is convicted of theft of fishing gear or
product associated with this subchapter, and the license holder
has had a license suspended previously under this section.
(d) The same flagrant offense may not be counted for more than
one suspension under this section.
(e) For purposes of this section, a flagrant offense includes:
(1) theft of trotlines or finfish, or any other fishing gear or
product associated with this subchapter;
(2) exceeding daily bag and possession limits in violation of
this code or of a proclamation of the commission issued under
this code;
(3) exceeding trotline length limits by a length greater than 10
percent in violation of this code or of a proclamation of the
commission issued under this code;
(4) selling crabs in violation of this code;
(5) exceeding the number of trotlines the holder of a commercial
finfish fisherman's license may use in violation of this code or
of a proclamation of the commission issued under this code; or
(6) taking, attempting to take, or possessing fish caught in
public waters of this state by any device, means, or method other
than as authorized under this code or by a proclamation of the
commission issued under this code.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.081. LICENSE BUYBACK. (a) The department may implement
a license buyback program for licenses issued under this
subchapter as part of the finfish license management program
established by this subchapter.
(b) The commission by rule may establish criteria, using
reasonable classifications, by which the department selects
licenses to be purchased. The commission may delegate to the
executive director, for purposes of this section only, the
authority to develop the criteria through rulemaking procedures,
but the commission by order must finally adopt the rules
establishing the criteria. The commission or executive director
must consult with the finfish license management review board
concerning establishment of the criteria.
(c) The commission must retire each license purchased under the
license buyback program until the commission finds that
management of the finfish fishery allows reissue of those
licenses through auction or lottery.
(d) The department shall set aside at least 20 percent of the
fees from licenses issued and license transfers approved under
this subchapter to be used only for the purpose of buying back
those licenses from a willing license holder. That money shall be
sent to the comptroller for deposit to the credit of the game,
fish, and water safety account.
(e) The department may solicit and accept grants and donations
of money or materials from private or public sources for the
purpose of buying back licenses issued under this subchapter from
a willing license holder.
(f) Money to be used for the purpose of buying back licenses
issued under this subchapter is not subject to Section 403.095,
Government Code.
(g) The commission shall consider the social and economic
viability of the finfish industry and input from the finfish
license management review board regarding the reissue of finfish
licenses through auction or lottery.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.082. LINE LIMITS. (a) Not later than September 1,
2000, the commission by proclamation issued under this code shall
authorize the holder of a commercial finfish fisherman's license
to use up to 20 trotlines not more than 600 feet long, or another
number and length of line authorized by commission proclamation,
to take or attempt to take finfish.
(b) No holder of a commercial finfish fisherman's license may
possess on board more than the number of lines prescribed by this
code or by commission proclamation issued under this code.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.083. CRAB TRAPS. (a) Not later than September 1, 2000,
the commission by proclamation issued under this code shall
authorize the holder of a commercial finfish fisherman's license
to use up to 20 crab traps, or a number of traps authorized by
commission proclamation, for use in commercial fishing for bait
purposes only.
(b) This section does not authorize the taking of any product
for pay or for the purpose of sale, barter, or exchange.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.084. PROGRAM ADMINISTRATION; RULES. (a) The executive
director shall establish administrative procedures to carry out
the requirements of this subchapter.
(b) The commission shall adopt any rules necessary for the
administration of the program established under this subchapter.
(c) The commission shall prescribe all gear marking requirements
for trotlines and crab traps under this subchapter in accordance
with Chapter 66.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.085. DISPOSITION OF FUNDS. Money received for a license
issued under this subchapter and fines for violations of this
subchapter shall be remitted to the department by the 10th day of
the month following the date of collection.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.
Sec. 47.086. PROCLAMATION; PROCEDURES. Subchapter D, Chapter
61, and Sections 61.054 and 61.055 apply to the adoption of
proclamations under this subchapter.
Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,
1999.