CHAPTER 66. FISH
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE B. HUNTING AND FISHING
CHAPTER 66. FISH
SUBCHAPTER A. PROVISIONS APPLICABLE TO FRESHWATER AND SALTWATER
FISHING
Sec. 66.001. DEFINITIONS. In this chapter:
(1) "Fresh water" means all lakes, lagoons, rivers, and streams
to their mouths, but does not include coastal or tidal water.
(2) "Prepared feed" means a pelleted ration, 20 percent or more
of which consists of plant protein or grain by-products.
(3) "Salt water" means all coastal or tidal water.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1995, 74th Leg., ch. 859, Sec. 1, eff.
Sept. 1, 1995.
Sec. 66.002. CONSENT TO TAKE FISH FROM PRIVATE WATER. (a) No
person may catch, take, or attempt to catch or take any aquatic
animal life by any means or method from any privately owned
waters without the consent of the landowner or the landowner's
agent.
(b) In a prosecution under this section, the burden of proof to
show consent is on the person charged.
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. 59,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 102,
eff. Sept. 1, 1997.
Sec. 66.003. PLACING EXPLOSIVES OR HARMFUL SUBSTANCES IN WATER.
(a) No person may place in the water of this state an explosive,
poison, or other substance or thing deleterious to fish.
(b) Subsection (a) of this section does not apply to the use of
explosives necessary for construction purposes when the use is
authorized in writing by the department.
(c) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,
eff. Sept. 1, 1985.
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. 110,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 103,
eff. Sept. 1, 1997.
Sec. 66.004. TAKING OF FISH BY ELECTRIC SHOCK PROHIBITED;
EXCEPTION. (a) Except as provided by Subsection (d) of this
section, no person may catch fish by using an
electricity-producing device designed to shock fish.
(b) No person may manufacture or sell an electricity-producing
device designed to shock fish.
(c) Except as provided by Subsection (d) of this section, no
person may possess an electricity-producing device commonly used
to shock fish. The possession of an electricity-producing device
commonly used to shock fish, in a boat or within one-half mile of
any water of this state, is a violation of this section by the
person in possession of the device.
(d) This section does not prohibit the use of an
electricity-producing device of not more than three volts
connected to a shrimp trawl used by an operator of a licensed
commercial gulf shrimp boat in the outside water of this state at
depths of more than seven fathoms. To qualify under this
exemption, the commercial gulf shrimp boat and the trawl must be
operating in compliance with the provisions of Chapter 77 of this
code relating to the taking of shrimp.
(e) An electricity-producing device used or possessed in
violation of this section is a nuisance, and an officer of the
department who has probable cause to believe that a device is
used or possessed in violation of this section may search a boat,
vehicle, campsite, or person and seize the device and hold it as
evidence for the trial of the person in possession of the device.
If the person is found guilty of a violation of this section, the
department shall be responsible for the destruction of the device
unless it can be utilized by the department for research
purposes, or upon request the device may be released to a
state-supported college or university for use in marine or
aquatic research. An officer of the department who seizes or
destroys a device is immune from liability for any damages
resulting from seizure or destruction, and the department is
likewise immune from liability for any damages resulting from
seizure, destruction, or disposition thereof.
(f) For purposes of this section, an "electricity-producing
device" includes any device that produces or directs an
electrical current and is used to shock, stun, disorient, or kill
fish.
(g), (h) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec.
110, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 1662, ch. 656, Sec. 1,
eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2542, ch. 676, art.
2, Sec. 1 to 4, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch.
267, art. 3, Sec. 110, eff. Sept. 1, 1985; Acts 1989, 71st Leg.,
ch. 738, Sec. 2, eff. Sept. 1, 1989.
Sec. 66.005. WILFUL DESTRUCTION OF BOAT, SEINE, OR NET. No
person may wilfully, with the intent to injure the owner, take a
boat, seine, net, or other device for fishing into prohibited
water, or use a boat, seine, net, or other device for fishing to
take fish unlawfully, so as to cause the destruction of the boat,
seine, net, or device.
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. 60,
eff. Sept. 1, 1985.
Sec. 66.006. POSSESSION OF ILLEGAL FISHING DEVICES. (a) No
person may possess a device designed to catch fish or other
aquatic wildlife in or on the public water of this state where
the use of the device is not permitted by this code or by a
proclamation of the commission under this code unless the device
is on board a vessel that is in public coastal water and is:
(1) in port; or
(2) in a marked channel and the vessel is going directly to or
from public water in this state where the use of the device is
permitted.
(b) No person may possess or use for the purpose of catching
finfish a seine, strike net, gill net, or trammel net in or on
the public water of this state unless the seine, strike net, gill
net, or trammel net is equipped with floats at intervals of six
feet or less and of sufficient buoyancy to maintain the seine,
strike net, gill net, or trammel net in an upright position in
the water so that the floats are visible on the surface of the
water thereby avoiding a hazard to motorboat traffic.
(c)(1) No person may possess a seine, strike net, gill net, or
trammel net on or within 500 yards of any public coastal water of
this state where the use of the seine or net for the catching of
fish is not permitted by this code or by a proclamation of the
commission under this code.
(2) It is a defense to prosecution under this subsection that
the seine, strike net, gill net, or trammel net was possessed
within 500 yards of a public coastal water of this state for a
lawful fishing activity.
Added by Acts 1989, 71st Leg., ch. 27, Sec. 1, eff. Sept. 1,
1989.
Sec. 66.007. EXOTIC HARMFUL OR POTENTIALLY HARMFUL FISH,
SHELLFISH, AND AQUATIC PLANTS. (a) No person may import,
possess, sell, or place into water of this state exotic harmful
or potentially harmful fish, shellfish, or aquatic plants except
as authorized by rule or permit issued by the department.
(b) The department shall publish a list of:
(1) exotic fish and exotic shellfish for which a permit under
Subsection (a) is required; and
(2) exotic aquatic plants, as provided by this section, that are
approved for importation into or possession in this state without
a permit.
(c) The department shall make rules to carry out the provisions
of this section. In adopting rules that relate to exotic aquatic
plants, the department shall strive to ensure that the rules are
as permissive as possible without allowing the importation or
possession of plants that pose environmental, economic, or health
problems.
(d) A fish farmer may import, possess, or sell harmful or
potentially harmful exotic fish species as provided by Section
134.020, Agriculture Code.
(e) In this section:
(1) "Approved list" means the list published by the department
under Subsection (b)(2) of exotic aquatic plants that a person
may import into or possess in this state without an exotic
species permit issued by the department.
(2) "Exotic aquatic plant" means a nonindigenous aquatic plant
that is not normally found in aquatic or riparian areas of this
state.
(3) "Exotic fish" means a nonindigenous fish that is not
normally found in the public water of this state.
(4) "Exotic shellfish" means a nonindigenous shellfish that is
not normally found in the public water of this state.
(f) A fish farmer may not import, possess, propagate, or
transport exotic shellfish unless the fish farmer furnishes
evidence required by the department showing that the shellfish
are free of disease.
(g) The commission may adopt rules to control a disease or agent
of disease transmission that:
(1) may affect penaeid shrimp species; and
(2) has the potential to affect cultured species or other
aquatic species.
(h) If one or more manifestations of disease is observed in any
cultured marine penaeid shrimp species, the department shall
immediately place the aquaculture facility under quarantine
condition. The department shall determine, by rule, the meaning
of "manifestation of disease" and "quarantine condition" under
this section.
(i) The department may coordinate with the Texas Animal Health
Commission regarding testing for diseases.
(j) Except as provided in Subsection (k), an operator of an
aquaculture facility under quarantine condition may not discharge
waste or another substance from the facility except with approval
of the department and a wastewater discharge authorization from
the Texas Natural Resource Conservation Commission.
(k) Even if under quarantine condition, an aquaculture facility
shall discharge wastewater or another substance as necessary to
comply with an emergency plan that has been submitted to and
approved by the department and incorporated into a wastewater
discharge authorization issued by the Texas Natural Resource
Conservation Commission.
(l) On receiving notice from an owner of the observance of
manifestations of disease, the department shall immediately:
(1) notify the Department of Agriculture, the Texas Natural
Resource Conservation Commission, and the Texas Animal Health
Commission; and
(2) advise the Department of Agriculture, the Texas Natural
Resource Conservation Commission, and the Texas Animal Health
Commission regarding the appropriate action to be taken.
(m) A person may not import into or possess in this state an
exotic aquatic plant unless:
(1) the plant is on the approved list; or
(2) the person has an exotic species permit issued by the
department.
(n) In compiling the approved list, the department shall develop
a process to evaluate the potential harm that may be caused by
the importation or possession of exotic aquatic plant species
into this state. The process must include the use of:
(1) a risk assessment model to help determine the potential harm
of a species to the aquatic environment;
(2) published scientific research findings;
(3) findings from regulatory agencies; or
(4) scientific analyses from third-party laboratories.
(o) The approved list must include an exotic aquatic plant that:
(1) is widespread in this state; and
(2) is not, as determined by the department, a cause of
environmental, economic, or health problems.
(p) The department shall develop an expedited process for
obtaining approval for inclusion on the approved list of a
previously unknown exotic aquatic plant. The commission may
remove an exotic aquatic plant from the approved list if the
results of further analysis conducted under Subsection (n)
indicate that the plant should not be on the list. The
department may enact an emergency rule as provided by Chapter
2001, Government Code, to remove an exotic aquatic plant from the
approved list if the plant is determined to cause environmental,
economic, or health problems.
(q) The commission shall exercise final approval for the
inclusion of each plant on the approved list.
(r) In accordance with commission rules, the department may
issue an exotic species permit to a permit applicant for an
exotic aquatic plant not on the approved list if the proposed use
of the plant is:
(1) as an experimental organism in a medical or other scientific
research program approved by the department;
(2) as part of an exhibit approved by the department in a public
aquarium or public zoo; or
(3) for an appropriate use that will not result in potential
environmental, economic, or health problems.
(s) Nothing in this subchapter regarding exotic aquatic plants
restricts the department's authority under this code regarding
exotic harmful or potentially harmful fish or shellfish.
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. 110,
eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 637, Sec. 8, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 586, Sec. 6, eff. Sept.
1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 7, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
952, Sec. 14, eff. September 1, 2009.
Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On leaving
any public or private body of water in this state, a person shall
immediately remove and lawfully dispose of any exotic aquatic
plant not included on the approved list published under Section
66.007(b)(2) that is clinging or attached to the person's:
(1) vessel or watercraft; or
(2) trailer, motor vehicle, or other mobile device used to
transport or launch a vessel or watercraft.
Added by Acts 2005, 79th Leg., Ch.
992, Sec. 27, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
952, Sec. 15, eff. September 1, 2009.
Sec. 66.008. FISHING FROM BRIDGE. (a) No person may fish from
the deck or road surface of any bridge or causeway on a road
maintained by the Texas Department of Transportation.
(b) No person may deposit or leave any dead fish, crab, or bait
on the deck or road surface of any bridge or causeway on a road
maintained by the Texas Department of Transportation.
(c) The Texas Department of Transportation shall post
appropriate signs on all bridges and causeways affected by this
section.
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. 110,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 165, Sec. 22(66),
eff. Sept. 1, 1995.
Sec. 66.009. NAVIGATION DISTRICTS. (a) No person may use a
seine or net of any type, trotline, or other mechanical or
physical device, except hook and line, to catch fish in a
channel, turning basin, or other water of a navigation district
operating under Chapter 63, Water Code.
(b) The possession of a mechanical device referred to in
Subsection (a) of this section within a navigation district
operating under Chapter 63, Water Code, is prima facie evidence
of a violation of Subsection (a) of this section.
(c) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,
eff. Sept. 1, 1985.
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. 110,
eff. Sept. 1, 1985.
Sec. 66.0091. FISHING IN CERTAIN MAN-MADE WATERWAYS. (a) This
section applies to a county in which at least 60 percent of the
total area of the county is regularly covered by water and in
which the majority of the total area of a wildlife refuge for
species of wildlife on the federal endangered species list is
located.
(b) No person may take or attempt to take fish of any variety by
the use of nets, except hand-cast nets or minnow seines, from any
canal or other artificial or man-made waterway within any platted
subdivision platted under Chapter 231, Acts of the 40th
Legislature, Regular Session, 1927 (Article 974a, Vernon's Texas
Civil Statutes), if two or more residences abut onto the canal or
waterway.
(c) No person may set any net in the mouth of a canal or
waterway described in this section that interferes with or
impedes the free movement of fish into or out of the canal or
waterway.
Added by Acts 1987, 70th Leg., ch. 635, Sec. 1, eff. June 19,
1987.
Sec. 66.011. LEAVING FISH TO DIE. A person commits an offense
if the person leaves edible fish or bait fish taken from the
public waters of this state to die without the intent to retain
the fish for consumption or bait.
Added by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 2, eff.
Sept. 1, 1985.
Sec. 66.012. PENALTIES. (a) Except as otherwise provided by
this section, a person who violates a provision of this
subchapter or a rule adopted by the commission under this
subchapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
(b) A person who violates Section 66.003, 66.004, 66.005,
66.006(c), 66.007, 66.009, 66.015, 66.021, or 66.0091 of this
code commits an offense that is a Class B Parks and Wildlife Code
misdemeanor.
(c) If it is shown at the trial of the defendant for a violation
of Section 66.004, 66.006(c), 66.007, or 66.015 of this code that
the defendant has been convicted once before the trial date of a
violation of the same section, on conviction the defendant shall
be punished for a Class A Parks and Wildlife Code misdemeanor.
(d) If it is shown at the trial of the defendant for a violation
of Section 66.004, 66.007, or 66.015 of this code that the
defendant has been convicted two or more times before the trial
date of a violation of the same section, on conviction the
defendant shall be punished for a Parks and Wildlife Code felony.
(e) If it is shown at the trial of the defendant for a violation
of Section 66.020(f) or 66.020(g) of this code or a proclamation
adopted by the commission under those sections that the defendant
has been convicted within five years before the trial date of a
violation of the section for which the defendant is being
prosecuted, on conviction the defendant shall be punished for a
Class B Parks and Wildlife Code misdemeanor.
(f) If it is shown at the trial for a violation of Section
66.020(f) or 66.020(g) of this code or a proclamation adopted by
the commission under those sections that the defendant has been
convicted two or more times within five years before the trial
date of a violation of the section for which the defendant is
being prosecuted, on conviction the defendant shall be punished
for a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 61, eff.
Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 635, Sec. 2,
eff. June 19, 1987; Acts 1989, 71st Leg., ch. 637, Sec. 9, eff.
Sept. 1, 1989; Acts 1989, 71st Leg., ch. 738, Sec. 3, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 723, Sec. 11, eff. Sept. 1,
1991.
Sec. 66.013. FEDERAL GRANTS. Federal grants for research and
development of commercial fisheries may be used for individual
fishery projects with the approval of the department.
Added by Acts 1989, 71st Leg., ch. 637, Sec. 10, eff. Sept. 1,
1989.
Sec. 66.014. IDENTIFICATION OF VEHICLE TRANSPORTING AQUATIC
PRODUCTS. (a) No person may transport any aquatic product for
commercial purposes unless the person clearly identifies the
motor vehicle, trailer, or semitrailer as a vehicle that carries
aquatic products. The commission shall prescribe by proclamation
the identification requirements for a motor vehicle, trailer, or
semitrailer transporting aquatic products, and the commission may
prescribe that the identification shall list the state of origin
of the aquatic products. In this subsection, "motor vehicle,"
"trailer," and "semitrailer" have the meanings assigned by
Section 541.201, Transportation Code.
(b) A person who violates this section commits an offense. An
offense under this section is a Class C Parks and Wildlife Code
misdemeanor.
(c) "Aquatic product" means any uncooked, fresh or frozen
aquatic animal life.
Added by Acts 1985, 69th Leg., ch. 827, Sec. 6, eff. Aug. 26,
1985. Renumbered from Sec. 66.011 by Acts 1987, 70th Leg., ch.
167, Sec. 5.01(a)(40), eff. Sept. 1, 1987. Amended by Acts 1991,
72nd Leg., ch. 723, Sec. 12, eff. Sept. 1, 1991; Acts 1997, 75th
Leg., ch. 165, Sec. 30.235, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1256, Sec. 104, eff. Sept. 1, 1997.
Sec. 66.015. INTRODUCTION OF FISH, SHELLFISH, AND AQUATIC
PLANTS. (a) In this section, "public water" means the bays,
estuaries, and water of the Gulf of Mexico within the
jurisdiction of the state, and the rivers, streams, creeks,
bayous, reservoirs, lakes, and portions of those waters where
public access is available without discrimination.
(b) No person may place any species of fish, shellfish, or
aquatic plant into the public water of the state without a permit
issued by the department.
(c) The department shall establish rules and regulations
governing the issuance of permits under this section.
(d) Subsection (b) of this section does not apply to native,
nongame fish as defined by the commission, except in waters
designated by the commission where threatened or endangered fish
are present.
(e) A person violates this section if fish, shellfish, or
aquatic plants the person possesses or has placed in nonpublic
water escape into the public water of the state and the person
does not hold a permit issued under this section.
(f) An employee of the department acting at the direction of the
commission is exempt from this section.
Added by Acts 1989, 71st Leg., ch. 637, Sec. 11, eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 105, eff.
Sept. 1, 1997.
Sec. 66.016. COMMERCIAL FISHING REGULATIONS APPLICABLE IF
COMMERCIAL PLATES ON BOARD. (a) A person on board a boat
licensed or required to be licensed for a commercial fishing
activity under Chapter 47, 76, 77, or 78, or any other chapter of
this code may not catch and retain any fish species whose sale is
prohibited when taken from Texas waters. While commercial fishing
plates are on board, all commercial fishing regulations, size
limits, bag limits, possession limits, and the prohibited
possession of noncommercial fish species apply.
(b) Subsection (a) of this section does not apply to a person on
board a boat licensed under Chapter 47, 76, 77, or 78 of this
code if no commercial fishing plates are on board. While no
commercial fishing plates are on board, all recreational fishing
regulations, size limits, bag limits, and possession limits
apply.
Added by Acts 1989, 71st Leg., ch. 73, Sec. 3, eff. Sept. 1,
1989. Amended by Acts 1999, 76th Leg., ch. 455, Sec. 8, eff.
Sept. 1, 1999.
Sec. 66.017. LICENSE, TAG, AND PERMIT EXPIRATIONS AND TRANSFERS.
(a) All licenses, tags, and permits issued under the authority
of Chapter 66 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, tags, and permits issued under the authority
of Chapter 66 of this code 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 66.020(e)
may be transferred to a new address if the business moves to
another location. 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 or replacement licenses, tags, and
permits.
Added by Acts 1993, 73rd Leg., ch. 365, Sec. 15, eff. May 31,
1993. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 67, eff.
June 16, 1995.
Sec. 66.018. CRAB TRAP TAGS. (a) The department may issue tags
for crab traps placed in public water.
(b) The commission may make regulations for the safe use of crab
traps and to carry out the provisions of this section.
(c) A crab trap tag issued under this section shall be attached
to each crab trap placed in public water. The department may
collect a maximum fee of $1.50 for each tag issued under this
section; provided, however, that upon adoption of a crab
management plan and the establishment of a crab advisory
committee, the commission may determine the amount of the fee.
(d) No person may place a crab trap in public water unless a
crab trap tag is attached to the trap unless a proclamation under
Subchapter B, Chapter 78, requires a license that does not
require the use of crab trap tags.
(e) This section shall not apply to persons taking crabs from
public water for personal use.
(f) If the commission adopts a license under Subchapter B,
Chapter 78, the department may not collect a fee for any crab
trap tag.
Added by Acts 1991, 72nd Leg., ch. 908, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 129, eff.
Sept. 1, 1997.
Sec. 66.019. STATISTICAL REPORTS. (a) The department shall
gather statistical information on the harvest of aquatic products
of this state.
(b) The department shall prescribe the method or methods used to
gather information and shall produce and distribute any
applicable report forms.
(c) Unless otherwise required by the department, no dealer who
purchases or receives aquatic products directly from any person
other than a licensed dealer may fail to file the report with the
department each month on or before the 10th day of the month
following the month in which the reportable activity occurred.
The report must be filed even if no reportable activity occurs in
the month covered by the report. No dealer required to report may
file an incorrect or false report. A culpable mental state is not
required to establish an offense under this section.
(d) Unless otherwise required by the department, no dealer who
purchases, receives, or handles aquatic products, other than
oysters, from any person except another dealer may fail to:
(1) maintain cash sale tickets in the form required by this
section as records of cash sale transactions; or
(2) make the cash sale tickets available for examination by
authorized employees of the department for statistical purposes
or as a part of an ongoing investigation of a criminal violation
during reasonable business hours of the dealer.
(e) All cash sale tickets must be maintained at the place of
business for at least one year from the date of the sale.
(f) A cash sale ticket must include:
(1) the name of the seller;
(2) the general commercial fisherman's license number and the
commercial finfish fisherman's license number or the general
commercial fisherman's license number and the commercial crab
fisherman's license number, as applicable, if the holder of the
general commercial fisherman's license is selling finfish or
crabs;
(3) the general commercial fisherman's license number, the
commercial crab fisherman's license number, the commercial
finfish fisherman's license number, the commercial shrimp boat
captain's license number, the commercial shrimp boat license
number, or the commercial fishing boat license number of the
seller or of the vessel used to take the aquatic product, as
applicable;
(4) the number of pounds sold by species;
(5) the date of sale;
(6) the water body or bay system from which the aquatic products
were taken; and
(7) price paid per pound per species.
(g) Any person who violates Subsection (c) or (d) of this
section is guilty of a Class C 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. 110,
eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 827, Sec. 9, eff.
Aug. 26, 1985; Acts 1987, 70th Leg., ch. 625, Sec. 1, eff. Sept.
1, 1987. Redesignated from Sec. 66.209 and amended by Acts 1991,
72nd Leg., ch. 586, Sec. 7, eff. Sept. 1, 1991 and Acts 1991,
72nd Leg., ch. 723, Sec. 14, eff. Sept. 1, 1991. Amended by Acts
1993, 73rd Leg., ch. 221, Sec. 1, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 862, Sec. 6, eff. Sept. 1, 1995; Acts 1999, 76th
Leg., ch. 455, Sec. 9, eff. Sept. 1, 1999.
Sec. 66.020. SALE AND PURCHASE OF PROTECTED FISH. (a) It is
unlawful for any person to buy or offer to buy, sell or offer to
sell, possess for the purpose of sale, transport or ship for the
purpose of sale, barter, or exchange bass of the genus
Micropterus, blue marlin, crappie, flathead catfish, jewfish,
longbill spearfish, muskellunge, northern pike, red drum,
sailfish, sauger, snook, spotted sea trout, striped bass, tarpon,
walleye, white bass, white marlin, yellow bass, or hybrids of any
of those fish.
(b) This section applies to the possession, transportation,
sale, or purchase of any fish described by Subsection (a) of this
section without regard to where the fish was taken, caught, or
raised, but does not apply to:
(1) the transportation or possession of fish taken, caught, or
raised outside this state and transported by common carrier
without being unloaded from outside this state to a point of
delivery outside this state;
(2) fish raised by being continuously fed a prepared feed and
sold by a licensed Texas fish farmer if marked and identified as
required under Chapter 134, Agriculture Code; or
(3) the lawful importation by the holder of a Texas finfish
import license into this state from another state or foreign
country of farm-raised red drum, bass of the genus Micropterus,
crappie, flathead catfish, striped bass, white bass, or a hybrid
of any of those fish that have been continuously fed a prepared
feed as a primary food source or lawfully taken, caught, or
raised blue marlin, jewfish, longbill spearfish, muskellunge,
northern pike, sailfish, sauger, snook, spotted sea trout,
tarpon, walleye, white marlin, yellow bass, or a hybrid of any of
those fish, if the fish are transported or sold when not alive
and are tagged, invoiced, packaged, and labeled under regulations
of the commission and if the license holder complies with any
requirements the commission may establish by proclamation that
the fish enter the stream of commerce for sale in this state in a
condition allowing ready identification of the species, including
a requirement that the fish come into the state with the head and
tail intact and tagged and a requirement that an invoice
accompany all imported fish regulated by this section through
each sales transaction, including transactions at the place of
the final sale to the consumer.
(c) Notwithstanding Subsection (b)(3) of this section, the
commission may allow subsequent sale of lawfully imported fish
without the head and tail intact and without a tag if the fish
are labeled in a manner prescribed by the commission and the tag
when removed is destroyed. A tag, if required, must be of a type
prescribed by the commission and shall be sold to an applicant at
a cost as determined by the commission that is reasonable to
defray the administrative costs incurred in connection with the
tag requirement.
(d) It is unlawful for any person to receive directly from
another state or foreign country, import, transport, or sell bass
of the genus Micropterus, blue marlin, crappie, flathead catfish,
jewfish, longbill spearfish, muskellunge, northern pike, red
drum, sailfish, sauger, snook, spotted sea trout, striped bass,
tarpon, walleye, white bass, white marlin, yellow bass, or a
hybrid of any of those fish unless the person holds a Texas
finfish import license issued by the department.
(e) The fee for a Texas finfish import license is $50 or an
amount set by the commission, whichever amount is more.
(f) The commission by proclamation may require fish imported
under this section to be tagged, packaged, and labeled and to be
accompanied by an invoice. The department may provide a
prenumbered invoice to a person importing any of the fish
described by Subsection (a) of this section into this state from
another state or foreign country and may charge a fee for the
invoice in an amount determined by the commission that is
reasonable to defray the administrative costs incurred under this
subsection. The invoice shall be used to report shipments of any
of the fish described by Subsection (a) of this section. A person
who receives invoices under this subsection must account to the
department for all invoices received as required by rules adopted
by the commission. A person commits an offense if the person
fails or refuses to account for an invoice as required by
commission rules.
(g) It is unlawful for a person to sell or offer to sell any
imported fish described by Subsection (a) of this section unless
it is tagged, packaged, invoiced, and labeled for identification
as provided by this section.
(h) A person may purchase at any season of the year fish
described by Subsection (a) as provided by this section.
(i) A person possessing more than three times the possession
limit, as provided by this code or by a proclamation of the
commission under this code, of fish described by Subsection (a)
of this section without lawful documentation commits an offense.
An offense under this subsection is a Class A Parks and Wildlife
Code misdemeanor.
(j) In this chapter the names of fishes are those prescribed by
the American Fisheries Society in the most recent edition of "A
List of Common and Scientific Names of Fishes of the United
States and Canada."
Added by Acts 1991, 72nd Leg., ch. 723, Sec. 13, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 859, Sec. 2, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1239, Sec. 8, eff. Sept.
1, 1999.
Sec. 66.021. PROTECTED FISH: DISPLAY OF DOCUMENTS. (a) A
person commits an offense if the person possesses a fish
described by Subsection 66.020(a) of this code under Subsection
66.020(b) of this code and:
(1) fails to keep with the fish a document or documents that
verify the place of origin of the fish; or
(2) fails, on the request of a game warden, to present to the
game warden without delay a document or documents that verify the
place of origin of the fish.
(b) Documents that verify the place of origin of any fish
described by Subsection 66.020(a) of this code include tags,
labels, or invoices required by this code, a regulation of the
commission, Chapter 134 of the Agriculture Code, or a regulation
of the commissioner of agriculture.
(c) To commit an offense under Subsection (a) of this section, a
person is not required to have a culpable mental state.
Added by Acts 1991, 72nd Leg., ch. 723, Sec. 13, eff. Sept. 1,
1991.
Sec. 66.022. PURCHASE FOR EVIDENCE. A person authorized by the
department who, for the purpose of establishing testimony,
purchases or sells any aquatic life the purchase or sale of which
is prohibited or regulated by this code is immune from
prosecution for the purchases or sales. A conviction for the
unlawful purchase or sale of any aquatic animal may be sustained
on the uncorroborated testimony of the person authorized by the
department to purchase or sell aquatic life.
Added by Acts 1991, 72nd Leg., ch. 723, Sec. 13, eff. Sept. 1,
1991.
SUBCHAPTER B. FRESH WATER FISHING
Sec. 66.102. PLACING PROHIBITED DEVICES IN PUBLIC WATER. A
device designed to catch fish or other aquatic wildlife resources
that is placed in the public fresh water of this state in
violation of a law or commission proclamation is a nuisance, and
a game warden or other peace officer shall confiscate and dispose
of the device as provided by Section 12.1105 of this code. A game
warden or other peace officer is immune from liability for the
destruction of devices found in violation of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 23, ch. 9, art. I, Sec.
3, eff. Aug. 29, 1983.
Sec. 66.109. FISH LADDERS. (a) The department, by written
order, may require the owner of a public or private dam or other
obstruction on a regularly flowing public freshwater stream to
construct or repair fishways or fish ladders sufficient to allow
fish in all seasons to ascend or descend the dam or other
obstruction for the purpose of depositing spawn.
(b) An owner who fails to construct or repair a fishway or fish
ladder within 90 days after receiving the written order commits
an offense. Each week of violation following the 90-day period
constitutes a separate offense.
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. 62,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 106,
eff. Sept. 1, 1997.
Sec. 66.110. SCREENS TO PROTECT FISH. (a) The department may
direct a person or corporation taking fresh water of the state to
cover the entrance of the intake canal, pipe, or other device
used for taking water with a screen to protect fish.
(b) The department may regulate the manner of installation and
the specifications of screens and other obstructions required
under this section.
(c) No person may fail to comply with a direction of the
department made in writing under Subsection (a) of this section.
(d) Each day's failure to comply with this section constitutes a
separate offense.
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. 63,
eff. Sept. 1, 1985.
Sec. 66.111. SALE AND PURCHASE OF CERTAIN FISH. (a) Except as
provided by Subsection (b) no person may buy or offer to buy,
sell or offer to sell, possess for the purpose of sale, transport
or ship for the purpose of sale, or barter or exchange:
(1) freshwater crappie, bass of the genus Micropterus, striped
bass and hybrids of striped bass, white bass, walleye, sauger,
northern pike, muskellunge, trout of the family Salmonidae,
flathead catfish; or
(2) any other fish taken from the public fresh water of this
state.
(b) Subsection (a) of this section does not apply to:
(1) a fish, other than a bass of the genus Micropterus, reared
in private water under a fish farmer's license;
(2) a fish possessed legally outside this state and transported
into this state;
(3) bass of the genus Micropterus reared in private water under
a fish farmer's license and marketed for the purpose of stocking
the water of this state;
(4) nongame fish regulated under Chapter 67 of this code;
(5) channel catfish of more than 14 inches in length or blue
catfish of more than 14 inches in length taken from the public
fresh water of Angelina, Bowie, Camp, Cass, Chambers, Franklin,
Freestone, Gregg, Hardin, Harris, Harrison, Jasper, Jefferson,
Lamar, Leon, Liberty, Madison, Marion, Montgomery, Morris,
Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red River,
Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity,
Tyler, Upshur, or Walker County, the public fresh water of the
Neches or Trinity River in Houston County, or the public fresh
water of the Colorado River in Bastrop, Colorado, Fayette,
Matagorda, or Wharton County.
(c) The fish shipped into this state must have a bill of lading
with the shipment stating the number, pounds, and species of fish
in the shipment, their place of origin, the name and address of
the shipper, the name and address of the receiver, and the date
of the shipment. The receiver of the shipment must keep the bills
of lading on file for not less than one year from the date of
shipment.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 2,
eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 908, ch. 416, Sec.
1, eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 267, art. 3,
Sec. 110, art. 4, Sec. 3, eff. Sept. 1, 1985; Acts 1985, 69th
Leg., ch. 827, Sec. 7, eff. Aug. 26, 1985; Acts 1987, 70th Leg.,
ch. 608, Sec. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch.
586, Sec. 1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 409,
Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 912, Sec.
1, eff. Sept. 1, 1995.
Sec. 66.114. GAME AND NONGAME FISH DEFINED: COMMISSION
PROCLAMATION. The commission by proclamation shall define game
and nongame fish.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 4,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 409, Sec. 2, eff.
Sept. 1, 1995.
Sec. 66.119. FRAUD IN FRESHWATER FISHING TOURNAMENTS. (a) In
this section, "fishing tournament" means a contest in which a
prize is to be awarded to one or more participants in the contest
based on the weight, length, number, or type of freshwater fish
caught by the participants or based on any other criteria
applicable to the fish caught.
(b) A person commits an offense if, with intent to affect the
outcome of a fishing tournament:
(1) the person provides, offers to provide, sells, or offers to
sell a fish to a participant in the tournament for the purpose of
representing that the fish was caught by the participant in the
course of the tournament;
(2) the person, as a participant in the tournament, accepts or
agrees to accept a fish from another person for the purpose of
representing that the fish was caught by the participant in the
course of the tournament; or
(3) the person, as a participant in the tournament, represents
that a fish was caught by the person in the course of the
tournament when in fact the fish was not caught by that person or
the fish was not caught in the course of that tournament.
(c) A person commits an offense if the person sponsors or
conducts a fishing tournament and knows of the occurrence in the
tournament of activity prohibited by Subsection (b) of this
section and does not immediately notify a law enforcement officer
commissioned by the director of its occurrence.
(d) An offense under this section is a Class A misdemeanor,
except that if the offense occurred during a tournament in which
any prize or combination of prizes to be awarded for any one
category for which an award is given, whether the prize or prizes
are to an individual or a team, is worth $10,000 or more in money
or goods, the offense is a felony of the third degree.
Added by Acts 1985, 69th Leg., ch. 109, Sec. 1, eff. Sept. 1,
1985.
Sec. 66.121. PENALTY. A person who violates Section 66.109,
66.110, 66.111, or 66.117(b) of this code or a regulation adopted
under Section 66.115 of this code commits an offense that is a
Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 64, eff.
Sept. 1, 1985. Renumbered from Sec. 66.119 by Acts 1987, 70th
Leg., ch. 167, Sec. 5.01(a)(41), eff. Sept. 1, 1987.
SUBCHAPTER C. SALTWATER FISHING
Sec. 66.2011. RED DRUM AND SPECKLED SEA TROUT: PENALTIES. In
addition to the penalty provided in Section 66.218, a person who
violates a proclamation issued under Chapter 61 shall have all
equipment, other than vessels, in the person's possession used
for the taking of red drum or speckled sea trout confiscated. A
person who violates a proclamation issued under Chapter 61 three
or more times within a five-year period shall have all equipment,
including vessels, in the person's possession used for the taking
of redfish or speckled sea trout confiscated.
Added by Acts 1977, 65th Leg., p. 722, ch. 270, Sec. 5, eff.
Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 375, ch. 153,
Sec. 2, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 33, ch. 9,
art. II, Sec. 2, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p.
969, ch. 229, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg.,
p. 4054, ch. 634, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th
Leg., ch. 267, art. 3, Sec. 66, eff. Sept. 1, 1985; Acts 1987,
70th Leg., ch. 542, Sec. 1, eff. Aug. 31, 1987; Acts 1997, 75th
Leg., ch. 1256, Sec. 107, eff. Sept. 1, 1997.
Sec. 66.2012. REGULATION OF COMMERCIAL USES OF REDFISH AND
SPECKLED SEA TROUT. (a) The commission by proclamation may
regulate the catching, possession, transportation, sale, and
purchase for commercial purposes in this state of redfish and
speckled sea trout. A proclamation issued under this section must
contain findings by the commission that support the need for the
proclamation.
(b) In determining whether to permit or prohibit any commercial
use of redfish and speckled sea trout under Subsection (a) of
this section, the commission shall consider:
(1) the availability of redfish and speckled sea trout in the
coastal water of this state;
(2) the availability of redfish and speckled sea trout from
sources other than the coastal water of this state;
(3) the economic interests of commercial and sports fishermen
and related industries in this state;
(4) the research of the department made under Section 66.217 of
this code;
(5) the protection of redfish and speckled sea trout habitat;
and
(6) the degree of compliance with state law and previous
regulations of the commission by fishermen and fish dealers in
this state.
(c) A proclamation issued under Subsection (a) of this section
may limit the number and size of redfish and speckled sea trout
that may be caught, possessed, transported, sold, or purchased
and may prescribe the times, places, conditions, and means and
manner of catching redfish and speckled sea trout.
(d) A proclamation of the commission under this section prevails
over any conflicting provision of Section 66.020 to the extent of
the conflict and only during the period that the proclamation is
in effect.
(e) This section does not apply to activities that are regulated
under the exceptions provided by Subdivisions (1), (2), and (3)
of Section 66.020(b) or under Subsections (f) and (g) of that
section.
(f) A person who violates a proclamation issued under Subsection
(a) is guilty of an offense and is punishable for the first and
subsequent offenses by the penalties prescribed by Sections
66.2011 and 66.218.
Added by Acts 1981, 67th Leg., p. 378, ch. 153, Sec. 13, eff.
Sept. 1, 1983. Amended by Acts 1983, 68th Leg., p. 970, ch. 229,
Sec. 4, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art.
3, Sec. 67, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256,
Sec. 108, eff. Sept. 1, 1997.
Sec. 66.204. VESSELS AND OBSTRUCTIONS IN FISH PASSES. (a) The
commission by proclamation may regulate the placement of
obstructions, traps, and mooring in fish passes and the marking
of restricted areas in any natural or artificial pass that is
opened, reopened, dredged, excavated, constructed, or maintained
by the department as a fish pass between the Gulf of Mexico and
an inland bay.
(b) No person may operate, possess, or moor a vessel or other
floating device, or may place any piling, wire, rope, cable, net,
trap, or other obstruction, in a natural or artificial pass
opened, reopened, dredged, excavated, constructed, or maintained
by the department as a fish pass between the Gulf of Mexico and
an inland bay within the distance inside the pass from the mouth
of the pass where it empties into the Gulf of Mexico to a marker
or sign erected by the department indicating the restricted area.
(c) This section does not restrict the power of the United
States to regulate navigation.
(d) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,
eff. Sept. 1, 1985.
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. 110,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 14, Sec. 1, eff.
April 25, 1997.
Sec. 66.206. TROTLINE TAGS. (a) The department shall issue
numbered tags for trotlines used in public salt water.
(b) The commission may make regulations for the safe use of
trotlines and to carry out the provisions of this section.
(c) A trotline tag shall be attached to each 300 feet of
trotline or fractional part of 300 feet. The department shall
collect a fee of $2 for each tag issued or an amount set by the
commission, whichever amount is more.
(d) No person may use a trotline in public salt water unless the
trotline has attached to it the proper number of trotline tags.
(e) This section does not apply to a person fishing trotlines
under a commercial finfish fisherman's license.
(f) Repealed by Acts 1977, 65th Leg., p. 382, ch. 190, Sec.
5(2), eff. May 20, 1977.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 382, ch. 190, Sec.
5(2), eff. May 20, 1977; Acts 1983, 68th Leg., p. 1337, ch. 277,
Sec. 44, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art.
2, Sec. 61, art. 3, Sec. 110, eff. Sept. 1, 1985; Acts 1999, 76th
Leg., ch. 455, Sec. 10, eff. Sept. 1, 2000.
Sec. 66.208. COMMERCIAL JOINT FISHING VENTURES. (a) No person
who is engaged in taking seafood in a commercial joint venture
may sell or offer to sell the products of the joint venture
except in the regular course of the joint venture with the
express or implied consent of the co-venturer.
(b) No person who is employed to take seafood may sell or offer
to sell the products taken in the course of his employment
without the express or implied consent of his employer.
(c) No person may purchase seafood with the knowledge that it is
sold in violation of Subsection (a) or (b) of this section.
(d) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,
eff. Sept. 1, 1985.
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. 110,
eff. Sept. 1, 1985.
Sec. 66.215. TAGS FOR NONCOMMERCIAL NETS AND SEINES. (a)
Except as provided in Subsection (b) of this section, no person
may place or use in the coastal water of this state a net or
seine unless there is attached to the net or seine a tag that
discloses the name and address of the owner of the net or seine.
(b) This section does not apply to a person who holds a
commercial fishing license under Chapter 47 of this code or to a
net or seine on which there is attached the license required by
Section 47.015 of this code.
(c) Authorized employees of the department may seize a net or
seine in coastal water in violation of this section and retain
the net or seine as evidence. If the owner of the net or seine
seized under this subsection is not identified before the
expiration of 90 days after its seizure, the net or seine may be
disposed of under Section 12.011 of this code or as provided by
other law.
Added by Acts 1979, 66th Leg., p. 1166, ch. 565, Sec. 1, eff.
July 1, 1980. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,
Sec. 72, eff. Sept. 1, 1985.
Sec. 66.216. POSSESSION OF HEADED OR TAILED FISH. No person may
possess a finfish of any species taken from coastal water, except
broadbill swordfish, shark, and king mackerel, that has the head
or tail removed unless the fish has been finally processed and
delivered to the final destination or to a certified wholesale or
retail dealer.
Added by Acts 1981, 67th Leg., p. 376, ch. 153, Sec. 6, eff.
Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,
Sec. 73, eff. Sept. 1, 1985.
Sec. 66.217. FINFISH RESEARCH. (a) The department shall
conduct continuous research and study of:
(1) the supply, economic value, environment, and breeding habits
of the various species of finfish, including red drum and
speckled sea trout;
(2) factors affecting the increase or decrease of finfish
supply;
(3) the use of trawls, nets, and other devices for the taking of
finfish;
(4) the effect on finfish of industrial and other types of water
pollution in areas naturally frequented by finfish; and
(5) statistical information gathered by the department on the
marketing, harvesting, processing, and catching of finfish landed
in this state.
(b) The department shall make findings based on the research
required by Subsection (a) of this section.
(c) The findings shall be filed in the permanent records of the
department.
Added by Acts 1981, 67th Leg., p. 378, ch. 153, Sec. 12, eff.
Sept. 1, 1981. Amended by Acts 1995, 74th Leg., ch. 391, Sec. 1,
eff. Aug. 28, 1995.
Sec. 66.218. PENALTIES. (a) Except as otherwise provided by
this section, a person who violates a provision of this
subchapter or a proclamation adopted under this subchapter
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
(b) If it is shown at the trial for a violation of Section
66.2011, 66.2012, 66.2014, or 66.208 of this code or a
proclamation adopted under those sections that the defendant has
been convicted within five years before the trial date of a
violation of the section for which the defendant is being
prosecuted, on conviction the defendant shall be punished for a
Class B Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 74, eff.
Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 723, Sec. 15,
eff. Sept. 1, 1991.
SUBCHAPTER D. TEXAS TERRITORIAL WATER
Sec. 66.301. DEFINITION. In this subchapter, "coastal water"
means all of the salt water of this state, including that portion
of the Gulf of Mexico within the jurisdiction of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 66.303. PROHIBITED ACTS. No unlicensed alien vessel may
take or attempt to take by any means or possess any natural
resource of the coastal water of this state.
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. 75,
eff. Sept. 1, 1985.
Sec. 66.304. PORT AUTHORITIES AND NAVIGATION DISTRICTS. It is
the duty of the port authorities and navigation districts of this
state to prevent the use of any port facility in a manner that
they reasonably suspect may assist in the violation of this
subchapter. They shall use all reasonable means, including the
inspection of nautical logs, to ascertain from masters of newly
arrived vessels of all types, other than warships of the United
States, the presence of alien commercial fishing vessels within
the coastal water of this state and shall promptly transmit the
information to the department and to law enforcement agencies of
this state as the situation may indicate. They shall request
assistance from the United States Coast Guard in appropriate
cases to prevent unauthorized departure from any port facility.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 66.305. HARBOR PILOTS. All harbor pilots shall promptly
transmit any knowledge coming to their attention regarding
possible violations of this subchapter to the appropriate
navigation district or port authority or the appropriate law
enforcement officials.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 66.306. ENFORCEMENT. All law enforcement agencies of the
state, including agents of the department, are empowered and
directed to arrest the masters and crews of vessels that are
reasonably believed to be in violation of this chapter and to
seize and detain the vessels and their equipment and catch. The
arresting officer shall take the offending crews or property
before the court having jurisdiction of the offense. The agencies
are directed to request assistance from the United States Coast
Guard in the enforcement of this Act when the agencies are
without means to effectuate arrest and restraint of vessels and
their crews operating in violation or probable violation of this
subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 66.307. POLITICAL ASYLUM. No crew member or master seeking
bona fide political asylum shall be fined or imprisoned under
this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 66.308. PENALTY. A captain, master, or owner of an
unlicensed alien vessel or boat who violates Section 66.303 of
this code commits an offense that is a Class B Parks and Wildlife
Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 76, eff.
Sept. 1, 1985.