CHAPTER 77. SHRIMP
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE D. CRUSTACEANS AND MOLLUSKS
CHAPTER 77. SHRIMP
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 77.001. DEFINITIONS. In this chapter:
(1) "Coastal water" means all the salt water of this state,
including that portion of the Gulf of Mexico within the
jurisdiction of the state.
(2) "Inside water" means all bays, inlets, outlets, passes,
rivers, streams, and other bodies of water landward from the
shoreline of the state along the Gulf of Mexico and contiguous
to, or connected with, but not a part of, the Gulf of Mexico and
within which the tide regularly rises and falls and in which
saltwater shrimp are found or into which saltwater shrimp
migrate.
(3) "Outside water" means the salt water of the state contiguous
to and seaward from the shoreline of the state along the Gulf of
Mexico as the shoreline is projected and extended in a continuous
and unbroken line, following the contours of the shoreline,
across bays, inlets, outlets, passes, rivers, streams, and other
bodies of water; and that portion of the Gulf of Mexico extending
from the shoreline seaward and within the jurisdiction of the
state.
(4) "Major bays" means the deeper, major bay areas of the inside
water, including Sabine Lake north of Cameron Causeway, Trinity
Bay, Galveston Bay, East Galveston Bay, West Galveston Bay,
Matagorda Bay (including East Matagorda Bay), Tres Palacios Bay
south of a line from Grassy Point to the mouth of Pilkerton
Bayou, Espiritu Santo Bay, Lavaca Bay seaward of State Highway
35, San Antonio Bay seaward of a line from McDowell Point to
Grassy Point to Marker 32 on the Victoria Barge Canal, Ayres Bay,
Carlos Bay, Aransas Bay, Mesquite Bay, and Corpus Christi Bay,
all exclusive of tributary bays, bayous, and inlets, lakes, and
rivers.
(5) "Possess" means the act of having in possession or control,
keeping, detaining, restraining, or holding as owner, or under a
fishing ley, or as agent, bailee, or custodian of another.
(6) "Commercial gulf shrimp boat" means any boat that is
required to be numbered or registered under the laws of the
United States or of this state and that is used for the purpose
of catching or assisting in catching shrimp and other edible
aquatic products from the outside water of the state for pay or
for the purpose of sale, barter, or exchange, or from salt water
outside the state for pay or for the purpose of sale, barter, or
exchange, and that unloads at a port or other point in the state
without having been previously unloaded in another state or
foreign country.
(7) "Commercial bay shrimp boat" means a boat that is required
to be numbered or registered under the laws of the United States
or this state and that is used for the purpose of catching or
assisting in catching shrimp and other edible aquatic products
from the inside water of this state for pay or for the purpose of
sale, barter, or exchange.
(8) "Commercial bait shrimp boat" means a boat that is required
to be numbered or registered under the laws of the United States
or of this state and that is used for the purpose of catching or
assisting in catching shrimp for use as bait and other edible
aquatic products from the inside water of the state for pay or
for the purpose of sale, barter, or exchange.
(9) Repealed by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff.
Sept. 1, 1997.
(10) "Bait-shrimp dealer" means a person who operates an
established place of business in a coastal county of the state
for compensation or profit for the purpose of handling shrimp
caught for use as bait from the inside water of this state, but
does not include a person holding a wholesale fish dealer's
license under Section 47.009 of this code.
(11) "Individual bait-shrimp trawl" means a trawl, net, or rig
used for the purpose of catching shrimp for one's own personal
use.
(12) "Second offense" and "third and subsequent offenses" mean
offenses for which convictions have been obtained within three
years prior to the date of the offense charged.
(13) "Contiguous zone," means that area of the Gulf of Mexico
lying adjacent to and offshore of the jurisdiction of the State
of Texas and in which shrimp of the genus Penaeus are found.
(14) "Bait bays" includes major bays, Copano Bay east of a line
running from Rattlesnake Point to the northeastern boundary of
the Bayside township, Nueces Bay from the bridge at State Highway
181 west to the second overhead power line dissecting the bay,
Upper Laguna Madre, Baffin Bay, Alazan Bay, Carlos Bay, Baroom
Bay, Lower Laguna Madre, and the Gulf Intracoastal Waterway
exclusive of all tributaries.
(15) "Nursery areas" includes tributary bays, bayous, inlets,
lakes, and rivers, which are proven to serve as significant
growth and development environments for postlarval and juvenile
shrimp not including the outside waters, major bays, or bait bays
as defined in this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, Sec.
20(a), eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1297, ch.
600, Sec. 1, 2, eff. Aug. 27, 1979; Acts 1997, 75th Leg., ch.
1256, Sec. 130, eff. Sept. 1, 1997.
Sec. 77.002. LICENSE FEES. (a) License fees provided in this
chapter are a privilege tax on catching, buying, selling,
unloading, transporting, or handling shrimp within the
jurisdiction of this state.
(b) The shrimp marketing account is an account in the general
revenue fund to be used by the Department of Agriculture solely
for the purpose of the Texas shrimp marketing assistance program
established under Subchapter B, Chapter 47, Agriculture Code.
The account consists of funds deposited to the account under this
section. The account is exempt from the application of Section
11.032 of this code and Section 403.095, Government Code.
(c) Except as provided by Sections 47.021 and 77.049, in
addition to fee increases the department is authorized to make
under this code, the department shall increase by 10 percent the
fee, as of September 1, 2003, for the following licenses and
shall deposit the amount of the increase to the credit of the
shrimp marketing account:
(1) a wholesale fish dealer's license issued under Section
47.009;
(2) a wholesale truck dealer's fish license issued under Section
47.010;
(3) a retail fish dealer's license issued under Section 47.011;
(4) a retail dealer's truck license issued under Section 47.013;
(5) a commercial bay shrimp boat license issued under Section
77.031; and
(6) a commercial gulf shrimp boat license issued under Section
77.035.
(d) Money in the shrimp marketing account may be used only for
implementing, maintaining, and conducting, including hiring
program staff employees for, the Texas shrimp marketing
assistance program created under Subchapter B, Chapter 47,
Agriculture Code. The Department of Agriculture may allocate not
more than $100,000 per fiscal year of the money in the account to
cover administrative and personnel costs of the Department of
Agriculture associated with the program.
(e) The department shall deposit at the end of each quarter to
the credit of the shrimp marketing account, fees received under
Subsection (c) for use by the Department of Agriculture to
conduct and operate the Texas shrimp marketing assistance program
created under Subchapter B, Chapter 47, Agriculture Code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 2003, 78th Leg., ch. 265, Sec. 8, eff. June
18, 2003; Acts 2003, 78th Leg., ch. 677, Sec. 6, eff. June 20,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1052, Sec. 7, eff. September 1, 2009.
Sec. 77.003. DISPOSITION OF FUNDS. Money received for licenses
issued under this chapter or fines for violations of this chapter
shall be remitted to the department by the 10th day of the month
following the date of collection.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 77.004. RESEARCH PROGRAM. (a) The department shall
conduct continuous research and study of:
(1) the supply, economic value, environment, and reproductive
characteristics of the various economically important species of
shrimp;
(2) factors affecting the increase or decrease in shrimp stocks
in both an annual and long-term cycle;
(3) the use and effectiveness of trawls, nets, and other devices
for the taking of shrimp;
(4) industrial and other pollution of the water naturally
frequented by shrimp;
(5) statistical information gathered by the department on the
marketing, harvesting, processing, and catching of shrimp landed
at points in the state;
(6) environmental parameters in the bay and estuary areas that
may serve as limiting factors of shrimp population abundance;
(7) other factors that, based on the best scientific information
available, may affect the health and well-being of the
economically important shrimp resources; and
(8) alternative management measures for shrimp that may be
considered for implementation in the management regime.
(b) The research may be conducted by the department or an agency
designated by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 633, Sec. 2, eff. June
14, 1985.
Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND RESOURCES.
(a) Using the shrimp management plan required by Section 77.007
and the research conducted under Section 77.004, the department
shall comprehensively study shrimp resources, including the
shrimp population, and the shrimp industry. The study shall
analyze:
(1) the status of the shrimp population in coastal water,
including the size and projected growth of shrimping beds;
(2) the economic health of the shrimp industry;
(3) the status of conservation measures, including department
regulations and license buybacks; and
(4) the status of marine resources and habitats affected by
shrimping.
(b) In conducting the study, the department shall solicit and
consider input from:
(1) the public;
(2) the shrimp industry;
(3) other businesses affected by the shrimp industry;
(4) any other persons interested in marine resources; and
(5) the comptroller regarding economic data.
(c) The department shall report on the status of the study to:
(1) the commission;
(2) the presiding officer of each house of the legislature; and
(3) the committees of each house of the legislature that have
primary oversight jurisdiction over the department.
(d) The department may repeat the study and report as necessary
to adequately regulate the shrimp industry and to preserve shrimp
resources.
(e) The commission shall base policies and rules relating to
shrimping on the results of the most recent study completed under
this section.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 45, eff. Sept. 1,
2001.
Sec. 77.007. REGULATION OF CATCHING, POSSESSION, PURCHASE, AND
SALE OF SHRIMP. (a) The commission by proclamation may regulate
the catching, possession, purchase, and sale of shrimp. A
proclamation issued under this section must contain findings by
the commission that support the need for the proclamation.
(b) In determining the need for a proclamation under Subsection
(a) of this section, the commission shall consider:
(1) measures to prevent overfishing while achieving, on a
continuing basis, the optimum yield for the fishery;
(2) measures based on the best scientific information available;
(3) measures to manage shrimp throughout their range;
(4) measures, where practicable, that will promote efficiency in
utilizing shrimp resources, except that economic allocation may
not be the sole purpose of the measures;
(5) measures, where practicable, that will minimize cost and
avoid unnecessary duplication in their administration; and
(6) measures which will enhance enforcement.
(c) A proclamation issued under Subsection (a) of this section
may limit the quantity and size of shrimp that may be caught,
possessed, sold, or purchased and may prescribe the times,
places, conditions, and means and manner of catching shrimp.
However, measures dealing with sale and purchase may only be
implemented at first sale or exchange transaction.
(d) A proclamation of the commission under this section prevails
over:
(1) any conflicting provision of this chapter to the extent of
the conflict; and
(2) a proclamation of the commission issued under the Wildlife
Conservation Act of 1983 (Chapter 61 of this code).
(e) A person who violates a proclamation issued under Subsection
(a) of this section commits an offense. An offense under this
section is punishable as provided by Subsection (a) of Section
77.020 of this code.
(f) The commission shall make no proclamation under this chapter
until it has approved and adopted a shrimp management plan and
economic impact analysis prepared by the department as provided
in Section 77.004 and unless such proclamation is shown to be
consistent with the shrimp management plan.
Added by Acts 1985, 69th Leg., ch. 633, Sec. 3, eff. June 14,
1985.
SUBCHAPTER B. PROVISIONS GENERALLY APPLICABLE TO SHRIMPING
Sec. 77.011. LICENSE REQUIREMENT. No person may operate in the
coastal water without obtaining the appropriate license, if
required, as prescribed in this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 77.014. METHOD OF TAKING COUNT. (a) An authorized
employee of the department shall take the count of shrimp in the
presence of the person possessing the shrimp.
(b) The employee shall select a minimum of three representative
samples for each 1,000 pounds or fraction of 1,000 pounds of
headless or heads-on shrimp being sampled.
(c) Each sample must weigh five pounds after draining at least
three minutes.
(d) The count per pound for the sample is determined by dividing
the number of specimens in the sample by five.
(e) The average count per pound for the entire quantity being
sampled is determined by totalling the count per pound for each
sample and dividing that total by the number of samples.
(f) The average count per pound as determined under this section
is prima facie evidence of the average count per pound of the
shrimp in the entire cargo or quantity of shrimp sampled.
(g) Headless and heads-on shrimp shall be sampled, weighed, and
counted separately.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 77.015. GRADATION AND PROCESSING. Shrimp found to be of
legal size under this chapter may subsequently be graded for size
for packaging, processing, or sale.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 77.0191. RETENTION OF REDFISH, SPECKLED SEA TROUT, AND
LIGHTNING WHELKS. (a) No person who is using a trawl for the
purpose of taking shrimp may retain a redfish, speckled sea
trout, or lightning whelk, also known as Busycon perversum
pulleyi, caught in the trawl.
(b) No person may retain a redfish, speckled sea trout, or
lightning whelk if the person is on board a boat licensed under
this chapter and if there is a shrimp trawl on board the boat.
Added by Acts 1983, 68th Leg., p. 3818, ch. 592, Sec. 1, eff.
Aug. 29, 1983. Amended by Acts 1999, 76th Leg., ch. 524, Sec. 1,
eff. Sept. 1, 1999.
Sec. 77.020. PENALTY. (a) A person who violates a provision of
this chapter except Section 77.024 or 77.061(a)(1) or who
violates a regulation adopted under this chapter commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) If it is shown at the trial of the defendant that the person
has been convicted once within five years before the trial date
of a violation of a provision of this chapter except Section
77.024 or 77.061(a)(1), or of a regulation adopted under this
chapter, the person is guilty of a Class B Parks and Wildlife
Code misdemeanor.
(c) If it is shown at the trial of the defendant that the person
has been convicted two or more times within five years before the
trial date of a violation of a provision of this chapter except
Section 77.024 or 77.061(a)(1), or of a regulation adopted under
this chapter, the person is guilty of a Class A Parks and
Wildlife Code misdemeanor.
(d) Section 12.109 and Subchapter D, Chapter 12, do not apply to
a violation of a rule adopted under this chapter related to the
display of a commercial shrimp boat license or a commercial
shrimp boat's documentation or registration number if another
violation of this chapter or a rule adopted under this chapter
does not exist at the time of the violation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 1465, ch. 641, Sec. 1,
eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 2166, ch. 506, Sec.
2, eff. June 12, 1981; Acts 1985, 69th Leg., ch. 267, art. 3,
Sec. 85, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec.
116, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1180, Sec. 1,
eff. Sept. 1, 2001.
Sec. 77.021. SEPARATE OFFENSE. Each day on which a violation
occurs constitutes a separate offense.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 77.022. RESPONSIBILITY FOR VIOLATION. (a) When a vessel
is involved in a violation of this chapter, the captain of the
vessel shall be considered primarily responsible for the
violation. A member of the crew of a vessel shall not be guilty
of a violation unless it also be charged that the member of the
crew acted in violation of the orders of the captain of the
vessel.
(b) The owner of a vessel involved in a violation of this
chapter may not be found guilty of the violation unless it is
charged and proved that the owner knowingly directed, authorized,
permitted, agreed to, aided, or acquiesced in the violation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1213, ch. 456, Sec.
13(i), eff. Sept. 1, 1975.
Sec. 77.024. OPERATION WITHOUT LICENSE. No person whose license
has been forfeited may do business without a new license or
possess another license for the period of forfeiture.
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. 86,
eff. Sept. 1, 1985.
Sec. 77.025. PERIOD OF LIMITATION. Except as provided in
Article 12.05, Code of Criminal Procedure, 1965, as amended, an
indictment or information for a violation of this chapter may be
presented within one year after the date of the commission of the
offense and not afterward.
Added by Acts 1975, 64th Leg., p. 1213, ch. 456, Sec. 13(j), eff.
Sept. 1, 1975.
SUBCHAPTER C. SHRIMP LICENSES
Sec. 77.031. COMMERCIAL BAY SHRIMP BOAT LICENSE. (a) No person
may operate a commercial bay shrimp boat for the purpose of
catching or assisting in catching shrimp and other edible aquatic
products from the inside water unless the owner has obtained a
commercial bay shrimp boat license.
(b) The fee for a commercial bay shrimp boat license is $170 or
an amount set by the commission, whichever amount is more. The
executive director may set a fee lower than $170 for licenses
issued from December 16, 1993, through August 31, 1994, and which
expire on August 31, 1994.
(c) An applicant for a commercial bay shrimp boat license must
submit to the department an affidavit that the applicant intends
to derive the major portion of his livelihood from the commercial
fishery and that he will maintain adequate facilities to conduct
the business.
(d) The fee for a commercial bay shrimp 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 $500 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 1975, 64th Leg., p. 1213, ch. 456, Sec.
13(g), eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 2012, ch.
789, Sec. 2, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1338,
ch. 277, Sec. 48, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch.
267, art. 2, Sec. 68, eff. Sept. 1, 1985; Acts 1985, 69th Leg.,
ch. 633, Sec. 4, eff. June 14, 1985; Acts 1987, 70th Leg., ch.
621, Sec. 6, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 365,
Sec. 25, eff. Dec. 16, 1993; Acts 1995, 74th Leg., ch. 931, Sec.
72, eff. June 16, 1995.
Sec. 77.033. COMMERCIAL BAIT-SHRIMP BOAT LICENSE. (a) No
person may operate a commercial bait-shrimp boat for the purpose
of catching or assisting in catching shrimp for use as bait only
and other edible aquatic products from the inside water unless
the owner of the boat has obtained a commercial bait-shrimp boat
license.
(b) The fee for a commercial bait-shrimp boat license is $170 or
an amount set by the commission, whichever amount is more.
(c) The fee for a commercial bait-shrimp 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 $500 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 1983, 68th Leg., p. 1338, ch. 277, Sec. 49,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
69, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 633, Sec. 5,
eff. June 14, 1985; Acts 1987, 70th Leg., ch. 621, Sec. 7, eff.
Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 365, Sec. 26, eff. Sept.
1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 73, eff. June 16,
1995.
Sec. 77.035. COMMERCIAL GULF SHRIMP BOAT LICENSE. (a) No
person may operate a commercial gulf shrimp boat for catching or
assisting in catching shrimp and other edible aquatic products
from the outside water, or have on board a boat, or unload, or
allow to be unloaded at a port or point in this state, shrimp and
other edible aquatic products caught or taken from the outside
water or from salt water outside the state without having been
previously unloaded in some other state or foreign country,
unless the owner of the boat has obtained a commercial gulf
shrimp boat license.
(b) The fee for a commercial gulf shrimp boat license is $250 or
an amount set by the commission, whichever amount is more.
(c) The fee for a commercial gulf shrimp 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 $1,000 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 1975, 64th Leg., p. 1213, ch. 456, Sec.
13(h), eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 1338, ch.
277, Sec. 50, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267,
art. 2, Sec. 70, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch.
633, Sec. 6, eff. June 14, 1985; Acts 1987, 70th Leg., ch. 621,
Sec. 8, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 365, Sec.
27, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 74,
eff. June 16, 1995.
Sec. 77.0351. COMMERCIAL SHRIMP BOAT CAPTAIN'S LICENSE. (a) No
captain of a licensed commercial shrimp boat may operate a
licensed commercial shrimp boat while catching or attempting to
catch shrimp from the public water of this state or unloading or
attempting to unload in this state shrimp and other aquatic
products taken from saltwater outside this state for pay or for
purposes of sale, unless the person holds a commercial shrimp
boat captain's license issued by the department.
(b) Except as provided by Subsection (c), the fee for a resident
commercial shrimp boat captain's license shall be no less than
$25 and no more than $50.
(c) The fee for a nonresident commercial shrimp boat captain's
license is $100 or an amount set by the commission, whichever
amount is more.
(d) In this section, "resident" and "nonresident" have the
meanings assigned by Section 47.001.
(e) Subchapter D, Chapter 12, does not apply to a violation of
this section if another violation of this chapter or a rule
adopted under this chapter does not exist at the time of the
violation.
Added by Acts 1995, 74th Leg., ch. 862, Sec. 7, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1180, Sec. 2, eff.
Sept. 1, 2001.
Sec. 77.0352. SALE OF CATCH. (a) The holder of a commercial
shrimp boat license may sell only the catch of shrimp from the
vessel to which the commercial shrimp boat license applies.
(b) The holder of a commercial shrimp boat license may sell
aquatic products other than shrimp if those aquatic products:
(1) were taken incidental to lawful shrimping on the vessel to
which the commercial shrimp boat license applies; and
(2) comply with all applicable provisions of this code or
commission regulations.
(c) The holder of a commercial shrimp boat captain's license may
sell only:
(1) the catch of shrimp from the vessel being operated by that
license holder; and
(2) aquatic products other than shrimp if those aquatic
products:
(A) were taken incidental to lawful shrimping; and
(B) comply with all applicable provisions of this code or
commission regulations.
(d) Subsection (c) does not authorize the sale of shrimp or
other aquatic products without the consent of the owner of the
vessel used to make the catch.
(e) No person, including a crew member of a licensed commercial
shrimp boat, may sell the catch of shrimp or other aquatic
products taken incidental to the legal shrimping operation,
except as provided by this section.
Added by Acts 1995, 74th Leg., ch. 862, Sec. 7, eff. Sept. 1,
1995.
Sec. 77.036. OFFICIAL REGISTRATION. (a) An applicant for a
commercial shrimp boat license, which is not a renewal of the
previous year's license, issued under this subchapter must submit
to the department the boat's United States Coast Guard
certificate of documentation or the Texas certificate of number
for a vessel or other state's certificate of number for a
motorboat.
(b) The certificate of license issued by the department for a
commercial shrimp boat must contain the name of the boat if the
boat is registered with the United States Coast Guard and the
number appearing on the United States Coast Guard certificate of
documentation or the Texas or other state's certificate of
number.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1987, 70th Leg., ch. 621, Sec. 9, eff.
Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 365, Sec. 28, eff. Sept.
1, 1993; Acts 1993, 73rd Leg., ch. 450, Sec. 25, eff. Sept. 1,
1993.
Sec. 77.0361. LICENSE EXPIRATIONS AND TRANSFERS. (a) All
licenses issued under the authority of Chapter 77 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 issued under the authority of this chapter may
not be transferred to another person or vessel except as provided
by Subsection (c) or by Section 77.113. A license issued under
the authority of Section 77.043 in the name of a business remains
valid for the business location specified on the license if a
change of ownership or business name occurs. A license issued
under the authority of Section 77.035 may be transferred to
another vessel or to the new owner of the same vessel.
(c) The commission, by regulation, may prescribe requirements
necessary for license transfers and may prescribe, by regulation,
forms to be used and fees to be charged for transfers of licenses
in this chapter, for duplicate license plates, or for duplicate
or replacement licenses.
Added by Acts 1993, 73rd Leg., ch. 365, Sec. 29, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 339, Sec. 3, eff. June
8, 1995; Acts 1995, 74th Leg., ch. 931, Sec. 75, eff. June 16,
1995; Acts 1997, 75th Leg., ch. 1256, Sec. 117, eff. Sept. 1,
1997.
Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp boat
license issued under this subchapter may be transferred on the
application of the licensee from a boat that has been destroyed
or lost to a boat acquired by the licensee as a replacement. The
commission, by regulation, may prescribe requirements necessary
to clarify license transfer procedures and may prescribe, by
regulation, forms to be used and fees to be charged for transfer
of licenses authorized by this subsection.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 30, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 118, eff.
Sept. 1, 1997.
Sec. 77.039. LICENSE DESIGN. (a) A commercial shrimp boat
license issued under this subchapter must be a sign or emblem at
least 32 square inches in size and be constructed of a durable
material.
(b) The character and design of each class of commercial shrimp
boat license issued under this subchapter must be
distinguishable.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Amended by:
Acts 2005, 79th Leg., Ch.
107, Sec. 1, eff. May 20, 2005.
Sec. 77.040. OTHER LICENSES REQUIRED. (a) A person holding a
commercial shrimp boat license under this subchapter is not
required to obtain a commercial fishing boat license under
Section 47.007 of this code.
(b) The captain of a commercial shrimp boat who holds a
commercial shrimp boat captain's license and each paid member of
the crew of a boat having a commercial shrimp boat license issued
under this subchapter are not required to have a general
commercial fisherman's license issued under Section 47.002 of
this code, a commercial finfish fisherman's license issued under
Section 47.003 of this code, or a bait dealer's license issued
under Section 47.014 of this code to catch and unload aquatic
products lawfully taken incidental to lawful shrimping.
(c) The captain and each crew member of a licensed commercial
shrimp boat must possess and produce on request to any
enforcement officer proof of the person's identity.
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. 4, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1399, ch.
623, Sec. 9, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 365,
Sec. 31, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 862, Sec.
8, eff. Sept. 1, 1995.
Sec. 77.043. BAIT-SHRIMP DEALER LICENSE. (a) No person may
engage in business as a bait-shrimp dealer unless he has obtained
a bait-shrimp dealer's license from the department for each bait
stand or place of business he maintains.
(b) The fee for a bait-shrimp dealer's license is $60 or an
amount set by the commission, whichever amount is more.
(c) A bait-shrimp dealer's license expires August 31 following
the date of issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1339, ch. 277, Sec. 52,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
72, eff. Sept. 1, 1985.
Sec. 77.044. ISSUANCE OF BAIT-SHRIMP DEALER'S LICENSE. (a) The
department shall issue a bait-shrimp dealer's license only after
it has determined that the applicant for the license is a bona
fide bait-shrimp dealer.
(b) A bait-shrimp dealer's license may not be held by a person
who also holds a wholesale fish dealer's license.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 119, eff.
Sept. 1, 1997.
Sec. 77.045. RIGHTS AND DUTIES OF BAIT-SHRIMP DEALER. (a) The
holder of a bait-shrimp dealer's license may sell, purchase, and
handle shrimp, minnows, fish, and other forms of aquatic life for
sale or resale for fish bait purposes in the coastal counties of
this state.
(b) The holder of a bait-shrimp dealer's license is not required
to obtain a bait dealer's license issued under Section 47.014 of
this code unless he engages in the business in a county other
than a coastal county.
(c) Repealed by Acts 1981, 67th Leg., p. 2693, ch. 730, Sec. 2,
eff. Aug. 31, 1981.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2692, ch. 730, Sec. 2,
eff. Aug. 31, 1981.
Sec. 77.046. EXEMPTIONS FROM BAIT-SHRIMP DEALER'S LICENSE. A
bait-shrimp dealer's license is not required for:
(1) grocery stores in coastal counties which do not unload or
purchase shrimp directly from commercial bait-shrimp boats;
(2) bait dealers in coastal counties who do not sell or offer
for sale or handle shrimp for sale or resale for bait purposes,
but these dealers must have a bait-dealer's license issued under
Section 47.014 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 77.048. INDIVIDUAL BAIT-SHRIMP TRAWL LICENSE. (a) No
person may possess or have on board a boat in coastal water an
individual bait-shrimp trawl unless the owner of the trawl has
obtained an individual bait-shrimp trawl license from the
department.
(b) The fee for the individual bait-shrimp trawl license is $15
or an amount set by the commission, whichever amount is more.
(c) The individual bait-shrimp trawl license expires on August
31 following the date of issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1983, 68th Leg., p. 1339, ch. 277, Sec. 53,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.
73, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 633, Sec. 7,
eff. June 14, 1985.
For expiration of this section, see Subsection (b).
Sec. 77.049. LICENSE FEES. (a) Fees for licenses issued under
Sections 77.031 and 77.035 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. 10, eff. June 18,
2003; Acts 2003, 78th Leg., ch. 677, Sec. 8, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
360, Sec. 2, eff. August 29, 2005.
Acts 2005, 79th Leg., Ch.
1303, Sec. 2, eff. August 29, 2005.
Acts 2007, 80th Leg., R.S., Ch.
756, Sec. 2, eff. August 29, 2007.
Acts 2007, 80th Leg., R.S., Ch.
999, Sec. 2, eff. August 29, 2007.
Acts 2009, 81st Leg., R.S., Ch.
281, Sec. 2, eff. May 30, 2009.
SUBCHAPTER D. SHRIMPING IN OUTSIDE WATER
Sec. 77.061. GENERAL CLOSED SEASON. (a) Except as specifically
provided in this subchapter, no person may catch shrimp in
outside water:
(1) from June 1 to July 15, both dates inclusive, or during a
period provided under Section 77.062 of this code, as applicable;
or
(2) extending from the coastline of Texas up to and including
seven fathoms in depth from December 16 of each year to February
1 of the following year, both dates inclusive, unless taking sea
bobs.
(b) Notwithstanding the provisions of Subchapter E, Chapter 12,
of this code, a person who violates Subdivision (1) of Subsection
(a) of this section or Section 77.024 of this code commits an
offense and on conviction is punishable by a fine of not less
than $2,500 nor more than $5,000, by confinement in the county
jail for not less than six months nor more than one year, or by
both.
(c) Except as provided in this section, the presence of a shrimp
trawl (excluding doors) not stored within the confines of the
hull of a vessel in outside water during the closed period
provided by Subdivision (1) of Subsection (a) of this section is
prima facie evidence of a violation of this section.
(d) Subsection (c) of this section does not apply to a licensed
commercial gulf shrimp boat within one-fourth mile of jetties
when the vessel is in direct transit to open water to catch white
shrimp as provided in Section 77.065, Parks and Wildlife Code, as
amended.
(e) A commercial shrimp boat operating in the outside water
during the closed season as provided by Subdivision (1) of
Subsection (a) of this section shall display its documentation
number issued by the United States Coast Guard for documented
vessels or a registration number issued by a state on the port
and starboard sides of the deckhouse or hull and on an
appropriate weather deck so as to be clearly visible from
enforcement vessels and aircraft. This number shall be
permanently attached or painted on the vessel in block Arabic
numerals in contrasting color to the background and at least 18
inches in height on vessels over 65 feet in length or at least 10
inches in height for all other vessels.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, Sec.
20(b), eff. Sept. 1, 1975; Acts 1981, 67th Leg., p. 2165, ch.
506, Sec. 1, eff. June 12, 1981; Acts 1985, 69th Leg., ch. 267,
art. 3, Sec. 87, eff. Sept. 1, 1985.
Sec. 77.062. CHANGE IN GENERAL CLOSED SEASON. Based on sound
biological data, the commission may change the opening and
closing dates of the June 1 to July 15 closed season to provide
for an earlier, later, or longer season not to exceed 60 days.
The commission may change the closing date with 72 hours public
notice and may reopen the season with 24 hours notice. The
commission may delegate to the director the duties and
responsibilities of opening and closing the shrimping season
under this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, Sec.
20(b), eff. Sept. 1, 1975.
Sec. 77.063. GENERAL LIMITATION ON NETS. (a) Repealed by Acts
1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.
(b) When restrictions are imposed on either or both the size and
number of main trawls, no person may use a try net in outside
water exceeding 21 feet in width as measured along an
uninterrupted corkline from leading tip of door to leading tip of
door and having doors or boards that exceed 450 square inches
each or a beam trawl exceeding 10 feet in width as measured along
the beam of a beam trawl in its fully extended position.
(c) This section does not apply to the taking of sea bobs.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1979, 66th Leg., p. 1092, ch. 511, Sec. 1,
eff. June 11, 1979; Acts 1997, 75th Leg., ch. 1256, Sec. 130,
eff. Sept. 1, 1997.
Sec. 77.071. REGULATIONS IN CONTIGUOUS ZONE. (a) Repealed by
Acts 1987, 70th Leg., ch. 217, Sec. 2, eff. Sept. 1, 1987.
(b) The department may negotiate reciprocal agreements with
another state with respect to the application of one state's
shrimping regulations in its contiguous zone to citizens of the
other state.
Added by Acts 1975, 64th Leg., p. 1221, ch. 456, Sec. 20(f), eff.
Sept. 1, 1975. Amended by Acts 1987, 70th Leg., ch. 217, Sec. 2,
eff. Sept. 1, 1987.
Sec. 77.072. SHRIMP SIZE EXCEPTION. Minimum size restrictions
as provided in Chapter 77, Parks and Wildlife Code, as amended,
do not apply to shrimp taken from outside waters when:
(1) the Gulf of Mexico Fishery Management Council's Fishery
Management Plan for the Shrimp Fishery of the Gulf of Mexico is
in effect; and
(2) such plan as described in Subsection (a) of this section
restricts the taking of shrimp in the Fishery Conservation Zone
contiguous to the outside waters of Texas, to conform with the
Texas closed Gulf season as defined in Sections 77.061(1) and
77.062 of this code.
Added by Acts 1981, 67th Leg., p. 452, ch. 187, Sec. 1, eff. May
25, 1981.
SUBCHAPTER F. BAY SHRIMP LICENSE MANAGEMENT
Sec. 77.111. SHRIMP LICENSE MANAGEMENT PROGRAM. For the
purposes of promoting efficiency and economic stability in the
shrimping industry and of conserving economically important
shrimp resources, the department shall implement a shrimp license
management program in accordance with the shrimp management plan
adopted by the commission under Section 77.007 and as prescribed
by this subchapter.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.112. ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT
SHRIMP BOAT LICENSES. (a) After August 31, 1995, the department
may not issue a new commercial bay or bait shrimp boat license
unless the person seeking to obtain the license documents to the
satisfaction of the department that the vessel for which the
license is sought:
(1) is owned by the person;
(2) was under construction and at least 50 percent completed on
April 1, 1995; and
(3) is intended to be licensed and used as a commercial bay or
bait shrimp boat.
(b) For the license year ending August 31, 1996, the department
may renew a commercial bay or bait shrimp boat license only if
the person seeking renewal of the license:
(1) owns the commercial bay or bait shrimp boat for which the
license renewal is sought; and
(2) held the license to be renewed on April 1, 1995, or, after
that date, obtained the license to be renewed by a transfer
authorized by Section 77.113.
(c) After August 31, 1996, the commission may renew a commercial
bay or bait shrimp boat license only if the person seeking to
renew the license:
(1) owns the commercial bay or bait shrimp boat for which the
license renewal is sought; and
(2) held the license to be renewed during the preceding license
year.
(d) An applicant for a new or renewed commercial bay or bait
shrimp boat license for a vessel that is required by United
States Coast Guard rules to be documented by the United States
Coast Guard must submit to the department with the license
application the United States Coast Guard certificate of
documentation for the vessel.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.113. LICENSE TRANSFER. (a) Except as provided by this
section, a commercial bay or bait shrimp boat license may not be
transferred from one person to another before September 1, 1999.
(b) A commercial bay or bait shrimp boat license may be
transferred at any time, by sale or otherwise:
(1) between holders of a commercial bay or bait shrimp boat
license;
(2) between a holder of a commercial bay or bait shrimp boat
license and a historical shrimp boat captain as defined by the
shrimp license management review board and approved by the
executive director; or
(3) to an heir or devisee of the deceased holder of the
commercial bay or bait shrimp boat license, but only if the heir
or devisee is a person who in the absence of a will would be
entitled to all or a portion of the deceased's property.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.114. LIMIT ON NUMBER OF LICENSES HELD; DESIGNATED
LICENSE HOLDER. (a) Except as provided by Subsection (b), no
person may hold or directly or indirectly control more than four
commercial bay and four commercial bait shrimp boat licenses.
(b) A person who qualifies to renew a license under Section
77.112 on September 1, 1995, may hold each license renewed and
after that date may retain and renew the licenses until the
licenses are transferred, not renewed, or revoked. A person may
not hold or renew more than four commercial bay and four
commercial bait shrimp boat licenses under this subsection after
August 31, 2002.
(c) A commercial bay or bait shrimp boat license must be issued
to an individual. A person other than an individual who wishes to
retain or seeks to renew a license of either type must designate
an individual to whom the license will be issued.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.115. TRANSFER FEE. The commission may set a fee for the
transfer of a commercial bay or bait shrimp boat license. The
amount of the transfer fee may not exceed the amount of the
license fee for the license being transferred.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.116. LENGTH AND ENGINE LIMITS; VESSEL UPGRADE. (a)
Except as provided by Subsection (d), a vessel licensed as a
commercial bay or bait shrimp boat may not:
(1) have an engine that is rated by the manufacturer of the
engine at more than 400 horsepower; or
(2) exceed 60 feet in length.
(b) A vessel licensed as a commercial bay or bait shrimp boat
may not be lengthened or have the engine horsepower increased
more than once after September 1, 1995.
(c) A vessel may not be lengthened by more than 15 percent of
the vessel's length.
(d) The license for a vessel that on September 1, 1995, is
licensed as a commercial bay or bait shrimp boat and exceeds the
length or horsepower limit set by Subsection (a) may be renewed,
but the vessel may not be lengthened or have the horsepower of
the vessel increased. If the vessel is replaced, the replacement
vessel must meet the engine and length requirements described in
Subsection (a).
(e) For purposes of this section, vessel length shall be
determined according to United States Coast Guard specifications
in effect on September 1, 1995.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.117. LICENSE SUSPENSION AND REVOCATION. (a) The
executive director, after notice and the opportunity for a
hearing, may suspend a commercial bay or bait shrimp boat license
if the license holder or any other operator of the licensed
vessel is convicted of one or more flagrant offenses totalling
three flagrant offenses for the licensed vessel. The suspension
may be for:
(1) six months, if:
(A) the date of each offense is within a 24-consecutive-month
period beginning not earlier than September 1, 1995; and
(B) the license holder has not previously had a commercial bay
or bait shrimp boat license suspended under this section; or
(2) 12 months, if the date of each offense is within a
24-consecutive-month period and the license holder has previously
had a commercial bay or bait shrimp boat license suspended under
this section.
(b) Except as provided by Subsection (c), a license suspension
under this section does not affect the license holder's
eligibility to renew the license after the suspension expires.
(c) The executive director, after notice and the opportunity for
a hearing, may permanently revoke a commercial bay or bait shrimp
boat license if:
(1) the license holder has previously had a commercial bay or
bait shrimp boat license suspended twice under this section;
(2) the license holder or any other operator of the licensed
vessel is convicted of one or more flagrant offenses totalling
three flagrant offenses for the licensed vessel; and
(3) the date of each offense is in a 24-consecutive-month period
beginning not earlier than the date of the most recent previous
suspension under this section.
(d) For purposes of this section, a flagrant offense includes:
(1) trawling in a nursery area in violation of this code or of a
proclamation of the commission issued under this code;
(2) shrimping longer than 30 minutes before or 30 minutes after
legal shrimping hours prescribed by this code or by a
proclamation of the commission issued under this code;
(3) exceeding possession limits, in violation of this code or of
a proclamation of the commission issued under this code, by 100
or more pounds;
(4) exceeding legal net size, in violation of this code or of a
proclamation of the commission issued under this code, by five
feet or more; or
(5) falsifying information required by this subchapter or a
commission rule adopted under this subchapter for the issuance of
a commercial bay or bait shrimp boat license.
(e) The same flagrant offense may not be counted for more than
one suspension under this section.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.118. SHRIMP LICENSE MANAGEMENT REVIEW BOARD. (a) The
holders of commercial bay and bait shrimp boat licenses shall
elect a shrimp license management review board of nine members.
(b) A member of the review board must be a holder of a
commercial bay or bait shrimp boat license.
(c) The nine members of the review board must be selected to
reflect the following geographical distribution according to the
county of residence specified on the member's commercial bay or
bait shrimp boat license:
(1) one member representing Orange, Jefferson, Chambers, and
Harris counties;
(2) two members representing Galveston County;
(3) two members representing Brazoria and Matagorda counties;
(4) three members representing Calhoun, Aransas, Nueces, San
Patricio, and Refugio counties; and
(5) one member representing Kleberg, Cameron, and Willacy
counties.
(d) The review board shall advise the commission and department
and make recommendations concerning the administrative aspects of
the shrimp license management program, including hardship and
appeal cases concerning eligibility, license transfer, license
renewal, license suspension, license revocation, and vessel
length and engine changes.
(e) The executive director shall adopt procedures for the
election and operation of the review board. The executive
director shall solicit and consider recommendations from the
commercial bay and bait shrimp boat license holders regarding the
procedures.
(f) The review board is not subject to Article 6252-33, Revised
Statutes.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.119. LICENSE BUYBACK PROGRAM. (a) The department shall
implement a license buyback program as part of the shrimp 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
shall consult with the shrimp license management review board
concerning establishment of the criteria.
(c) The commission shall retire each license purchased under the
license buyback program until the commission finds that
management of the shrimp fishery allows reissue of those licenses
through auction or lottery.
(d) A person whose license is selected by the department to be
purchased under the license buyback program shall be required to
execute a contract that includes the following terms:
"Section 40.251, Natural Resources Code, provides that any person
who intentionally leaves, abandons, or maintains any vessel in a
wrecked, derelict, or substantially dismantled condition in
violation of Section 40.108, Natural Resources Code, shall be
guilty of a Class A misdemeanor. Further, a person who leaves,
abandons, or maintains a derelict vessel in violation of Section
40.108, Natural Resources Code, shall be subject to a civil
penalty of not less than $100 or more than $10,000 per violation
for each day of violation, not to exceed a maximum of $125,000
pursuant to Section 40.251(f), Natural Resources Code. I agree
not to abandon or dispose of any vessel in violation of state
law. I further acknowledge that money paid to me under the
license buyback program may be forfeited to the coastal
protection fund established by Section 40.151, Natural Resources
Code, if the commissioner of the General Land Office finds that
the vessel to which the license applied was abandoned in
violation of Section 40.108, Natural Resources Code."
(e) The commissioner of the General Land Office may order the
forfeiture of any money paid to a person under the license
buyback program if the commissioner finds that the vessel to
which the license applied was abandoned by the person in
violation of Section 40.108, Natural Resources Code. Any money
forfeited under this section shall be deposited to the credit of
the coastal protection fund established by Section 40.151,
Natural Resources Code.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
216, Sec. 6, eff. September 1, 2005.
Sec. 77.120. SHRIMP LICENSE BUYBACK ACCOUNT; FEE INCREASE. (a)
The shrimp license buyback account is a separate account in the
general revenue fund. The account consists of money deposited to
the account under this section. Sections 403.094 and 403.095,
Government Code, do not apply to the account.
(b) The department may accept grants and donations of money or
materials from private or public sources to be applied to the
shrimp license buyback account.
(c) In addition to fee increases the department is authorized to
make under this code, the department shall increase by 15
percent, but not by an amount that exceeds $25, the fee for the
following licenses and shall deposit the amount of the increase
to the credit of the shrimp license buyback account:
(1) a bait-shrimp dealer's license issued under Section 77.043;
(2) a wholesale fish dealer's license issued under Section
47.009;
(3) a wholesale truck dealer's fish license issued under Section
47.010;
(4) a retail fish dealer's license issued under Section 47.011;
(5) a retail dealer's truck license issued under Section 47.013;
(6) a commercial bait-shrimp boat license issued under Section
77.033;
(7) a commercial bay shrimp boat license issued under Section
77.031; and
(8) a commercial gulf shrimp boat license issued under Section
77.035.
(d) The department shall deposit to the credit of the shrimp
license buyback account transfer fees received under Section
77.115.
(e) Money in the shrimp license buyback account may be used only
to buy back from a willing license holder a commercial bay or
bait shrimp boat license.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
570, Sec. 3, eff. September 1, 2007.
Sec. 77.121. 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.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.122. REPORT TO LEGISLATURE. Not later than January 1,
1999, the department shall report to the governor and each member
of the legislature an overview of the administration and status
of the shrimp license management program, including the
biological, sociological, and economic effects of the program.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
Sec. 77.123. PREVAILING AUTHORITY. A proclamation of the
commission under this subchapter prevails over any conflicting
provision of this chapter to the extent of the conflict.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,
1995.
SUBCHAPTER G. GULF SHRIMP LICENSE MORATORIUM
Sec. 77.151. GULF SHRIMP LICENSE MORATORIUM PROGRAM. The
department shall implement a gulf shrimp license moratorium
program to promote efficiency and economic stability in the gulf
shrimping industry.
Added by Acts 2005, 79th Leg., Ch.
107, Sec. 3, eff. May 20, 2005.
Sec. 77.152. ISSUANCE AND RENEWAL OF COMMERCIAL GULF SHRIMP BOAT
LICENSES. (a) After August 31, 2005, the department may not
issue or renew a commercial gulf shrimp boat license unless the
person seeking to obtain or renew the license documents to the
satisfaction of the department that the vessel for which the
license is sought:
(1) is owned by the person;
(2) was licensed as a gulf shrimp boat on the day the renewal
was sought or at the end of the licensing period immediately
preceding the period for which the license is sought; and
(3) is intended to be licensed and used as a commercial gulf
shrimp boat.
(b) An applicant for a new or renewed commercial gulf shrimp
boat license for a vessel must submit to the department with the
license application:
(1) the United States Coast Guard certificate of documentation
for the vessel, if the vessel is required by United States Coast
Guard rules to be documented; and
(2) the certificate of number for the vessel as required by
Chapter 31.
Added by Acts 2005, 79th Leg., Ch.
107, Sec. 3, eff. May 20, 2005.
Sec. 77.153. GULF SHRIMP LICENSE MORATORIUM REVIEW BOARD. (a)
The holders of commercial gulf shrimp boat licenses shall elect a
gulf shrimp license moratorium review board of nine members.
(b) A member of the review board must be a holder of a
commercial gulf shrimp boat license.
(c) The nine members of the review board must be selected to
reflect the following geographical distribution according to the
county of residence specified on the member's commercial gulf
shrimp boat license:
(1) two members representing Orange, Jefferson, Chambers, and
Harris Counties;
(2) one member representing Galveston County;
(3) two members representing Brazoria and Matagorda Counties;
(4) two members representing Calhoun, Aransas, Nueces, San
Patricio, and Refugio Counties; and
(5) two members representing Kleberg, Cameron, and Willacy
Counties.
(d) The review board shall advise the commission and department
and make recommendations concerning the administrative aspects of
the gulf shrimp license moratorium program, including hardship
and appeal cases concerning eligibility.
(e) The executive director shall adopt procedures for the
election and operation of the review board. The executive
director shall solicit and consider recommendations from the
commercial gulf shrimp boat license holders regarding the
procedures and the continued need for the board.
(f) The review board is not subject to Chapter 2110, Government
Code.
Added by Acts 2005, 79th Leg., Ch.
107, Sec. 3, eff. May 20, 2005.
Sec. 77.154. 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.
Added by Acts 2005, 79th Leg., Ch.
107, Sec. 3, eff. May 20, 2005.
Sec. 77.155. REPORT OF PROGRAM STATUS. (a) Not later than
January 1, 2010, the department shall report to an advisory
committee appointed by the presiding officer of the commission to
address issues relating to gulf shrimp in this state.
(b) The report under Subsection (a) must include an overview of
the administration and status of the program established under
this subchapter and information concerning the s