PARKS AND WILDLIFE CODE
CHAPTER 47. COMMERCIAL FISHING LICENSES
SUBCHAPTER A. LICENSES
§ 47.001. DEFINITIONS. In this chapter:
(1) "Commercial fisherman" means a person who for pay
or for the purpose of sale, barter, or exchange or any other
commercial purpose:
(A) catches aquatic products from the water of
this state except finfish from the tidal waters of this state; or
(B) unloads in this state aquatic products that:
(i) were taken from water outside this
state; and
(ii) have not been previously unloaded in
another state or a foreign country.
(2) "Commercial finfish fisherman" means a person who
catches finfish from the tidal waters of this state for pay or for
the purpose of sale, barter, exchange, or any other commercial
purpose. The term does not include a person who:
(A) holds an individual bait dealer's license
issued under this chapter;
(B) is in a vessel licensed under this chapter as
a menhaden boat and who takes menhaden; or
(C) takes minnows for bait only.
(3) "Wholesale fish dealer" means a person who
operates a place of business for selling, offering for sale,
canning, preserving, processing, or handling for shipments or sale
aquatic products to retail fish dealers, hotels, restaurants,
cafes, consumers, or other wholesale fish dealers. The term does
not include the holder of a bait-shrimp dealer's license.
(4) "Retail fish dealer" means a person who operates a
place of business for selling or offering for sale to a consumer
aquatic products, other than aquatic products that are sold by
restaurants for and ready for immediate consumption in individual
portion servings and that are subject to the limited sales or use
tax. For purposes of this subsection, "consumer" does not include a
wholesale fish dealer or a hotel, restaurant, cafe, or other retail
fish dealer.
(5) "Bait dealer" means a person who catches and sells
minnows, fish, shrimp, or other aquatic products for bait or a place
of business where minnows, fish, shrimp, or other aquatic products
are sold, offered for sale, handled, or transported for sale for
bait.
(6) "Fishing guide" means a person who, for
compensation, accompanies, assists, or transports a person or
persons engaged in fishing in the water of this state.
(7) "Tidal water" means all the salt water of this
state, including that portion of the state's territorial water in
the Gulf of Mexico within three marine leagues from shore.
(8) "Nontidal water" means all the water of this state
excluding tidal water.
(9) "Place of business" means a permanent structure on
land or a motor vehicle required to be registered under Section
502.002, Transportation Code, where aquatic products or orders for
aquatic products are received or where aquatic products are sold or
purchased but does not include a boat or any type of floating
device, a public cold storage vault, the portion of a structure that
is used as a residence, or a vehicle from which no orders are taken
or no shipments or deliveries are made other than to the place of
business of a licensee in this state.
(10) "Menhaden fish plant" means a fixed installation
on land designed, equipped, and used to process fish and the
by-products of fish by the application of pressure, heat, or
chemicals or a combination of pressure, heat, and chemicals to raw
fish to convert the raw fish into fish oil, fish solubles, fish
scraps, or other products.
(11) "Red drum" means the species Sciaenops ocellata,
commonly called "redfish."
(12) "Resident" means an individual who has resided
continuously in this state for more than six months immediately
before applying for a license required by this chapter from the
department.
(13) "Nonresident" means an individual who is not a
resident.
(14) "Finfish" means those living natural resources
having either cartilaginous or bony skeletons (Chondrichthyes and
Osteichthyes).
(15) "Permanent structure" means a building designed,
planned, and constructed so as to remain at one location.
(16) "Aquatic product" means any live or dead,
uncooked, fresh or frozen aquatic animal life.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 214, ch. 105, § 2, eff. Sept.
1, 1977; Acts 1977, 65th Leg., p. 720, ch. 270, § 1, eff. Sept.
1, 1977; Acts 1979, 66th Leg., p. 550, ch. 260, art. 4, § 1, eff.
Sept. 1, 1979; Acts 1979, 66th Leg., p. 1398, ch. 623, § 5, 6,
eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 924, ch. 339, § 1,
eff. June 10, 1981; Acts 1987, 70th Leg., ch. 29, § 1, 2, eff.
April 22, 1987; Acts 1989, 71st Leg., ch. 255, § 14, eff. July
31, 1989; Acts 1991, 72nd Leg., ch. 301, § 3, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 723, § 1, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 365, § 5, 6, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 862, § 1, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 165, § 30.233, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1256, § 54, eff. Sept. 1, 1997; Acts 1999, 76th Leg.,
ch. 455, § 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 859,
§ 1, eff. Sept. 1, 2003.
§ 47.002. GENERAL COMMERCIAL FISHERMAN'S
LICENSE. (a) No person may engage in business as a commercial
fisherman unless he has obtained a general commercial fisherman's
license.
(b) The license fee for a general commercial fisherman's
license is $15 or an amount set by the commission, whichever amount
is more.
(c) The license fee for a nonresident general commercial
fisherman's license is $100 or an amount set by the commission,
whichever amount is more. A nonresident who is residing in a state
that denies the privilege of commercial fishing in that state to a
Texas resident because of residency status is not eligible for a
nonresident general commercial fisherman's license.
(d) A person who is in a vessel licensed under this chapter
as a menhaden boat and who takes menhaden is not required to obtain
or possess a general commercial fisherman's license.
(e) A person who catches or assists in catching shrimp on a
vessel licensed as a commercial shrimp boat under Chapter 77 is not
required to obtain or possess a general commercial fisherman's
license. The exemption provided by this section applies even
though aquatic life other than shrimp are caught if that catching is
incidental to lawful shrimping.
(f) A person who takes or assists in taking oysters on a
vessel licensed as a commercial oyster boat under Chapter 76 is not
required to obtain or possess a general commercial fisherman's
license.
(g) A person who is licensed as a bait dealer under this
chapter is not required to obtain or possess a general commercial
fisherman's license if the person is catching bait only.
(h) A person who engages in or assists in commercial crab
fishing under Subchapter B, Chapter 78, and who holds a license for
that activity is not required to obtain or possess a general
commercial fisherman's license or a commercial fishing boat
license.
(i) A person who engages in commercial finfish fishing under
Subchapter D and who holds a commercial finfish fisherman's license
issued under Subchapter D in their immediate possession is not
required to obtain or possess a general commercial fisherman's
license.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 1398, ch. 623, § 7, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 2542, ch. 676, art. 1, § 1,
eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1332, ch. 277, § 24,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 36,
eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 862, § 2, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1256, § 128, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 455, § 2, eff. Sept. 1, 1999.
§ 47.003. COMMERCIAL FINFISH FISHERMAN'S LICENSE.
Acts 1999, 76th Leg., ch. 455, § 11 repeals this section
effective on the date of a proclamation issued by the Parks and
Wildlife Commission under Subchapter D, Chapter 47, Parks and
Wildlife Code, establishing requirements for a commercial finfish
fisherman's license.
(a) No person may engage in business as a commercial finfish
fisherman unless he has obtained a commercial finfish fisherman's
license.
(b) The license fee for a resident commercial finfish
fisherman's license is $65 or an amount set by the commission,
whichever amount is more.
(c) The license fee for a nonresident commercial finfish
fisherman's license is $125 or an amount set by the commission,
whichever amount is more.
(d) No person may be issued a commercial finfish fisherman's
license unless the person files with the department at the time the
person applies for the license an affidavit containing statements
that:
(1) the applicant is not employed at any full-time
occupation other than commercial fishing; and
(2) during the period of validity of the commercial
finfish fisherman's license the applicant does not intend to engage
in any full-time occupation other than commercial fishing.
(e) The department shall revoke a commercial finfish
fisherman's license if:
(1) the holder engages in any full-time employment
other than commercial fishing;
(2) the affidavit required by this section contains a
false statement; or
(3) the holder violates any law or regulation of the
commission more than one time providing for the conservation and
protection of finfish and the holder is convicted of the violations
by a proper court within a period of two years.
(f) If any person executes and files with the department an
affidavit under this section that contains a false statement
knowingly made by the person, the department shall revoke each
fishing license held by the person at the time the determination is
made.
(g) A person who is licensed under this chapter as a bait
dealer and who takes finfish for bait only is not required to obtain
a commercial finfish fisherman's license.
(h) A person who is in a vessel licensed under this chapter
as a menhaden boat and who takes menhaden or a person who takes
minnows for bait only is not required to obtain a commercial finfish
fisherman's license.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 1398, ch. 623, § 8, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 87, ch. 46, § 1, eff. April
15, 1981; Acts 1981, 67th Leg., p. 2542, ch. 676, art. 1, § 2,
eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1333, ch. 277, § 25,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 37,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 167, §
5.01(a)(38), eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 1256,
§ 55, eff. Sept. 1, 1997.
§ 47.004. RESIDENT FISHING GUIDE LICENSE. (a) No
resident may engage in business as a fishing guide unless the
resident has obtained a resident fishing guide license.
(b) The commission may adopt rules governing the issuance
and use of a resident fishing guide license, including rules
creating separate resident fishing guide licenses for use in
saltwater and freshwater.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1333, ch. 277, § 26, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 38, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 365, § 7, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1256, § 56, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 859, § 2, eff. Sept. 1, 2003.
§ 47.005. NONRESIDENT FISHING GUIDE LICENSE. (a) No
nonresident may engage in business as a fishing guide unless the
nonresident has obtained a nonresident fishing guide license.
(b) The commission may adopt rules governing the issuance
and use of a nonresident fishing guide license, including rules
creating separate nonresident fishing guide licenses for use in
saltwater and freshwater.
Added by Acts 2003, 78th Leg., ch. 859, § 3, eff. Sept. 1, 2003.
§ 47.006. LICENSE FEE. The license fee for resident,
nonresident, freshwater, and saltwater guides is $75 or an amount
for each guide type set separately by the commission, whichever
amount is more.
Added by Acts 2003, 78th Leg., ch. 859, § 4, eff. Sept. 1, 2003.
§ 47.007. COMMERCIAL FISHING BOAT LICENSE. (a) No
person may use a vessel required to be numbered or registered under
the laws of this state or the United States for the purpose of
catching or assisting in catching aquatic products except shrimp,
oysters, or menhaden, from the waters of this state, or have on
board a vessel, or unload, or allow to be unloaded at a port or point
in this state, edible aquatic products caught or taken from salt
water outside the state without having been previously unloaded in
some other state or foreign country, for pay or for the purpose of
sale, barter, exchange, or any other commercial purpose unless the
vessel is licensed as a commercial fishing boat and has a commercial
fishing boat number affixed to it.
(b) Except as provided by Subsection (e) of this section,
the fee for a commercial fishing boat license and number is $10.50
or an amount set by the commission, whichever amount is more.
(c) The commission shall provide by rule for the issuance
and use of commercial fishing boat numbers. Each boat required to
be licensed by this section shall have the number affixed to the bow
of the boat or to such other location on the boat as will be readily
accessible for unimpaired visual inspection of the number by a
person on another boat. In such instances where the number will not
properly affix to a wooden boat, the commission shall provide for an
alternate means of identification of such boat. Unless provided
otherwise herein or by the rules of the commission, a license issued
under this section is not valid unless the number is affixed to the
boat as required by this section and the rules of the commission.
(d) An applicant for a commercial fishing boat license,
which is not a renewal of the previous year's license, must submit
to the department the vessel's United States Coast Guard
Certificate of Documentation or Texas' or other state's Certificate
of Number for a vessel or motorboat. The license issued by the
department must contain:
(1) the name of the boat if the boat is registered with
the United States Coast Guard; and
(2) the number appearing on the United States Coast
Guard Certificate of Documentation or Texas' or other state's
Certificate of Number.
(e) The fee for a commercial fishing boat license for a boat
that is not numbered under Chapter 31 of this code or does not have a
certificate of documentation issued by the United States Coast
Guard that lists an address in Texas for the boat owner or other
criteria established by the commission is $60 or an amount set by
the commission, whichever amount is more.
(f) A person who engages in commercial finfish fishing under
Subchapter D and who holds a commercial finfish fisherman's license
issued under Subchapter D in their immediate possession is not
required to obtain or possess a commercial fishing boat license.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 377, ch. 153, § 10, eff.
Sept. 1, 1981; Acts 1983, 68th Leg., p. 1333, ch. 277, § 27, eff.
Sept. 1, 1983; Acts 1983, 68th Leg., p. 4055, ch. 634, § 5, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 40, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 621, § 2, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 255, § 15, eff. July 31, 1989;
Acts 1991, 72nd Leg., ch. 723, § 2, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 365, § 8, 9, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 450, § 24, eff. Sept. 1, 1993; Acts 1995, 74th
Leg., ch. 931, § 60, eff. June 16, 1995; Acts 1999, 76th Leg.,
ch. 455, § 3, eff. Sept. 1, 1999.
§ 47.008. MENHADEN BOAT LICENSES. (a) A boat may not
be used for the purpose of catching, storing, and transporting
menhaden in tidal water unless the owner of the boat has acquired a
Class A menhaden boat license.
(b) A boat may not be used for the purpose of assisting in
catching menhaden in tidal water unless the owner of the boat has
acquired a Class B menhaden boat license.
(c) The license fee for each Class A menhaden boat is $2,000
or an amount set by the commission, whichever amount is more, for
each yearly period.
(d) The commission shall set the license fee for each Class
B menhaden boat for each yearly period in an amount not to exceed
$50.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2542, ch. 676, art. 1, § 3,
eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 267, art. 2, § 41,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 365, § 10, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 27, § 1, eff. Sept. 1,
1997.
§ 47.009. WHOLESALE FISH DEALER'S LICENSE. (a) Except
as provided by Subsection (c) of this section, no person may engage
in business as a wholesale fish dealer unless he has obtained a
wholesale fish dealer's license.
(b) The license fee for a wholesale fish dealer's license is
$400 for each place of business or an amount set by the commission,
whichever amount is more.
(c) A person who has an aquaculture license for a Texas
aquaculture facility under Section 134.011, Agriculture Code, is
not required to obtain or possess a wholesale fish dealer's license
if the person's business activities with regard to the sale of
aquatic products involve aquatic products raised on the person's
aquaculture facility only.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, § 28, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 42, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 491, § 6, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1256, § 57, eff. Sept. 1, 1997.
§ 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
FISH DEALERS. No wholesale fish dealer may purchase for resale or
receive for sale, barter, exchange, or any other commercial purpose
any aquatic product from any person or entity in this state unless
he purchases the product from the holder of:
(1) a general commercial fisherman's license;
(2) a commercial oyster fisherman's license;
(3) a commercial oyster boat license;
(4) a wholesale fish dealer's license;
(5) a fish farmer's license;
(6) a commercial shrimp boat license;
(7) a commercial oyster boat captain's license;
(8) a commercial shrimp boat captain's license;
(9) a commercial crab fisherman's license; or
(10) a commercial finfish fisherman's license.
Added by Acts 1981, 67th Leg., p. 2384, ch. 595, § 1, eff. Aug.
31, 1981. Amended by Acts 1985, 69th Leg., ch. 827, § 1, eff.
Aug. 26, 1985; Acts 1989, 71st Leg., ch. 255, § 16, eff. July 31,
1989; Acts 1991, 72nd Leg., ch. 586, § 3, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 723, § 3, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 365, § 11, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 862, § 3, eff. Sept. 1, 1995; Acts 1999, 76th
Leg., ch. 455, § 4, eff. Sept. 1, 1999.
§ 47.010. WHOLESALE TRUCK DEALER'S FISH
LICENSE. (a) The license fee for a wholesale truck dealer's fish
license is $250 for each truck or an amount set by the commission,
whichever amount is more.
(b) A resident who holds a fish farm vehicle license under
Section 134.012, Agriculture Code, is not required to obtain a
license for the vehicle under this section if the vehicle is used
with regard to the sale or transportation of only aquatic products
raised on a licensed Texas aquaculture facility belonging to the
owner of the vehicle.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, § 29, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 43, eff.
Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, § 58, eff. Sept.
1, 1997.
§ 47.011. RETAIL FISH DEALER'S LICENSE. (a) Except as
provided by Subsection (c) of this section, no person may engage in
business as a retail fish dealer unless he has obtained a retail
fish dealer's license.
(b) The license fee for a retail fish dealer's license is
$30 for each place of business or an amount set by the commission,
whichever amount is more.
(c) A person with an aquaculture license for a Texas
aquaculture facility under Section 134.011, Agriculture Code, is
not required to obtain or possess a retail fish dealer's license if
the person's business activities with regard to the sale of aquatic
products involve aquatic products raised on the person's
aquaculture facility only.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, § 30, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 44, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 491, § 7, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 586, § 4, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1256, § 59, eff. Sept. 1, 1997.
§ 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
DEALERS. No retail fish dealer may purchase for resale or receive
for sale, barter, exchange, or any other commercial purposes any
aquatic products from any person or entity in this state unless he
purchases the product from the holder of:
(1) a wholesale fish dealer's license;
(2) a general commercial fisherman's license, a
commercial shrimp boat license, a commercial shrimp boat captain's
license, a commercial crab fisherman's license, or a commercial
finfish fisherman's license when the retail fish dealer has given
written notification to the director or his designee of the
dealer's intent to purchase aquatic products from the holder of a
general commercial fisherman's license, a commercial shrimp boat
license, a commercial shrimp boat captain's license, a commercial
crab fisherman's license, or a commercial finfish fisherman's
license; or
(3) a fish farmer's license.
Added by Acts 1981, 67th Leg., p. 2384, ch. 595, § 1, eff. Aug.
31, 1981. Amended by Acts 1985, 69th Leg., ch. 827, § 2, eff.
Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 491, § 8, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 586, § 3, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 723, § 4, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 365, § 12, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 457, § 3, eff. Sept. 1, 1993; Acts 1995, 74th
Leg., ch. 862, § 4, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch.
455, § 5, eff. Sept. 1, 1999.
§ 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
employee may purchase for consumption by the restaurant's patrons
on the restaurant's premises any aquatic product from any person or
entity in this state unless the person purchases the aquatic
product from the holder of:
(1) a wholesale fish dealer's license;
(2) a general commercial fisherman's license;
(3) a fish farmer's license;
(4) a commercial shrimp boat license;
(5) a commercial shrimp boat captain's license;
(6) a commercial crab fisherman's license; or
(7) a commercial finfish fisherman's license.
Added by Acts 1985, 69th Leg., ch. 827, § 3, eff. Aug. 26, 1985.
Amended by Acts 1991, 72nd Leg., ch. 491, § 9, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 586, § 3, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 723, § 5, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 365, § 13, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 862, § 5, eff. Sept. 1, 1995; Acts 1999, 76th
Leg., ch. 455, § 6, eff. Sept. 1, 1999.
§ 47.013. RETAIL DEALER'S TRUCK LICENSE. (a) Except
as provided by Subsection (c) of this section, a person may engage
in the business of selling edible aquatic products from a motor
vehicle to consumers only if he obtains a retail dealer's truck
license.
(b) The license fee for a retail dealer's truck license is
$50 for each truck or an amount set by the commission, whichever
amount is more.
(c) A resident who owns a vehicle licensed under Section
134.012, Agriculture Code, is not required to obtain a license for
the vehicle under this section when the vehicle is used with regard
to the sale or transportation of only aquatic products raised on a
licensed Texas aquaculture facility belonging to the owner of the
vehicle.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, § 31, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 45, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 491, § 10, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 586, § 5, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1256, § 60, eff. Sept. 1, 1997.
§ 47.014. BAIT DEALER'S LICENSE. (a) No person may
engage in business as a bait dealer unless the person has obtained
the appropriate bait dealer's license.
(b) The license fee for a bait dealer's license is $20 for
each place of business or an amount set by the commission, whichever
amount is more.
(c) A person who has an aquaculture license for a Texas
aquaculture facility under Section 134.011, Agriculture Code, is
not required to obtain or possess a bait dealer's license if the
person's business activities with regard to the sale of aquatic
products for bait involve only aquatic products raised on the
person's aquaculture facility.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 214, ch. 105, § 3, eff. Sept.
1, 1977; Acts 1983, 68th Leg., p. 1335, ch. 277, § 32, eff. Sept.
1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 46, eff. Sept.
1, 1985; Acts 1997, 75th Leg., ch. 1256, § 61, eff. Sept. 1,
1997.
§ 47.016. MENHADEN FISH PLANT LICENSE. (a) No person
may operate a menhaden fish plant unless he has obtained a menhaden
fish plant license.
(b) Applications for a menhaden fish plant license must be
submitted on forms prescribed by the department and accompanied by
a filing fee. The filing fee is $100 or an amount set by the
commission, whichever amount is more. The filing fee shall be
accompanied by a certified copy of an order of the commissioners
court of the county in which the plant will be located containing:
(1) a description of the plant and its location; and
(2) approval of the court for the construction and
operation of the plant.
(c) Decisions of the commissioners court in approving or
disapproving the construction of a plant are final and may not be
reviewed or appealed.
(d) A menhaden fish plant license shall be issued after a
hearing and a finding by the department that the construction and
operation of the plant is in the public interest. Regardless of the
decision of the department, the filing fee is not refundable.
(e) Notice of the hearing must be given at least 20 days
prior to the date set for the hearing to the county judge of the
county in which the plant is to be constructed and to all known
interested parties.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 1335, ch. 277, § 34, eff.
Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 48, eff.
Sept. 1, 1985.
§ 47.017. RENEWAL OF FISH PLANT LICENSE. The department
shall renew a menhaden fish plant license on the application of the
licensee and on the payment of a renewal fee of $50 or an amount set
by the commission, whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 2, § 49, eff.
Sept. 1, 1985.
§ 47.018. INTERSTATE TRANSPORTATION. (a) No person
may bring into this state and deliver aquatic products for
commercial purposes unless the person has obtained a wholesale fish
dealer's license, a retail fish dealer's license, or a bait dealer's
license, as applicable, issued under this subchapter.
(b) Aquatic products lawfully taken from the waters of
another state may be sold within this state by licensed dealers
without regard to size limitations imposed on such products taken
within this state. A record of the source and disposition of such
undersize or oversize products shall be maintained by the dealer
for as long as the undersize or oversize products are retained and
for at least 30 days thereafter.
(c) No person may transport aquatic products out of this
state for commercial purposes unless the transporter first obtains
a wholesale fish dealer's license or a retail fish dealer's license.
(d) A person who delivers aquatic products for a licensed
wholesale fish dealer or retail fish dealer must possess a copy of
the dealer's license while making deliveries.
(e) Repealed by Acts 1995, 74th Leg., ch. 862, § 9, eff.
Sept. 1, 1995.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 1399, ch. 623, § 10, eff.
Aug. 27, 1979; Acts 1987, 70th Leg., ch. 621, § 3, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 723, § 6, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 862, § 9, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1256, § 62, eff. Sept. 1, 1997.
§ 47.0181. AQUATIC PRODUCT TRANSPORTATION
INVOICES. (a) No person, except a commercial fisherman licensed
to take aquatic products from Texas waters transporting the
fisherman's own catch within this state, may transport aquatic
products for commercial purposes, regardless of origin or
destination, without an invoice containing the following
information correctly stated and legibly written:
(1) the invoice number;
(2) the date of shipment;
(3) the name and physical address of shipper;
(4) the name and physical address of receiver;
(5) the license number of shipper; and
(6) the quantity of aquatic products contained in the
shipment; finfish by species and by number or weight, oysters by
volume, and all other aquatic products by weight.
(b) Aquatic product transportation invoices must be
prepared by the shipper and copies retained on file by both shipper
and receiver for at least one year from the date of shipment. The
shipper shall sequentially number the invoices during each license
period. No invoice number may be used twice during any one license
period by an individual licensee.
Added by Acts 1991, 72nd Leg., ch. 723, § 7, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 1256, § 63, eff. Sept. 1,
1997.
§ 47.0182. AQUATIC PRODUCT SHIPPING
REQUIREMENTS. (a) Each container of aquatic products shipped for
commercial purposes must have a label attached to the outside
listing the following information correctly stated and legibly
written:
(1) the aquatic product transportation invoice number
of the shipment of which the container is a part; and
(2) the kind and weight of aquatic product.
(b) No person may ship finfish in individual packages that
contain more than one species of aquatic life.
(c) A person possessing a shipment of aquatic products in
violation of Subsection (a) or (b) of this section commits an
offense.
Added by Acts 1991, 72nd Leg., ch. 723, § 7, eff. Sept. 1, 1991.
§ 47.0183. TRANSPORTATION OF AQUATIC PRODUCTS; DISPLAY
OF DOCUMENTS. (a) A person transporting aquatic products for
commercial purposes commits an offense if:
(1) the person does not possess the license or a copy
of the license authorizing the commercial transportation;
(2) the person does not keep with the aquatic product
any document, including a tag, invoice, or bill of lading, that is
required by this code or a regulation of the commission for
transporting aquatic products; or
(3) the person does not, on the request of a game
warden, present to the game warden without delay a license, copy of
a license, or document required by this code or a regulation of the
commission for transporting aquatic products.
(b) A culpable mental state is not required to establish an
offense under this section.
Added by Acts 1991, 72nd Leg., ch. 723, § 7, eff. Sept. 1, 1991.
§ 47.019. EXCLUSIVE ECONOMIC ZONE. (a) Any vessel
operating in the exclusive economic zone that lands fish, shrimp,
crabs, or other aquatic organisms in this state is required to be
licensed and registered as provided by Chapters 47 and 77 of this
code.
(b) The commission may adopt regulations for vessels in the
exclusive economic zone that land fish, shrimp, crabs, or other
aquatic organisms in this state.
Added by Acts 1987, 70th Leg., ch. 217, § 1, eff. Sept. 1, 1987.
§ 47.021. LICENSE FEES.
Text of section effective until September 1, 2005
(a) Fees for licenses issued under Sections 47.009, 47.011,
and 47.013 may not be increased by more than 10 percent of the
amount of the fee set by the commission and effective on September
1, 2002.
(b) This section expires September 1, 2005.
Added by Acts 2003, 78th Leg., ch. 265, § 9, eff. June 18, 2003;
Acts 2003, 78th Leg., ch. 677, § 7, eff. June 20, 2003.
SUBCHAPTER B. PROVISIONS GENERALLY APPLICABLE TO COMMERCIAL
FISHING LICENSES
§ 47.031. EXPIRATION OF LICENSES. (a) All licenses
and permits issued under the authority of Chapter 47 of this code
are valid only during the yearly period for which they are issued
without regard to the date on which the licenses are acquired. Each
yearly period begins on September 1 or another date set by the
commission and extends through August 31 of the next year or another
date set by the commission. The commission by rule may set the
amount of a license fee for a license issued during a transition
period at an amount lower than prescribed in this chapter and
provide for a license term for a transition period that is shorter
or longer than a year.
(b) All licenses and permits issued under the authority of
Chapter 47 may not be transferred to another person except that a
license issued in the name of a business shall remain valid for the
business location specified on the license or permit if a change of
ownership and/or business name occurs. A license issued under the
authority of Section 47.009, 47.011, 47.014, or 47.016 may be
transferred to a new address if the business moves to another
location. A license issued under the authority of Section 47.007,
47.010, or 47.013 may be transferred to another vehicle or vessel or
to a new owner of the same vehicle or vessel. The commission, by
regulation, may prescribe requirements necessary to clarify
license and permit transfer procedures and may prescribe, by
regulation, forms to be used and fees to be charged for transfer of
licenses and permits in this chapter and for duplicate license
plates and duplicate or replacement licenses and permits.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 365, § 14, eff. May 31,
1993; Acts 1995, 74th Leg., ch. 931, § 61, eff. June 16, 1995;
Acts 1997, 75th Leg., ch. 1256, § 64, eff. Sept. 1, 1997.
§ 47.032. REFUSAL OF LICENSE. No person owing the state
any amount for a license or fee under a final judgment of a court may
receive a license under this chapter until the indebtedness is
satisfied by payment to the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1991, 72nd Leg., ch. 723, § 8, eff. Sept. 1,
1991.
§ 47.033. DISPLAY OF LICENSE. All licenses, except a
tidal water commercial fisherman's license, commercial fishing
boat license, menhaden boat license, and menhaden fish plant
license, must be publicly displayed at all times in the place of
business of the licensee. Licenses required for vehicles
transporting aquatic products for sale must be displayed in the
vehicle.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 47.034. AQUATIC PRODUCT SIZE. (a) No person engaged
in business as a commercial fisherman or wholesale or retail fish
dealer may possess in his place of business or on a boat or vehicle
for commercial purposes aquatic products of greater or lesser
length than set out in the applicable proclamations of the
commission adopted under Chapter 61 or 66 of this code unless
otherwise provided by this code or Chapter 134 of the Agriculture
Code.
(b) This section does not prohibit a wholesale or retail
fish dealer from processing and selling lawful aquatic products by
cutting, filleting, wrapping, freezing, or otherwise preparing the
aquatic products for market.
(c) The taking of aquatic products of greater or lesser
length than set out in the applicable proclamations of the
commission under Chapter 61 or 66 of this code on board a licensed
commercial shrimp boat engaged in the taking of shrimp is not a
violation of this section if the aquatic products of unlawful size
are returned to the water from which they were taken in a manner to
insure their best chance for survival.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1214, ch. 456, § 13(l), eff.
Sept. 1, 1975; Acts 1981, 67th Leg., p. 377, ch. 153, § 7, eff.
Sept. 1, 1981; Acts 1991, 72nd Leg., ch. 723, § 9, eff. Sept. 1,
1991.
§ 47.035. PRIMA FACIE EVIDENCE. Proof of possession of
any undersized or oversized fish in the place of business of any
wholesale or retail fish dealer or on board any boat engaged in
commercial fishing or in any commercial vehicle is prima facie
evidence of possession for the purpose of sale.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 47.037. INSPECTION. (a) No person who possesses or
handles aquatic products for commercial purposes may refuse to
allow an authorized employee of the department to inspect the
aquatic products at the dealer's or handler's place of business
during normal business hours.
(b) No commercial fisherman may refuse to allow an
authorized employee of the department to inspect aquatic products
handled by or in the possession of the commercial fisherman while
the commercial fisherman is pursuing his trade or at a reasonable
hour.
(c) This section does not authorize the search of a
residence without a search warrant.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1987, 70th Leg., ch. 29, § 3, eff. April 22,
1987.
§ 47.038. SEINES OR NETS FOR MENHADEN. (a) Nets or
purse seines used for catching menhaden may not be:
(1) less than one and one-half inch stretched mesh,
excluding the bag;
(2) used in any bay, river, pass, or tributary, nor
within one mile of any barrier, jetty, island, or pass, nor within
one-half mile offshore in the Gulf of Mexico; or
(3) used for the purpose of taking edible aquatic
products for the purpose of barter, sale, or exchange.
(b) No person lawfully catching menhaden in the tidal water
of this state may sell, barter, or exchange any edible aquatic
products caught in a menhaden seine or net. Possession of edible
aquatic fish in excess of five percent by volume of menhaden fish in
possession is a prima facie violation of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 47.039. SEASONS. (a) The commission may adopt rules
setting open and closed seasons for the noncommercial taking of
redfish and speckled sea trout.
(b) No person may catch and retain a redfish or speckled sea
trout during a closed season set by the commission under Subsection
(a) of this section.
(c) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, §
110, eff. Sept. 1, 1985.
Added by Acts 1981, 67th Leg., p. 377, ch. 153, § 8, eff. Sept. 1,
1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 110,
eff. Sept. 1, 1985.
§ 47.040. REFUSAL TO SHOW LICENSE. A person who is
engaging in any act for which a license or permit is required by
this chapter and who fails or refuses upon request to show the
required license or permit to a game warden, other peace officer, or
officer of the court commits an offense.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 33, eff. Sept.
1, 1985.
SUBCHAPTER C. PENALTIES, DISPLAY OF LICENSE, AND TRANSFER OF FUNDS
§ 47.051. PENALTY. Except as provided by Section 47.052
of this code, a person who violates a provision of this chapter
commits an offense that is a Class C Parks and Wildlife Code
misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 33, eff.
Sept. 1, 1985; Acts 1985, 69th Leg., ch. 827, § 4, eff. Aug. 26,
1985; Acts 1989, 71st Leg., ch. 544, § 1, eff. June 14, 1989.
§ 47.052. PENALTY. (a) A person who fails to comply
with or who violates a provision of Section 47.003(a) of this code
commits an offense that is a Class B Parks and Wildlife Code
misdemeanor.
(b) The department may seize boats, nets, seines, trawls, or
other tackle in the possession of a person violating the sections
listed in Subsection (a) of this section and hold them until after
the trial of the person.
(c) Violations of the above sections may also be enjoined by
the attorney general by suit filed in a district court in Travis
County.
(d) If it is shown at the trial of the defendant for a
violation of Section 47.008, 47.016, or 47.038 of this code that he
has been convicted within five years before the trial date of a
violation of the section for which he is being prosecuted, on
conviction he shall be punished for a Class B Parks and Wildlife
Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 550, ch. 260, art. 4, § 2,
eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1399, ch. 623, § 11,
eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 970, ch. 229, § 2,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 3, § 34,
eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 827, § 5, eff. Aug.
26, 1985; Acts 1991, 72nd Leg., ch. 723, § 10, eff. Sept. 1,
1991.
§ 47.055. DISPOSITION OF FUNDS. Money received for
licenses issued under this chapter or fines paid for violations of
this chapter, less allowable deductions, shall be sent to the
department by the 10th day of the month following receipt.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER D. FINFISH LICENSE MANAGEMENT
§ 47.071. FINFISH LICENSE MANAGEMENT PROGRAM. To
promote efficiency and economic stability in the commercial finfish
industry and to conserve economically important finfish resources,
the department shall implement a finfish license management program
in accordance with proclamations adopted by the commission under
Chapter 61 and this subchapter.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.072. DEFINITION. In this subchapter, "license"
means a commercial license issued in accordance with a proclamation
under this subchapter that authorizes a person to engage in
business as a commercial finfish fisherman.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.073. FINFISH LICENSE MANAGEMENT REVIEW
BOARD. (a) The license holders under this subchapter shall elect
a finfish license management review board of nine members.
(b) A majority of the members of the review board may not be
residents of the same county.
(c) The review board shall advise the commission and
department and make recommendations concerning the administrative
aspects of the finfish licensing program, including hardship appeal
cases concerning eligibility, license transfer, license renewal,
license suspension, and license revocation.
(d) The executive director shall adopt procedures for the
operation of the review board and the election and terms of board
members. The executive director shall solicit and consider
recommendations regarding these procedures from persons who
purchased commercial finfish fisherman's licenses after September
1, 1997, and through April 20, 1999.
(e) A member of the review board must:
(1) qualify to obtain a commercial finfish fisherman's
license under this subchapter; or
(2) be a person who has knowledge of the commercial
finfish industry.
(f) The review board is not subject to Chapter 2110,
Government Code.
(g) A member of the review board serves without compensation
or a per diem allowance.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.074. LICENSING. (a) No person may engage in
business as a commercial finfish fisherman unless the person has
obtained a commercial finfish fisherman's license.
(b) No person may engage in commercial finfish fishing
unless:
(1) the person has in their immediate possession:
(A) a commercial finfish fisherman's license
issued to the person; or
(B) a general commercial fisherman's license
issued to the person, a commercial finfish fisherman's license
issued to another person, and a copy of an affidavit that:
(i) authorizes the person to use commercial
finfish fishing devices owned by the person to whom the commercial
finfish fisherman's license was issued; and
(ii) contains the date, the original
signature of the person to whom the commercial finfish fisherman's
license was issued, and the commercial finfish fisherman's license
number that matches the commercial finfish fisherman's license
plate number on the boat, if the department requires a license
plate; or
(2) the person has in their immediate possession a
commercial finfish fisherman's license or a general commercial
fisherman's license, and another person has in their immediate
possession the documentation described by Subdivision (1).
(c) Beginning September 1, 2000, the department shall issue
a commercial finfish fisherman's license only to a person who
documents in a manner acceptable to the department that the person
held a commercial finfish fisherman's license during the period
after September 1, 1997, through April 20, 1999.
(d) A proclamation issued under this section shall
establish a commercial finfish fisherman's license in accordance
with the provisions of this subchapter.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.075. LICENSE FEE. The fee for a commercial finfish
fisherman's license issued under this subchapter is $300 or an
amount set by the commission, whichever amount is more. All fees
generated by the issuance of a license under this subchapter are to
be sent to the comptroller for deposit to the credit of the game,
fish, and water safety account subject to Section 47.081(d).
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.076. LICENSE RENEWAL. A person seeking to renew a
license established by this subchapter must have held the license
during the preceding license year.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.077. LIMIT ON NUMBER OF LICENSES HELD. (a) A
person may not hold or directly or indirectly control more than
three licenses issued under this subchapter.
(b) A license issued to a person other than an individual
must designate an individual in whose name the license is issued.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.078. EXPIRATION OF LICENSE. A license required by
this subchapter is valid only during the period for which it is
issued without regard to the date on which the license is acquired.
Each period is one year beginning on September 1 or another date set
by the commission.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.079. LICENSE TRANSFER. (a) The commission by
rule may set a fee for the transfer of a license. The amount of the
transfer fee may not exceed the amount of the license fee.
(b) The commission shall send all license transfer fees to
the comptroller for deposit to the credit of the game, fish, and
water safety account subject to Section 47.081(d).
(c) The commission by proclamation shall allow a license to
be transferred at any time.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.080. LICENSE SUSPENSION AND REVOCATION. (a) The
executive director, after notice to a license holder and the
opportunity for a hearing, may suspend a commercial finfish
fisherman's license if:
(1) the license holder or any other authorized
operator of the licensed vessel is convicted of one or more flagrant
offenses totaling three flagrant offenses involving the licensed
vessel; or
(2) the license holder is convicted of theft of
fishing gear or product associated with this subchapter.
(b) A suspension under this section may be for:
(1) six months, if:
(A) each of the three flagrant offenses occurred
within a 24-consecutive-month period beginning not earlier than
September 1, 2000; and
(B) the license holder has not previously had a
license suspended under this section;
(2) 12 months, if each of the three flagrant offenses
occurred within a 24-consecutive-month period and the license
holder has previously had a license suspended under this section;
or
(3) six months, if the license holder is convicted of
theft of fishing gear or product associated with this subchapter.
(c) The executive director, after notice and the
opportunity for a hearing, may permanently revoke a license issued
under this subchapter if:
(1) the license holder has previously had a license
suspended twice under this section, and the license holder or any
other authorized operator of the licensed vessel is convicted of
three flagrant offenses involving the licensed vessel in a
24-consecutive-month period; or
(2) the license holder is convicted of theft of
fishing gear or product associated with this subchapter, and the
license holder has had a license suspended previously under this
section.
(d) The same flagrant offense may not be counted for more
than one suspension under this section.
(e) For purposes of this section, a flagrant offense
includes:
(1) theft of trotlines or finfish, or any other
fishing gear or product associated with this subchapter;
(2) exceeding daily bag and possession limits in
violation of this code or of a proclamation of the commission issued
under this code;
(3) exceeding trotline length limits by a length
greater than 10 percent in violation of this code or of a
proclamation of the commission issued under this code;
(4) selling crabs in violation of this code;
(5) exceeding the number of trotlines the holder of a
commercial finfish fisherman's license may use in violation of this
code or of a proclamation of the commission issued under this code;
or
(6) taking, attempting to take, or possessing fish
caught in public waters of this state by any device, means, or
method other than as authorized under this code or by a proclamation
of the commission issued under this code.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.081. LICENSE BUYBACK. (a) The department may
implement a license buyback program for licenses issued under this
subchapter as part of the finfish license management program
established by this subchapter.
(b) The commission by rule may establish criteria, using
reasonable classifications, by which the department selects
licenses to be purchased. The commission may delegate to the
executive director, for purposes of this section only, the
authority to develop the criteria through rulemaking procedures,
but the commission by order must finally adopt the rules
establishing the criteria. The commission or executive director
must consult with the finfish license management review board
concerning establishment of the criteria.
(c) The commission must retire each license purchased under
the license buyback program until the commission finds that
management of the finfish fishery allows reissue of those licenses
through auction or lottery.
(d) The department shall set aside at least 20 percent of
the fees from licenses issued and license transfers approved under
this subchapter to be used only for the purpose of buying back those
licenses from a willing license holder. That money shall be sent to
the comptroller for deposit to the credit of the game, fish, and
water safety account.
(e) The department may solicit and accept grants and
donations of money or materials from private or public sources for
the purpose of buying back licenses issued under this subchapter
from a willing license holder.
(f) Money to be used for the purpose of buying back licenses
issued under this subchapter is not subject to Section 403.095,
Government Code.
(g) The commission shall consider the social and economic
viability of the finfish industry and input from the finfish
license management review board regarding the reissue of finfish
licenses through auction or lottery.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.082. LINE LIMITS. (a) Not later than September 1,
2000, the commission by proclamation issued under this code shall
authorize the holder of a commercial finfish fisherman's license to
use up to 20 trotlines not more than 600 feet long, or another
number and length of line authorized by commission proclamation, to
take or attempt to take finfish.
(b) No holder of a commercial finfish fisherman's license
may possess on board more than the number of lines prescribed by
this code or by commission proclamation issued under this code.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.083. CRAB TRAPS. (a) Not later than September 1,
2000, the commission by proclamation issued under this code shall
authorize the holder of a commercial finfish fisherman's license to
use up to 20 crab traps, or a number of traps authorized by
commission proclamation, for use in commercial fishing for bait
purposes only.
(b) This section does not authorize the taking of any
product for pay or for the purpose of sale, barter, or exchange.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.084. PROGRAM ADMINISTRATION; RULES. (a) The
executive director shall establish administrative procedures to
carry out the requirements of this subchapter.
(b) The commission shall adopt any rules necessary for the
administration of the program established under this subchapter.
(c) The commission shall prescribe all gear marking
requirements for trotlines and crab traps under this subchapter in
accordance with Chapter 66.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.085. DISPOSITION OF FUNDS. Money received for a
license issued under this subchapter and fines for violations of
this subchapter shall be remitted to the department by the 10th day
of the month following the date of collection.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
§ 47.086. PROCLAMATION; PROCEDURES. Subchapter D,
Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
proclamations under this subchapter.
Added by Acts 1999, 76th Leg., ch. 455, § 7, eff. Sept. 1, 1999.
