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(c) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, §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