reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter C. Shrimp Licenses › Section 77.039. License Design

Sec. 77.039.  LICENSE DESIGN.  (a)  A commercial shrimp boat license or commercial gulf shrimp unloading license issued under this subchapter must be a sign or emblem at least 32 square inches in size and be constructed of a durable material.
(b)  The character and design of each class of commercial shrimp boat license issued under this subchapter must be distinguishable.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2005, 79th Leg., Ch. 107 (S.B. 454), Sec. 1, eff. May 20, 2005.
Acts 2017, 85th Leg., R.S., Ch. 1151 (H.B. 1260), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter C. Shrimp Licenses › Section 77.040. Other Licenses Required

Sec. 77.040.  OTHER LICENSES REQUIRED.  (a)  A person holding a commercial shrimp boat license under this subchapter is not required to obtain a commercial fishing boat license under Section 47.007 of this code.
(b)  The captain of a commercial shrimp boat who holds a commercial shrimp boat captain's license and each paid member of the crew of a boat having a commercial shrimp boat license issued under this subchapter are not required to have a general commercial fisherman's license issued under Section 47.002 of this code, a commercial finfish fisherman's license issued under Section 47.003 of this code, or a bait dealer's license issued under Section 47.014 of this code to catch and unload aquatic products lawfully taken incidental to lawful shrimping.
(c)  The captain and each crew member of a licensed commercial shrimp boat must possess and produce on request to any enforcement officer proof of the person's identity.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 550, ch. 260, art. 4, Sec. 4, eff. Sept. 1, 1979;  Acts 1979, 66th Leg., p. 1399, ch. 623, Sec. 9, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 365, Sec. 31, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 862, Sec. 8, eff. Sept. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter C. Shrimp Licenses › Section 77.043. Bait-Shrimp Dealer License

Sec. 77.043.  BAIT-SHRIMP DEALER LICENSE.  (a)  No person may engage in business as a bait-shrimp dealer unless he has obtained a bait-shrimp dealer's license from the department for each bait stand or place of business he maintains.
(b)  The fee for a bait-shrimp dealer's license is $60 or an amount set by the commission, whichever amount is more.
(c)  A bait-shrimp dealer's license expires August 31 following the date of issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 1339, ch. 277, Sec. 52, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 72, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter C. Shrimp Licenses › Section 77.044. Issuance of Bait-Shrimp Dealer's License

Sec. 77.044.  ISSUANCE OF BAIT-SHRIMP DEALER'S LICENSE.  (a)  The department shall issue a bait-shrimp dealer's license only after it has determined that the applicant for the license is a bona fide bait-shrimp dealer.
(b)  A bait-shrimp dealer's license may not be held by a person who also holds a wholesale fish dealer's license.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 119, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter C. Shrimp Licenses › Section 77.045. Rights and Duties of Bait-Shrimp Dealer

Sec. 77.045.  RIGHTS AND DUTIES OF BAIT-SHRIMP DEALER.  (a)  The holder of a bait-shrimp dealer's license may sell, purchase, and handle shrimp, minnows, fish, and other forms of aquatic life for sale or resale for fish bait purposes in the coastal counties of this state.
(b)  The holder of a bait-shrimp dealer's license is not required to obtain a bait dealer's license issued under Section 47.014 of this code unless he engages in the business in a county other than a coastal county.
(c)  Repealed by Acts 1981, 67th Leg., p. 2693, ch. 730, Sec. 2, eff. Aug. 31, 1981.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2692, ch. 730, Sec. 2, eff. Aug. 31, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter C. Shrimp Licenses › Section 77.046. Exemptions From Bait-Shrimp Dealer's License

Sec. 77.046.  EXEMPTIONS FROM BAIT-SHRIMP DEALER'S LICENSE.  A bait-shrimp dealer's license is not required for:
(1)  grocery stores in coastal counties which do not unload or purchase shrimp directly from commercial bait-shrimp boats;
(2)  bait dealers in coastal counties who do not sell or offer for sale or handle shrimp for sale or resale for bait purposes, but these dealers must have a bait-dealer's license issued under Section 47.014 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter C. Shrimp Licenses › Section 77.048. Individual Bait-Shrimp Trawl License

Sec. 77.048.  INDIVIDUAL BAIT-SHRIMP TRAWL LICENSE.  (a)  No person may possess or have on board a boat in coastal water an individual bait-shrimp trawl unless the owner of the trawl has obtained an individual bait-shrimp trawl license from the department.
(b)  The fee for the individual bait-shrimp trawl license is $15 or an amount set by the commission, whichever amount is more.
(c)  The individual bait-shrimp trawl license expires on August 31 following the date of issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 1339, ch. 277, Sec. 53, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 73, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 633, Sec. 7, eff. June 14, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter D. Shrimping in Outside Water › Section 77.061. General Closed Season

Sec. 77.061.  GENERAL CLOSED SEASON.  (a)  Except as specifically provided in this subchapter, no person may catch shrimp in outside water:
(1)  from June 1 to July 15, both dates inclusive, or during a period provided under Section 77.062 of this code, as applicable;  or
(2)  extending from the coastline of Texas up to and including seven fathoms in depth from December 16 of each year to February 1 of the following year, both dates inclusive, unless taking sea bobs.
(b)  Notwithstanding the provisions of Subchapter E, Chapter 12, of this code, a person who violates Subdivision (1) of Subsection (a) of this section or Section 77.024 of this code commits an offense and on conviction is punishable by a fine of not less than $2,500 nor more than $5,000, by confinement in the county jail for not less than six months nor more than one year, or by both.
(c)  Except as provided in this section, the presence of a shrimp trawl (excluding doors) not stored within the confines of the hull of a vessel in outside water during the closed period provided by Subdivision (1) of Subsection (a) of this section is prima facie evidence of a violation of this section.
(d)  Subsection (c) of this section does not apply to a licensed commercial gulf shrimp boat within one-fourth mile of jetties when the vessel is in direct transit to open water to catch white shrimp as provided in Section 77.065, Parks and Wildlife Code, as amended.
(e)  A commercial shrimp boat operating in the outside water during the closed season as provided by Subdivision (1) of Subsection (a) of this section shall display its documentation number issued by the United States Coast Guard for documented vessels or a registration number issued by a state on the port and starboard sides of the deckhouse or hull and on an appropriate weather deck so as to be clearly visible from enforcement vessels and aircraft.  This number shall be permanently attached or painted on the vessel in block Arabic numerals in contrasting color to the background and at least 18 inches in height on vessels over 65 feet in length or at least 10 inches in height for all other vessels.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, Sec. 20(b), eff. Sept. 1, 1975;  Acts 1981, 67th Leg., p. 2165, ch. 506, Sec. 1, eff. June 12, 1981;  Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 87, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter D. Shrimping in Outside Water › Section 77.062. Change in General Closed Season

Sec. 77.062.  CHANGE IN GENERAL CLOSED SEASON.  Based on sound biological data, the commission may change the opening and closing dates of the June 1 to July 15 closed season to provide for an earlier, later, or longer season not to exceed 60 days.  The commission may change the closing date with 72 hours public notice and may reopen the season with 24 hours notice.  The commission may delegate to the director the duties and responsibilities of opening and closing the shrimping season under this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, Sec. 20(b), eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter D. Shrimping in Outside Water › Section 77.063. General Limitation on Nets

Sec. 77.063.  GENERAL LIMITATION ON NETS.  (a)  Repealed by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.
(b)  When restrictions are imposed on either or both the size and number of main trawls, no person may use a try net in outside water exceeding 21 feet in width as measured along an uninterrupted corkline from leading tip of door to leading tip of door and having doors or boards that exceed 450 square inches each or a beam trawl exceeding 10 feet in width as measured along the beam of a beam trawl in its fully extended position.
(c)  This section does not apply to the taking of sea bobs.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 1092, ch. 511, Sec. 1, eff. June 11, 1979;  Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter D. Shrimping in Outside Water › Section 77.071. Regulations in Contiguous Zone

Sec. 77.071.  REGULATIONS IN CONTIGUOUS ZONE.  (a)  Repealed by Acts 1987, 70th Leg., ch. 217, Sec. 2, eff. Sept. 1, 1987.
(b)  The department may negotiate reciprocal agreements with another state with respect to the application of one state's shrimping regulations in its contiguous zone to citizens of the other state.
Added by Acts 1975, 64th Leg., p. 1221, ch. 456, Sec. 20(f), eff. Sept. 1, 1975.  Amended by Acts 1987, 70th Leg., ch. 217, Sec. 2, eff. Sept. 1, 1987.
Sec. 77.072.  SHRIMP SIZE EXCEPTION.  Minimum size restrictions as provided in Chapter 77, Parks and Wildlife Code, as amended, do not apply to shrimp taken from outside waters when:
(1)  the Gulf of Mexico Fishery Management Council's Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico is in effect;  and
(2)  such plan as described in Subsection (a) of this section restricts the taking of shrimp in the Fishery Conservation Zone contiguous to the outside waters of Texas, to conform with the Texas closed Gulf season as defined in Sections 77.061(1) and 77.062 of this code.
Added by Acts 1981, 67th Leg., p. 452, ch. 187, Sec. 1, eff. May 25, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.111. Shrimp License Management Program

Sec. 77.111.  SHRIMP LICENSE MANAGEMENT PROGRAM.  For the purposes of promoting efficiency and economic stability in the shrimping industry and of conserving economically important shrimp resources, the department shall implement a shrimp license management program in accordance with the shrimp management plan adopted by the commission under Section 77.007 and as prescribed by this subchapter.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.112. Issuance and Renewal of Commercial Bay and Bait Shrimp Boat Licenses

Sec. 77.112.  ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT SHRIMP BOAT LICENSES.  (a)  After August 31, 1995, the department may not issue a new commercial bay or bait shrimp boat license unless the person seeking to obtain the license documents to the satisfaction of the department that the vessel for which the license is sought:
(1)  is owned by the person;
(2)  was under construction and at least 50 percent completed on April 1, 1995;  and
(3)  is intended to be licensed and used as a commercial bay or bait shrimp boat.
(b)  For the license year ending August 31, 1996, the department may renew a commercial bay or bait shrimp boat license only if the person seeking renewal of the license:
(1)  owns the commercial bay or bait shrimp boat for which the license renewal is sought;  and
(2)  held the license to be renewed on April 1, 1995, or, after that date, obtained the license to be renewed by a transfer authorized by Section 77.113.
(c)  After August 31, 1996, the commission may renew a commercial bay or bait shrimp boat license only if the person seeking to renew the license:
(1)  owns the commercial bay or bait shrimp boat for which the license renewal is sought;  and
(2)  held the license to be renewed during the preceding license year.
(d)  An applicant for a new or renewed commercial bay or bait shrimp boat license for a vessel that is required by United States Coast Guard rules to be documented by the United States Coast Guard must submit to the department with the license application the United States Coast Guard certificate of documentation for the vessel.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.113. License Transfer

Sec. 77.113.  LICENSE TRANSFER.  (a)  Except as provided by this section, a commercial bay or bait shrimp boat license may not be transferred from one person to another before September 1, 1999.
(b)  A commercial bay or bait shrimp boat license may be transferred at any time, by sale or otherwise:
(1)  between holders of a commercial bay or bait shrimp boat license;
(2)  between a holder of a commercial bay or bait shrimp boat license and a historical shrimp boat captain as defined by the shrimp license management review board and approved by the executive director;  or
(3)  to an heir or devisee of the deceased holder of the commercial bay or bait shrimp boat license, but only if the heir or devisee is a person who in the absence of a will would be entitled to all or a portion of the deceased's property.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.114. Limit on Number of Licenses Held; Designated License Holder

Sec. 77.114.  LIMIT ON NUMBER OF LICENSES HELD;  DESIGNATED LICENSE HOLDER.  (a)  Except as provided by Subsection (b), no person may hold or directly or indirectly control more than four commercial bay and four commercial bait shrimp boat licenses.
(b)  A person who qualifies to renew a license under Section 77.112 on September 1, 1995, may hold each license renewed and after that date may retain and renew the licenses until the licenses are transferred, not renewed, or revoked.  A person may not hold or renew more than four commercial bay and four commercial bait shrimp boat licenses under this subsection after August 31, 2002.
(c)  A commercial bay or bait shrimp boat license must be issued to an individual.  A person other than an individual who wishes to retain or seeks to renew a license of either type must designate an individual to whom the license will be issued.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.115. Transfer Fee

Sec. 77.115.  TRANSFER FEE.  The commission may set a fee for the transfer of a commercial bay or bait shrimp boat license.  The amount of the transfer fee may not exceed the amount of the license fee for the license being transferred.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.116. Length and Engine Limits; Vessel Upgrade

Sec. 77.116.  LENGTH AND ENGINE LIMITS;  VESSEL UPGRADE.  (a)  Except as provided by Subsection (d), a vessel licensed as a commercial bay or bait shrimp boat may not:
(1)  have an engine that is rated by the manufacturer of the engine at more than 400 horsepower;  or
(2)  exceed 60 feet in length.
(b)  A vessel licensed as a commercial bay or bait shrimp boat may not be lengthened or have the engine horsepower increased more than once after September 1, 1995.
(c)  A vessel may not be lengthened by more than 15 percent of the vessel's length.
(d)  The license for a vessel that on September 1, 1995, is licensed as a commercial bay or bait shrimp boat and exceeds the length or horsepower limit set by Subsection (a) may be renewed, but the vessel may not be lengthened or have the horsepower of the vessel increased.  If the vessel is replaced, the replacement vessel must meet the engine and length requirements described in Subsection (a).
(e)  For purposes of this section, vessel length shall be determined according to United States Coast Guard specifications in effect on September 1, 1995.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.117. License Suspension and Revocation

Sec. 77.117.  LICENSE SUSPENSION AND REVOCATION.  (a)  The executive director, after notice and the opportunity for a hearing, may suspend a commercial bay or bait shrimp boat license if the license holder or any other operator of the licensed vessel is convicted of one or more flagrant offenses totalling three flagrant offenses for the licensed vessel.  The suspension may be for:
(1)  six months, if:
(A)  the date of each offense is within a 24-consecutive-month period beginning not earlier than September 1, 1995;  and
(B)  the license holder has not previously had a commercial bay or bait shrimp boat license suspended under this section;  or
(2)  12 months, if the date of each offense is within a 24-consecutive-month period and the license holder has previously had a commercial bay or bait shrimp boat license suspended under this section.
(b)  Except as provided by Subsection (c), a license suspension under this section does not affect the license holder's eligibility to renew the license after the suspension expires.
(c)  The executive director, after notice and the opportunity for a hearing, may permanently revoke a commercial bay or bait shrimp boat license if:
(1)  the license holder has previously had a commercial bay or bait shrimp boat license suspended twice under this section;
(2)  the license holder or any other operator of the licensed vessel is convicted of one or more flagrant offenses totalling three flagrant offenses for the licensed vessel;  and
(3)  the date of each offense is in a 24-consecutive-month period beginning not earlier than the date of the most recent previous suspension under this section.
(d)  For purposes of this section, a flagrant offense includes:
(1)  trawling in a nursery area in violation of this code or of a proclamation of the commission issued under this code;
(2)  shrimping longer than 30 minutes before or 30 minutes after legal shrimping hours prescribed by this code or by a proclamation of the commission issued under this code;
(3)  exceeding possession limits, in violation of this code or of a proclamation of the commission issued under this code, by 100 or more pounds;
(4)  exceeding legal net size, in violation of this code or of a proclamation of the commission issued under this code, by five feet or more;  or
(5)  falsifying information required by this subchapter or a commission rule adopted under this subchapter for the issuance of a commercial bay or bait shrimp boat license.
(e)  The same flagrant offense may not be counted for more than one suspension under this section.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.118. Shrimp License Management Review Board

Sec. 77.118.  SHRIMP LICENSE MANAGEMENT REVIEW BOARD.  (a)  The holders of commercial bay and bait shrimp boat licenses shall elect a shrimp license management review board of nine members.
(b)  A member of the review board must be a holder of a commercial bay or bait shrimp boat license.
(c)  The nine members of the review board must be selected to reflect the following geographical distribution according to the county of residence specified on the member's commercial bay or bait shrimp boat license:
(1)  one member representing Orange, Jefferson, Chambers, and Harris counties;
(2)  two members representing Galveston County;
(3)  two members representing Brazoria and Matagorda counties;
(4)  three members representing Calhoun, Aransas, Nueces, San Patricio, and Refugio counties;  and
(5)  one member representing Kleberg, Cameron, and Willacy counties.
(d)  The review board shall advise the commission and department and make recommendations concerning the administrative aspects of the shrimp license management program, including hardship and appeal cases concerning eligibility, license transfer, license renewal, license suspension, license revocation, and vessel length and engine changes.
(e)  The executive director shall adopt procedures for the election and operation of the review board.  The executive director shall solicit and consider recommendations from the commercial bay and bait shrimp boat license holders regarding the procedures.
(f)  The review board is not subject to Article 6252-33, Revised Statutes.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.119. License Buyback Program

Sec. 77.119.  LICENSE BUYBACK PROGRAM.  (a)  The department shall implement a license buyback program as part of the shrimp license management program established by this subchapter.
(b)  The commission by rule may establish criteria, using reasonable classifications, by which the department selects licenses to be purchased.  The commission may delegate to the executive director, for purposes of this section only, the authority to develop the criteria through rulemaking procedures, but the commission by order must finally adopt the rules establishing the criteria.  The commission or executive director shall consult with the shrimp license management review board concerning establishment of the criteria.
(c)  The commission shall retire each license purchased under the license buyback program until the commission finds that management of the shrimp fishery allows reissue of those licenses through auction or lottery.
(d)  A person whose license is selected by the department to be purchased under the license buyback program shall be required to execute a contract that includes the following terms:
"Section 40.251, Natural Resources Code, provides that any person who intentionally leaves, abandons, or maintains any vessel in a wrecked, derelict, or substantially dismantled condition in violation of Section 40.108, Natural Resources Code, shall be guilty of a Class A misdemeanor.  Further, a person who leaves, abandons, or maintains a derelict vessel in violation of Section 40.108, Natural Resources Code, shall be subject to a civil penalty of not less than $100 or more than $10,000 per violation for each day of violation, not to exceed a maximum of $125,000 pursuant to Section 40.251(f), Natural Resources Code.  I agree not to abandon or dispose of any vessel in violation of state law.  I further acknowledge that money paid to me under the license buyback program may be forfeited to the coastal protection fund established by Section 40.151, Natural Resources Code, if the commissioner of the General Land Office finds that the vessel to which the license applied was abandoned in violation of Section 40.108, Natural Resources Code."
(e)  The commissioner of the General Land Office may order the forfeiture of any money paid to a person under the license buyback program if the commissioner finds that the vessel to which the license applied was abandoned by the person in violation of Section 40.108, Natural Resources Code.  Any money forfeited under this section shall be deposited to the credit of the coastal protection fund established by Section 40.151, Natural Resources Code.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 216 (H.B. 2096), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.121. Program Administration; Rules

Sec. 77.121.  PROGRAM ADMINISTRATION;  RULES.  (a)  The executive director shall establish administrative procedures to carry out the requirements of this subchapter.
(b)  The commission shall adopt any rules necessary for the administration of the program established under this subchapter.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.122. Report to Legislature

Sec. 77.122.  REPORT TO LEGISLATURE.  Not later than January 1, 1999, the department shall report to the governor and each member of the legislature an overview of the administration and status of the shrimp license management program, including the biological, sociological, and economic effects of the program.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter F. Bay Shrimp License Management › Section 77.123. Prevailing Authority

Sec. 77.123.  PREVAILING AUTHORITY.  A proclamation of the commission under this subchapter prevails over any conflicting provision of this chapter to the extent of the conflict.
Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter G. Gulf Shrimp License Moratorium › Section 77.151. Gulf Shrimp License Moratorium Program

Sec. 77.151.  GULF SHRIMP LICENSE MORATORIUM PROGRAM.  The department shall implement a gulf shrimp license moratorium program to promote efficiency and economic stability in the gulf shrimping industry.
Added by Acts 2005, 79th Leg., Ch. 107 (S.B. 454), Sec. 3, eff. May 20, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter G. Gulf Shrimp License Moratorium › Section 77.152. Issuance and Renewal of Commercial Gulf Shrimp Boat Licenses

Sec. 77.152.  ISSUANCE AND RENEWAL OF COMMERCIAL GULF SHRIMP BOAT LICENSES.  (a)  After August 31, 2005, the department may not issue or renew a commercial gulf shrimp boat license unless the person seeking to obtain or renew the license documents to the satisfaction of the department that the vessel for which the license is sought:
(1)  is owned by the person;
(2)  was licensed as a gulf shrimp boat on the day the renewal was sought or at the end of the licensing period immediately preceding the period for which the license is sought; and
(3)  is intended to be licensed and used as a commercial gulf shrimp boat.
(b)  An applicant for a new or renewed commercial gulf shrimp boat license for a vessel must submit to the department with the license application:
(1)  the United States Coast Guard certificate of documentation for the vessel, if the vessel is required by United States Coast Guard rules to be documented; and
(2)  the certificate of number for the vessel as required by Chapter 31.
Added by Acts 2005, 79th Leg., Ch. 107 (S.B. 454), Sec. 3, eff. May 20, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter G. Gulf Shrimp License Moratorium › Section 77.153. Gulf Shrimp License Moratorium Review Board

Sec. 77.153.  GULF SHRIMP LICENSE MORATORIUM REVIEW BOARD.  (a)  The holders of commercial gulf shrimp boat licenses shall elect a gulf shrimp license moratorium review board of nine members.
(b)  A member of the review board must be a holder of a commercial gulf shrimp boat license.
(c)  The nine members of the review board must be selected to reflect the following geographical distribution according to the county of residence specified on the member's commercial gulf shrimp boat license:
(1)  two members representing Orange, Jefferson, Chambers, and Harris Counties;
(2)  one member representing Galveston County;
(3)  two members representing Brazoria and Matagorda Counties;
(4)  two members representing Calhoun, Aransas, Nueces, San Patricio, and Refugio Counties; and
(5)  two members representing Kleberg, Cameron, and Willacy Counties.
(d)  The review board shall advise the commission and department and make recommendations concerning the administrative aspects of the gulf shrimp license moratorium program, including hardship and appeal cases concerning eligibility.
(e)  The executive director shall adopt procedures for the election and operation of the review board.  The executive director shall solicit and consider recommendations from the commercial gulf shrimp boat license holders regarding the procedures and the continued need for the board.
(f)  The review board is not subject to Chapter 2110, Government Code.
Added by Acts 2005, 79th Leg., Ch. 107 (S.B. 454), Sec. 3, eff. May 20, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 77 - Shrimp › Subchapter G. Gulf Shrimp License Moratorium › Section 77.154. Program Administration; Rules

Sec. 77.154.  PROGRAM ADMINISTRATION; RULES.  (a)  The executive director shall establish administrative procedures to carry out the requirements of this subchapter.
(b)  The commission shall adopt any rules necessary for the administration of the program established under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 107 (S.B. 454), Sec. 3, eff. May 20, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter A. Mussels and Clams › Section 78.001. Definitions

Sec. 78.001.  DEFINITIONS.  In this chapter:
(1)  "Commercial purposes" includes sale, barter, or exchange, or any other commercial use.
(2)  "Mussels and clams" includes all freshwater and marine bivalve mollusks except species covered under other chapters of this code.
(3)  "Nonresident" has the meaning assigned under Section 47.001 of this code.
(4)  "Soft tissue" means mussel and clam body parts, exclusive of the shell, and pearls.
(5)  "Resident" has the meaning assigned under Section 47.001 of this code.
Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter A. Mussels and Clams › Section 78.002. License Required; Fees

Sec. 78.002.  LICENSE REQUIRED;  FEES.  (a)  No person may take any mussels, clams, or their shells from the public water of the state for commercial purposes without a resident or nonresident commercial mussel and clam fisherman's license.
(b)  The license form shall be prescribed by the department and shall designate the water in which the licensee may operate.  All licenses issued under the authority of Chapter 78 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.
(c)  The license fee for a resident commercial mussel and clam fisherman's license is $30 or an amount set by the commission, whichever amount is more.
(d)  The license fee for a nonresident commercial mussel and clam fisherman's license is $800 or an amount set by the commission, whichever amount is more.
(e)  The department may grant permission to use a dredge in a designated area for an additional fee of $30 or an amount set by the commission, whichever amount is more.
(f)  Repealed by Acts 1995, 74th Leg., ch. 931, Sec. 80, eff. June 16, 1995.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Renumbered from Sec. 71.001 and 71.002 and amended by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 76, 80, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter A. Mussels and Clams › Section 78.003. Shell Buyer License

Sec. 78.003.  SHELL BUYER LICENSE.  (a)  No person may purchase for commercial use mussel or clam shells that have been taken from the public water of the state without a resident or nonresident shell buyer's license, except as allowed under Section 78.005 of this code.
(b)  The license form shall be prescribed by the department.
(c)  The license fee for a resident shell buyer's license is $100 or an amount set by the commission, whichever amount is more.
(d)  The license fee for a nonresident shell buyer's license is $1,500 or an amount set by the commission, whichever amount is more.
(e)  The holder of a shell buyer's license shall file with the department a report of activities performed under the license in a form and manner specified by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 931, Sec. 77, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter A. Mussels and Clams › Section 78.004. Export Fee

Sec. 78.004.  EXPORT FEE.  The commission may charge a fee of three cents a pound or an amount set by the commission, whichever amount is more, for mussels or clams or mussel or clam shells that are harvested from the public water of the state for export.  Funds collected from shell export fees may be used only for research and mitigation and management activities associated with mussels and clams.
Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter A. Mussels and Clams › Section 78.005. Exemption for Personal Use and Consumption

Sec. 78.005.  EXEMPTION FOR PERSONAL USE AND CONSUMPTION.  A person who possesses a valid fishing license or who is a resident and is exempt from licensing requirements under Section 46.002 of this code may take or harvest from the public water of the state, for personal use and consumption only, not more than 25 pounds a day of whole mussels and clams, including shell and soft tissue, or 12 pounds a day of mussel and clam shells.
Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter A. Mussels and Clams › Section 78.006. Regulation of Taking, Possession, Purchase, and Sale of Mussels and Clams

Sec. 78.006.  REGULATION OF TAKING, POSSESSION, PURCHASE, AND SALE OF MUSSELS AND CLAMS.  (a)  The commission by proclamation may regulate the taking, possession, purchase, and sale of mussels and clams.  A proclamation issued under this section must contain findings by the commission that support the need for the proclamation.
(b)  In determining the need for a proclamation under Subsection (a) of this section, the commission shall consider:
(1)  measures to prevent the depletion of mussels and clams;
(2)  measures based on the best scientific information available;
(3)  measures to manage mussels and clams;
(4)  measures, where practicable, that will minimize cost and avoid unnecessary duplication in their administration;  and
(5)  measures that will enhance enforcement.
(c)  A proclamation issued under Subsection (a) of this section may limit the quantity and size of mussels and clams that may be taken, possessed, sold, or purchased and may prescribe the times, places, conditions, and means and manner of taking mussels and clams.
(d)  A proclamation of the commission under this section prevails over a proclamation of the commission issued under Chapter 61 of this code.
(e)  A proclamation of the commission under this section does not prevail over:
(1)  an order, rule, or regulation adopted by the commissioner of health;  or
(2)  a proclamation of the commission issued under Chapter 66 of this code.
Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter A. Mussels and Clams › Section 78.007. Unlawful Acts

Sec. 78.007.  UNLAWFUL ACTS.  A person who violates the provisions of this chapter commits a Class C Parks and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 88, eff. Sept. 1, 1985.  Renumbered from Sec. 78.004 and amended by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter B. Crab License Management › Section 78.101. Crab License Management Program

Sec. 78.101.  CRAB LICENSE MANAGEMENT PROGRAM.  To promote efficiency and economic stability in the crabbing industry and to conserve economically important crab resources, the department shall implement a crab license management program in accordance with proclamations adopted by the commission under Chapter 61 and this subchapter.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter B. Crab License Management › Section 78.102. Definitions

Sec. 78.102.  DEFINITIONS.  In this subchapter:
(1)  "Crab" means all species in the families Portunidae and Xanthidae.
(2)  "Commercial crab fishing" means pursuing, taking, attempting to take, or landing crabs in this state for pay or for the purpose of sale, barter, or exchange.
(3)  "License" means a commercial license issued in accordance with a proclamation under this subchapter that authorizes commercial crab fishing or the operation of a commercial crab boat.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter B. Crab License Management › Section 78.103. Crab License Management Review Board

Sec. 78.103.  CRAB LICENSE MANAGEMENT REVIEW BOARD.  (a)  The license holders under this chapter shall elect a crab license management review board with an odd number of members greater than four and fewer than 12.
(b)  A member of the review board must be a license holder under this subchapter or a wholesale fish dealer as defined by Section 47.001 with knowledge of the commercial crab fishing industry.
(c)  A majority of the members of the review board may not be residents of the same county.
(d)  The review board shall advise the commission and department and make recommendations concerning the administrative aspects of the crab licensing program, including the definition of flagrant offenses, and hardship appeal cases concerning eligibility, license transfer, license renewal, license suspension, and license revocation.
(e)  The executive director shall adopt procedures for determining the size and operations 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 crab trap tags after September 1, 1995, and before August 31, 1996, or from holders of licenses issued under this subchapter.
(f)  The review board is not subject to Article 6252-33, Revised Statutes.
(g)  A member of the review board serves without compensation or a per diem allowance.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter B. Crab License Management › Section 78.104. Licensing

Sec. 78.104.  LICENSING.  (a)  If the commission adopts one or more licenses to be issued under this subchapter, a person may not engage in commercial crab fishing without a license adopted by the commission.  If the commission adopts a commercial crab boat license to be issued under this subchapter, a person may not operate a boat for the purpose of commercial crab fishing without having a boat license as prescribed by the commission.
(b)  A proclamation under this section requiring a license must contain findings by the commission that support the need for the proclamation.  In determining the need for a license requirement, the commission shall consider:
(1)  measures to prevent waste or depletion of crabs while achieving, on a continuing basis, the optimum yield for the fishery;
(2)  the best scientific information available;
(3)  the effect a licensing program would have on the management of crabs throughout the jurisdictional range;
(4)  the need to promote, where practicable, efficiency in using crabs;  and
(5)  the need to enhance enforcement.
(c)  A proclamation issued under this section may:
(1)  establish a license that is issued to a person, to a person and limited to a vessel, or to a person according to the equipment used in commercial crab fishing, including issuing tags for crab traps placed in public waters under Section 66.018;
(2)  establish eligibility requirements for a license, including the use of historical participation in the industry or participation in the industry after August 31, 1995, and before November 14, 1996;
(3)  establish requirements for license transfer;
(4)  prohibit license transfer during certain time periods;  and
(5)  establish a lottery or an auction for issuing licenses.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter B. Crab License Management › Section 78.105. License Fee

Sec. 78.105.  LICENSE FEE.  The fee for a license is $500, 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.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter B. Crab License Management › Section 78.106. License Renewal

Sec. 78.106.  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 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter B. Crab License Management › Section 78.107. Limit on Number of Licenses Held

Sec. 78.107.  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 other than an equipment license.
(b)  A license issued to a person other than an individual must designate an individual in whose name the license will be issued.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle D - Crustaceans and Mollusks › Chapter 78 - Mussels, Clams, and Crabs › Subchapter B. Crab License Management › Section 78.108. Expiration of License

Sec. 78.108.  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 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1, 1997.