reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.392 - General Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may
				  collect or possess broodstock in public waters unless the person is in physical
				  possession of:
(1) a valid broodstock permit
				  issued by the department; and
(2) a
				  valid recreational fishing license issued by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.394 - Broodstock Collection; Notification

Current through Reg. 49, No. 28; July 12, 2024
The department's nearest coastal or inland regional
					 fisheries office and law enforcement office must be notified no less than 48
					 hours prior to commencement of broodstock collection.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.395 - Broodstock Permits; Fees, Terms of Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall not issue a permit
				  under this subchapter to any person who has, during the one-year period
				  preceding the date of application, been convicted for a violation of any
				  provision of this subchapter, provisions of a permit issued under this
				  subchapter, or:
(1) the Parks and Wildlife
				  Code, Chapter 66 or Chapter 75; or
(2) the Agriculture Code, Chapter
				  134.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.396 - Broodstock Permit; Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Broodstock permits expire 60 days from the date of issuance.
(b) Broodstock permits are not
				  transferable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.397 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
It is an offense for any person to:
(1) violate a provision of this
				  subchapter;
(2) violate a provision
				  of a permit issued under this subchapter;
(3) fail to comply with the reporting
				  requirements of this subchapter;
(4) provide false information in a report
				  required under this subchapter; or
(5) fail to remit to the department all
				  restitution fees assessed by the department within 14 days of
				  assessment.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.398 - Permit Denial

Current through Reg. 49, No. 28; July 12, 2024
A broodstock permit may be denied if:
(1) the applicant fails to satisfy all
				  required criteria for permit issuance required by this subchapter;
(2) the department finds that the prospective
				  collection activities could be detrimental to existing [fish] populations of
				  aquatic species at a specified collection site;
(3) the department finds that issuance of the
				  permit is inconsistent with department management or stocking programs in
				  specified public water;
(4) the
				  department finds that issuance of the permit could be reasonably expected to
				  interfere with sportfishing activities at a specified site;
(5) the species and numbers requested in the
				  permit application are reasonably available from commercial aquaculturists
				  within the state; or
(6) a
				  designated agent named in the broodstock permit application has violated any
				  provision of this subchapter in the five-year period preceding the date of
				  permit application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.399 - Permit Denial Review

Current through Reg. 49, No. 28; July 12, 2024
An applicant for a permit under this subchapter may request
					 a review of a decision of the department to refuse issuance of a permit or
					 permit renewal.
(1) An applicant
				  seeking review of a decision of the department with respect to permit issuance
				  under this subchapter shall first contact the department within 10 working days
				  of being notified by the department of permit denial.
(2) The department shall conduct the review
				  and notify the applicant of the results within 10 working days of receiving a
				  request for review. The decision of the review panel shall be final.
(3) The request for review shall be presented
				  to a review panel. The review panel shall be designated by the executive
				  director or chief operating officer and shall consist of three agency employees
				  at the level of program director or above who have knowledge of the affected
				  resources or programs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.400 - Reports

Current through Reg. 49, No. 28; July 12, 2024
A person holding a permit issued under this subchapter
					 shall submit a collection report to the department within seven days of any
					 collection activity conducted under a permit issued under this subchapter. The
					 report shall be on a form provided by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.401 - Restitution

Current through Reg. 49, No. 28; July 12, 2024
The department shall calculate the restitution value of
					 aquatic species taken under a permit issued under this subchapter and assess
					 the permit holder for that value. A permit holder shall pay the restitution
					 value within 14 days of being notified by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter G - MARKING OF VEHICLES › Section 57.500 - Marking of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
All motor vehicles, trailers, or semitrailers transporting
					 aquatic products for commercial purposes shall:
(1) exhibit the inscription "FISH" on the
				  rear of the vehicle. The inscription shall read from left to right and shall be
				  plainly visible at all times while transporting aquatic products. The
				  inscription "FISH" shall be attached to or painted on the vehicle, trailer, or
				  semitrailer in block, capital letters of good proportion in contrasting color
				  to the background and be at least six inches in height: or
(2) exhibit a single decal on the lower left
				  rear portion of the vehicle. The decal shall be in the form designated in this
				  proclamation and be at least six inches square with an image of the State of
				  Texas, white in color against a dark background in contrasting color to the
				  vehicle or trailer. The decal shall be plainly visible at all times while
				  transporting aquatic products.
Attached
					 Graphic
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter H - FISHERY MANAGEMENT PLANS › Section 57.691 - Fishery Management Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Texas Artificial Reef Fishery Management Plan and source document are
				  incorporated by reference.
(b) The
				  Texas Blue Crab Fishery Management Plan is incorporated by reference.
(c) The Oyster Fishery Management Plan and
				  the Economic Impact Analysis are adopted by reference.
(d) The Shrimp Fishery Management Plan and
				  the Economic Impact Analysis are adopted by reference.
(e) Copies of these plans may be obtained at
				  the Texas Parks and Wildlife Department Headquarters at 4200 Smith School Road,
				  Austin, Texas 78744.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter I - CONSISTENCY WITH FEDERAL REGULATIONS IN THE EXCLUSIVE ECONOMIC ZONE › Section 57.801 - Powers of the Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director shall have the duties, responsibilities, and authority to
				  take action as necessary, including but not limited to emergency rulemaking, to
				  modify state coastal fisheries regulations to conform with federal regulations
				  in the Exclusive Economic Zone and implement fishery management plans
				  ultimately approved by the Secretary of Commerce, including but not limited to
				  Exempted Fishing Permits (EFPs), when such action is deemed to be in the best
				  interest of the State of Texas.
(b)
				  The executive director shall promptly notify the chairman of the commission
				  when any such action is required and prior to any such action being
				  taken.
(c) The executive director
				  shall cause to be published in the Texas Register a public notice of any action
				  taken, including the period during which such action is to be in effect,
				  pursuant to subsection (a) of this section.
(d) Any action taken by the executive
				  director pursuant to this section shall remain in effect for the period
				  specified for such action, but shall not exceed the effective period of the
				  respective federal regulation in the Exclusive Economic Zone.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter J - FISH PASS PROCLAMATION › Section 57.901 - Cedar Bayou Fish Pass

Current through Reg. 49, No. 28; July 12, 2024
(a) Within the
				  distance inside Cedar Bayou between where Mesquite Bay flows into Cedar Bayou
				  and a "No Vessels" marker or sign erected by the department near the point
				  where Cedar Bayou empties into the Gulf of Mexico, it is an offense to:
(1) place any type of trap; or
(2) anchor or moor a vessel, barge, or
				  structure for a period exceeding two consecutive days.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter K - SCIENTIFIC AREAS › Section 57.910 - San Marcos River State Scientific Area

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The San Marcos River State
				  Scientific Area is established for the purpose of education, scientific
				  research, and preservation of flora and fauna of scientific or educational
				  value, specifically, the preservation of Texas wild-rice
(Zizania
				  texana).
(b) Boundaries.
				  The San Marcos River State Scientific Area consists of the public waters of the
				  San Marcos River from midstream to the boundary of public waters in the area
				  within the following boundaries:
(1) 29 53
				  26.04 Lat N, 97 55 55.29 Long W (northeast boundary near Spring Lake
				  Dam);
(2) 29 53 22.71 Lat N, 97 56
				  19.01 Long W (southeast boundary near the San Marcos Water Treatment
				  Plant);
(3) 29 51 52.63 Lat N, 97
				  55 56.07 Long W (southwest boundary near the San Marcos Water Treatment Plant);
				  and
(4) 29 51 53.92 Lat N, 97 55
				  31.94 Long W (northwest boundary near Spring Lake Dam).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter K - SCIENTIFIC AREAS › Section 57.921 - Redfish Bay State Scientific Area

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose: The Redfish Bay State Scientific Area is established for the purpose
				  of education, scientific research, and preservation of flora and fauna of
				  scientific or educational value.
(b) Boundaries:
(1) 27 59.538N; 097 3.858W (Northern
				  extremity of island forming northern boundary of Estes Cove);
(2) 27 59.232N; 097 4.434W (Intersection of
				  Gulf Intracoastal Waterway (GIWW) and Mouth of Cove Harbor);
(3) 27 55.986N; 097 6.804W (GIWW at Rocky
				  Ridge);
(4) 27 53.880N; 097 8.088W
				  (intersection of GIWW and Aransas Pass Shrimp Boat Channel);
(5) 27 53.058N; 097 8.502W (Intersection of
				  GIWW and Brown and Root Channel);
(6) 27 52.32N; 097 9.486W (Intersection of
				  GIWW and mouth of Redfish Bay Terminal);
(7) 27 49.483N; 097 11.255W (A point near the
				  southern extremity of Dagger Island where the Corpus Christi Ship Channel and
				  the GIWW intersect);
(8) 27
				  50.489N; 097 6.619W (A point north of the southwest arm of Harbor
				  Island);
(9) 27 50.613N; 097 6.614W
				  (A point northwest of the previous point, north of the southwest arm of Harbor
				  Island);
(10) 27 50.860N; 097
				  5.315W (A point north of the southeast portion of Harbor Island);
(11) 27 50.439N; 097 4.841W (A point in the
				  Corpus Christi Channel southeast of Harbor Island);
(12) 27 50.745 N; 097 3.66 W (A point on
				  Harbor Island at the intersection of Aransas Shrimp Boat Channel and Corpus
				  Christi Ship Channel);
(13) 27
				  52.420 N; 097 2.470 W (A point in Lydia Ann Channel);
(14) 27 55.020 N; 097 03.460 W (East of the
				  mouth of Corpus Christi Bayou).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter L - AQUATIC VEGETATION MANAGEMENT › Section 57.931 - State Aquatic Vegetation Plan Applicability

Current through Reg. 49, No. 28; July 12, 2024
The state plan governs throughout the state except where a
					 governing entity has adopted an approved local plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter L - AQUATIC VEGETATION MANAGEMENT › Section 57.933 - Adoption and Applicability of Local Aquatic Vegetation Plans

Current through Reg. 49, No. 28; July 12, 2024
A local aquatic vegetation plan may be adopted and shall
					 apply to particular public bodies of surface water as provided in Texas Parks
					 and Wildlife Code, §
										11.083.
					 A governing entity intending to operate under a local aquatic vegetation plan
					 shall seek approval of its proposed local aquatic vegetation plan under §
										57.934
					 of this title (relating to Local Aquatic Vegetation Plan).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter L - AQUATIC VEGETATION MANAGEMENT › Section 57.934 - Local Aquatic Vegetation Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  be approvable by TCEQ, TPWD, and TDA, a local plan must meet the minimum
				  standards set forth in §
										57.932
				  of this title (relating to State Aquatic Vegetation Plan). Additional or more
				  specific requirements are approvable.
(b) A local plan may take into account the
				  particular needs and uses of the public body or bodies of surface water to
				  which it will apply. The local plan may allow herbicide use if the person
				  proposing to apply the herbicide notifies the governing entity not later than
				  the 14th day before the proposed date of application. The local plan shall
				  provide that treatment proposals shall be submitted concurrently to TPWD and
				  the governing entity (on the form provided in the guidance document) no later
				  than the 14th day before the measures are to begin and that the governing
				  entity will review and may disapprove or amend any treatment proposal and will
				  respond no later than the day before the proposed control measures are to
				  begin. The person submitting the treatment proposal shall have the burden of
				  demonstrating compliance with the local plan.
(c) Proposed local plans should be developed
				  in cooperation with TPWD, TDA, and TCEQ, and shall be submitted to TPWD on a
				  form prepared by TPWD. TPWD will coordinate review of the plan by TCEQ and
				  TDA.
(d) Governing entities shall
				  seek and encourage public participation in the creation and review of local
				  plans. At a minimum, TPWD, TCEQ, or TDA will hold at least one public meeting
				  in the area affected by the local plan. Public comment will be received by
				  TPWD, TCEQ, and TDA for 30 days after the local plan is submitted for agency
				  approval. TPWD, TCEQ, and TDA will review and respond to local plan submittals
				  within 60 days of receipt.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter L - AQUATIC VEGETATION MANAGEMENT › Section 57.936 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
Governing entities shall retain copies of the following
					 documents generated under this subchapter for a minimum of five years from
					 generation: all local plan submissions and approvals, all treatment proposals
					 submitted to TPWD, all notices received and provided, all control measures
					 taken by the governing entity (including records of date, place, location,
					 type, and amount of all aquatic herbicide applications), and any other
					 information relevant to a particular individual request for shoreline
					 treatment.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter M - ARTIFICIAL REEFS › Section 57.950 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may
				  construct or attempt to construct an artificial reef in the coastal waters of
				  this state unless the person has entered into a Public Reefing Agreement (PRA)
				  with the department as described in §
										57.954
				  of this title (relating to Terms of Public Reefing Agreement (PRA)) for that
				  purpose.
(b) A PRA is not valid
				  unless it has been signed by the applicant and an employee of the department
				  authorized to approve a PRA.
(c)
				  The department may:
(1) inspect and approve
				  any reef units (on land or at sea) identified in a PRA;
(2) verify the location and composition of
				  any deployed reef unit; and
(3)
				  come aboard or accompany any vessel while the vessel is being used to deploy
				  reef materials under a PRA.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter M - ARTIFICIAL REEFS › Section 57.951 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
(1) Agent--A
				  person authorized by an applicant to act on behalf of the applicant.
(2) Applicant--Any person applying for a PRA.
				  For the purposes of this subchapter, the use of the term "applicant" also
				  includes the applicant's agent.
(3)
				  Approved Reef Unit--A reef unit which meets all standards, criteria and
				  requirements established in this subchapter and Parks and Wildlife Code,
				  Chapter 89.
(4) Coastal waters--The
				  navigable salt water of Texas and water of the federal exclusive economic zone
				  adjacent to Texas water.
(5)
				  Deployment--The act of placing approved materials and reef units onto an
				  approved artificial reef site.
(6)
				  Person--Any person, firm, partnership, association, corporation, or
				  entity.
(7) Reef Unit--Those
				  materials to be deployed as an artificial reef that constitute a single
				  approved item or multiple items that are permanently linked together.
(8) Staging Area--A physical location where
				  all reef units are stored for inspection.
(9) Vessel--Any watercraft or barge used to
				  transport materials for the construction of artificial reefs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter M - ARTIFICIAL REEFS › Section 57.952 - Applicability of Other Law

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  subchapter may not be construed as authorizing or allowing a person to act in
				  violation of any state or federal law, rule, or regulation.
(b) A PRA issued under this subchapter is not
				  a defense to prosecution for conduct not specifically authorized by the
				  agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter M - ARTIFICIAL REEFS › Section 57.953 - PRA Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  seeking a PRA from the department for the construction of an artificial reef in
				  the coastal waters of this state shall complete and submit an application to
				  the department on a form supplied by the department.
(b) The department may refuse to authorize a
				  PRA based on the following determinations:
(1)
				  the reef units described in the application fail to meet criteria described in
				  §
											57.955 of
				  this title (relating to Reef Material Criteria).
(2) the applicant's noncompliance with
				  previous PRAs;or
(3) failure of
				  reef units to meet criteria set forth herein.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter M - ARTIFICIAL REEFS › Section 57.954 - Terms of Public Reefing Agreement (PRA)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A PRA shall include provisions for:
(1) the
				  material to be used in the reef construction;
(2) the staging area of the material
				  identified in paragraph (1) of this subsection;
(3) the methods and procedures to be employed
				  in the preparation and deployment of the reef materials;
(4) the dates and times of all activities
				  involving the movement or deployment of reef materials;
(5) a period of validity, not to exceed 90
				  days, with the option of a one-time, 90-day extension of the PRA upon receipt
				  of a written request explaining the need for an extension. The PRA may be
				  amended based on the reasons for the extension and/or a renewal of a
				  PRA.
(6) notification of the
				  department no less than 72 hours prior to the departure of reef materials for
				  deployment, to include:
(A) the vessel
				  registration number of each vessel;
(B) the date and time of departure of each
				  vessel; and
(C) the estimated time
				  of arrival at the deployment site;
(7) the submission of the GPS coordinates of
				  all deployments to the department within five business days following
				  deployment;
(8) a statement
				  attesting that the applicant has read and understands the provisions of this
				  subchapter and the contents of the most current version of the department
				  publication entitled "The Texas Public Reef Building Program; Standard
				  Operating Protocol and Guidelines"; and
(9) any other stipulations, restrictions, or
				  conditions determined by the department to be necessary, based on the
				  particulars of the application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter M - ARTIFICIAL REEFS › Section 57.955 - Reef Material Criteria

Current through Reg. 49, No. 28; July 12, 2024
All materials employed in artificial reef construction
					 must:
(1) be of such construction and
				  material type so as not to break apart or disassociate; be of sufficient
				  density and weight to ensure that the material will remain fixed at its final
				  deployment location;
(2) be free of
				  pollutants and toxins in accordance with U.S. Coast Guard, U.S. Environmental
				  Protection Agency, and Texas Commission on Environmental Quality, or other
				  legally binding standards; and
(3)
				  be configured and deployed in such a manner that the materials will not
				  function to trap marine life when deployed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 1 - GENERAL PROVISIONS › Section 57.970 - Application and Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 This subchapter applies to:
(1) all persons
					 and activities governed under the applicable provisions of Parks and Wildlife
					 Code;
(2) all aquatic animal life,
					 except otherwise provided; and
(3)
					 all aquatic life caught in the Exclusive Economic Zone (EEZ) and landed in this
					 state for a recreational or commercial purpose.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 1 - GENERAL PROVISIONS › Section 57.973 - Devices, Means and Methods

Current through Reg. 49, No. 28; July 12, 2024
(a) In fresh
					 water only, it is unlawful to fish with more than 100 hooks on all devices
					 combined.
(b) Game and non-game
					 fish may be taken only by pole and line in or on:
(1) community fishing lakes;
(2) sections of rivers lying totally within
					 the boundaries of state parks;
(3)
					 any dock, pier, jetty, or other manmade structure within a state
					 park;
(4) the following lakes:
(A) Abilene (Abilene State Park in Taylor
					 County);
(B) Cleburne (Cleburne
					 State Park in Johnson County);
(C)
					 Elm (Brazos Bend State Park in Fort Bend County);
(D) Fort Parker (Fort Parker State Park in
					 Limestone County);
(E) Mineral
					 Wells (Mineral Wells State Park in Parker County);
(F) Pilant (Brazos Bend State Park in Fort
					 Bend County);
(G) Purtis Creek
					 (Purtis Creek State Park in Henderson and Van Zandt counties);
(H) Raven (Huntsville State Park in Walker
					 County);
(I) Sheldon (Sheldon Lake
					 State Park in Harris County);
(J)
					 Tucker (Palo Pinto Mountains State Park in Palo Pinto and Stephens counties);
					 and
(K) Deputy Darren Goforth Park
					 Lake (Harris County);
(5)
					 Brushy Creek (Williamson County) from the Brushy Creek Reservoir dam downstream
					 to the Williamson/Milam county line;
(6) Canyon Lake Project #6 (Lubbock
					 County);
(7) Lake Pflugerville
					 (Travis County);
(8) North Concho
					 River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam;
(9) South Concho River (Tom Green County)
					 from Lone Wolf Dam to Bell Street Dam; and
(10) Wheeler Branch (Somervell
					 County).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 1 - GENERAL PROVISIONS › Section 57.975 - Freeze Event Closures

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Definitions. For purposes of this section, the following terms shall have the
					 following meanings:
(1) Affected area--an area
					 of coastal water where game fish are known or expected to congregate in
					 response to cold weather conditions, making them vulnerable to
					 overharvest.
(2) Freeze--a period
					 of cold weather during which air temperatures are expected to cause coastal
					 water temperatures to fall below 40° F, creating a risk of depletion of one
					 or more game fish species.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 1 - GENERAL PROVISIONS › Section 57.976 - Importation of Aquatic Animal Life

Current through Reg. 49, No. 28; July 12, 2024
(a) No
					 person may import into this state or possess an aquatic wildlife resource taken
					 outside this state, unless the person possessing the aquatic wildlife resource
					 produces upon demand by a game warden a valid fishing, or other applicable
					 license, stamp, tag, permit, or document for the state or country in which the
					 wildlife resource was legally taken.
(b) A person possessing a wildlife resource
					 under this section must produce upon demand by a game warden a valid driver's
					 license or personal identification certificate.
(c) Any person may possess a wildlife
					 resource killed outside this state that is listed in this state as threatened
					 or endangered, provided the person possesses proof that the animal or bird was
					 lawfully killed.
(d) No person in
					 this state may possess an aquatic wildlife resource taken in the Exclusive
					 Economic Zone in violation of any applicable federal law, including but not
					 limited to aquatic resources taken:
(1) during
					 a closed season provided by federal law;
(2) within a protected length limit or in
					 excess of the daily bag limit established by federal law;
(3) with any gear or device prohibited by
					 federal law; or
(4) without a
					 license or permit required by federal law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 1 - GENERAL PROVISIONS › Section 57.977 - Spawning Event Closures

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. For
					 purposes of this section, the following terms shall have the following
					 meanings:
(1) Affected area--
(A) an area of fresh water containing
					 environmental conditions conducive for alligator gar spawning; or
(B) an area of fresh water where alligator
					 gar are in the process of spawning activity.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 1 - GENERAL PROVISIONS › Section 57.978 - Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
The penalties for a violation of this subchapter are
						prescribed by Parks and Wildlife Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 1 - GENERAL PROVISIONS › Section 57.979 - Unlawful Possession of Shark Fins

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful
					 for any person to, upon detaching a shark fin from a shark that is lawfully
					 possessed and being processed in a restaurant or place of business, fail to
					 immediately destroy the shark fin as prescribed in this section. Destroyed
					 shark fins shall be lawfully disposed of, either by a contracted waste removal
					 service or by direct transport to a landfill or waste facility permitted by the
					 Texas Commission on Environmental Quality to receive such material.
(b) In this section, the following terms
					 shall have the following meanings:
(1)
					 Destroy--to treat a shark fin by immersion in chlorine bleach, acid, or other
					 such chemical or chemical solution for a period of time sufficient to render
					 the shark fin inedible or otherwise unfit for human consumption.
(2) Immediately--At once, without delay,
					 promptly.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 2 - STATEWIDE RECREATIONAL FISHING PROCLAMATION › Section 57.980 - Application

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this division apply to any person
						who:
(1) engages in an activity for
					 which a recreational fishing license is required by Parks and Wildlife Code,
					 Chapter 46; or
(2) who is exempt
					 from the license requirement under the provisions of Parks and Wildlife Code,
					 Chapter 46.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 2 - STATEWIDE RECREATIONAL FISHING PROCLAMATION › Section 57.982 - Crabs and Ghost Shrimp

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful
					 while fishing on public waters to have in possession crabs or ghost shrimp in
					 excess of the daily bag limit as established for those waters.
(b) There are no bag, possession, or size
					 limits on crabs or ghost shrimp except as provided in this subchapter.
(c) It is unlawful to:
(1) possess egg-bearing (sponge) crabs or
					 stone crabs;
(2) possess blue
					 crabs less than five inches in width (measured across the widest point of the
					 body from tip of spine to tip of spine) except that not more than 5.0%, by
					 number, of undersized crabs may be possessed for bait purposes only, if placed
					 in a separate container at the time of taking;
(3) remove or possess the left claw from a
					 stone crab (each retained claw must be at least 2-1/2 inches long as measured
					 from the tip of the immovable claw to the first joint behind the claw);
(4) fail to return immediately a
					 stone crab to the waters where caught;
(5) buy or sell a female crab that has its
					 abdominal apron detached; or
(6)
					 possess more than 20 ghost shrimp (Callichiris islagrande) per
					 person.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 2 - STATEWIDE RECREATIONAL FISHING PROCLAMATION › Section 57.983

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 2 - STATEWIDE RECREATIONAL FISHING PROCLAMATION › Section 57.984 - Special Provisions - Digital Exempt Angler Red Drum Tag

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
					 the requirements of §
											57.981(c)(5)(G)
					 of this title (relating to Bag, Possession, and Length Limits), one red drum
					 exceeding the maximum length limit may be retained by a person who is by
					 statute or rule exempt from fishing license possession requirements, provided
					 the person has obtained a digital exempt angler red drum tag. A fish retained
					 under the provisions of this section may be retained in addition to the daily
					 bag and possession limit provided under §
											57.981(c)(5)(G)(iii)
					 of this title.
(b) A person who
					 lawfully takes a red drum under the provisions of subsection (a) of this
					 section is exempt from any requirement of Parks and Wildlife Code or this
					 subchapter regarding the use of license tags for that species; however, that
					 person shall immediately upon take ensure that a harvest report is created and
					 submitted via a mobile or web application provided by the department for that
					 purpose. If the absence of data connectivity prevents the receipt of a
					 confirmation number from the department following the report required by this
					 subparagraph, the person who took the red drum is responsible for ensuring that
					 the report required by this subparagraph is uploaded to the department
					 immediately upon the availability of network connectivity.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 2 - STATEWIDE RECREATIONAL FISHING PROCLAMATION › Section 57.985

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 3 - STATEWIDE COMMERCIAL FISHING PROCLAMATION › Section 57.990 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this division apply to any person who
						engages in an activity for which a commercial fishing license is required by
						statute or this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 3 - STATEWIDE COMMERCIAL FISHING PROCLAMATION › Section 57.991 - Commercial Fishing Seasons

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 commercial seasons for finfish species listed in this section and caught in
					 Texas waters shall run concurrently with commercial seasons established for the
					 same species caught in federal waters of the Exclusive Economic Zone
					 (EEZ).
(b) The commercial fishing
					 season in the EEZ will be set by the National Marine Fisheries Service for:
(1) red snapper under guidelines established
					 by the Fishery Management Plan for Reef Fish Resources for the Gulf of
					 Mexico;
(2) king mackerel under
					 guidelines established by the Fishery Management Plan for Coastal Migratory
					 Pelagic Resources of the Gulf of Mexico and South Atlantic; and
(3) sharks (all species, their hybrids and
					 subspecies) under guidelines established by the Fishery Management Plan for
					 Highly Migratory Species.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 3 - STATEWIDE COMMERCIAL FISHING PROCLAMATION › Section 57.993 - Commercial Harvest Report

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Definitions. For the purposes of this section, the following terms shall have
					 the following meanings:
(1) Applicable
					 license--a general commercial fishermen's license, a commercial finfish
					 fishermen's license, commercial shrimp boat captain's license, commercial crab
					 fishermen's license, commercial oyster boat captain's license, individual bait
					 dealer's license, or commercial vessel owner's license;
(2) Land--to bring to shore after
					 harvest;
(3) Reportable
					 activity--each instance in which an aquatic product taken under an applicable
					 license is landed or transferred to another person.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 3 - STATEWIDE COMMERCIAL FISHING PROCLAMATION › Section 57.994 - Individual Fishing Quota (IFQ)

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Texas Parks and Wildlife Department adopts by reference the provisions of
					 50 CFR
					 §
												622.21,
					 622.22,
					 and
					 622.30,
					 which shall govern the commercial take, possession, transportation, and landing
					 of red snapper, grouper, and tilefish in Texas waters.
(b) No person for commercial purposes may
					 take, possess, land, or sell red snapper, grouper, or tilefish in or via state
					 waters unless that person possesses a valid federal Commercial Vessel Permit
					 with applicable endorsements (if required) as provided by
					 50 CFR §
												622.20.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 3 - STATEWIDE COMMERCIAL FISHING PROCLAMATION › Section 57.995 - Menhaden

Current through Reg. 49, No. 28; July 12, 2024
(a) The commercial purse seine season for
					 menhaden (Brevoortia patronus) is open beginning on the third Monday in April
					 and will continue until whichever of the following first occurs:
(1) the annual landings limit for the season
					 has been reached; or
(2) the first
					 day in November.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 3 - STATEWIDE COMMERCIAL FISHING PROCLAMATION › Section 57.996 - Crabs and Ghost Shrimp

Current through Reg. 49, No. 28; July 12, 2024
(a) Bag, possession
					 and size limits.
(1) It is unlawful while
					 fishing on public waters to have in possession crabs or ghost shrimp in excess
					 of the daily bag limit as established for those waters.
(2) There are no bag, possession, or size
					 limits on crabs or ghost shrimp except as provided in this section.
(3) It is unlawful to:
(A) possess egg-bearing (sponge) crabs or
					 stone crabs;
(B) possess blue
					 crabs less than five inches in width (measured across the widest point of the
					 body from tip of spine to tip of spine) except that not more than 5.0%, by
					 number, of undersized crabs may be possessed for bait purposes only, if placed
					 in a separate container at the time of taking;
(C) remove or possess the left claw from a
					 stone crab (each retained claw must be at least 2-1/2 inches long as measured
					 from the tip of the immovable claw to the first joint behind the claw);
(D) fail to return immediately a
					 stone crab to the waters where caught;
(E) buy or sell a female crab that has its
					 abdominal apron detached; or
(F)
					 possess more than 20 ghost shrimp (Callichiris islagrande) for commercial
					 purposes.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 3 - STATEWIDE COMMERCIAL FISHING PROCLAMATION › Section 57.997 - Fishing Guide License Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) No person shall engage in business as a
					 fishing guide in the coastal waters of this state unless that person possesses
					 a fishing guide license and has paid the appropriate licensure fee for
					 saltwater use.
(b) No person
					 operating a vessel or boat as a fishing guide on or in the coastal waters of
					 this state may be issued a Fishing Guide license unless the person presents
					 documentation to the license deputy that the applicant possesses a valid and
					 appropriate U.S. Coast Guard Operator's License.
(c) No person shall engage in business as a
					 paddle craft fishing guide in the coastal waters of this state unless that
					 person possesses a Paddle Craft All-Water Guide license or an All Water Guide
					 license and has paid the appropriate license fee.
(d) No person may be issued a Paddle Craft
					 All-Water Guide license unless the person possesses proof that the person has
					 successfully completed:
(1) training in CPR
					 and First Aid from a department-approved organization;
(2) a department-approved boater education
					 course or equivalency examination; and
(3) a paddle craft leading course from the
					 American Canoe Association or another department-approved course.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter N - STATEWIDE RECREATIONAL AND COMMERCIAL FISHING PROCLAMATION › Division 4 - SPECIAL PROVISIONS TO PREVENT THE SPREAD OF EXOTIC AQUATIC SPECIES › Section 57.1000 - Prohibited Transport of Live Nongame Fish

Current through Reg. 49, No. 28; July 12, 2024
No person may leave a body of water listed in this
						section while in possession of a live nongame fish:
(1) the Red River and all tributary waters in
					 Grayson, Fannin, Lamar, Red River, and Bowie counties below Lake Texoma
					 downstream to the Texas/Arkansas border;
(2) Big Cypress Bayou downstream of Ferrell's
					 Bridge Dam on Lake O' the Pines, including the Texas waters of Caddo Lake;
					 and
(3) the Sulphur River
					 downstream of the Lake Wright Patman dam to the Texas/Arkansas
					 border.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter O - COASTAL MANAGEMENT AREAS › Section 57.1010 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to all activities
				  subject to department regulation on any tract of land designated by the
				  department as a coastal management area (CMA), regardless of the presence or
				  absence of boundary markers.
(b)
				  The following lands are CMAs:
(1) Follets
				  Island CMA in Brazoria County; and
(2) Matagorda Peninsula CMA in Matagorda
				  County.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter O - COASTAL MANAGEMENT AREAS › Section 57.1011 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Airboat--A
				  boat powered by a mechanical propulsion system that drives air, including, but
				  not limited to a fan, propeller, or jet.
(2) Arms and firearms--Any device from which
				  shot, a projectile, arrow, or bolt is fired by the force of an explosion,
				  compressed air, gas, or mechanical device, including, but not limited to, any
				  device described by Penal Code, §
										46.01(3),
				  rifle, shotgun, handgun, air rifle, pellet gun, longbow, cross bow, sling shot,
				  blow gun, or dart gun.
(3)
				  Camping--The use of CMA lands for overnight accommodation, which includes
				  sleeping, the storage of unattended personal possessions, or the use of a motor
				  vehicle as a lodging.
(4) Coastal
				  Management Area (CMA)--A type of wildlife management area classified under the
				  provisions of Parks and Wildlife Code, §
										13.001, for
				  purposes of managing coastal habitats and resources.
(5) Designated road--A constructed roadway
				  indicated as being open to the public by either signs posted to that effect or
				  by current maps and leaflets distributed at the area. Roads closed to the
				  public may additionally be identified by on-site signing, barricades at
				  entrances, or informational literature made available to the public. Designated
				  roads do not include county or state roads or highways.
(6) Motor vehicle--As defined by
				  Transportation Code, Chapter 541.
(7) Off-road vehicle--An ATV, a utility
				  vehicle, a vehicle that may not lawfully be operated on a public roadway, or
				  any vehicle that is manufactured or adapted for off-road use.