reglab/statecodes huggingface dataset:
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 57.1012 - Rules of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) This section applies to all CMAs unless
				  an exception for a specific area and time period is designated by the executive
				  director or by written permission of the department.
(2) The provisions of this section do not
				  apply to persons authorized by the department to conduct research on the area
				  and department employees in performance of their duties.
(3) It is an offense for any person to fail
				  to obey regulations posted at the area or policies established by order of the
				  executive director, fail to comply with instructions on permits or area
				  leaflets, or refuse to follow directives given by departmental personnel in the
				  discharge of official duties.
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 57.1015 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
The penalties for violation of this subchapter are
					 prescribed by Parks and Wildlife Code, §
										81.007.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.10 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to the taking,
				  attempting to take, possession, purchase, and sale of oyster resources in the
				  salt waters of Texas. It carries out the commission's rulemaking authority
				  granted by the legislature in Parks and Wildlife Code, Chapter 76. The law
				  covering the taking, attempting to take, possession, purchase, and sale of
				  oyster resources in the salt waters of Texas is set forth in both Parks and
				  Wildlife Code, Chapter 76 and this subchapter whereby the provisions of this
				  subchapter prevail over any conflicting provision of Parks and Wildlife Code,
				  Chapter 76 to the extent of the conflict as set forth in Parks and Wildlife
				  Code, §
										76.301.
(b) This subchapter also applies to
				  activities authorized under a certificate of location including the permitting
				  and marking of, as well as transplant of oysters to, and harvest of oysters
				  pursuant to a certificate of location.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.12 - Texas Oyster Fishery Management Plan

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Oyster Fishery Management Plan and the Economic Impact Analysis are adopted
				  by reference.
(b) Copies may be
				  obtained at the Texas Parks and Wildlife Department offices 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 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.21 - Taking or Attempting to Take Oysters from Public Oyster Beds

Current through Reg. 49, No. 28; July 12, 2024
(a) Seasons and Times.
(1) The open season extends from November 1
				  of one year through April 30 of the following year.
(2) Legal oystering hours--sunrise to 3:30
				  p.m.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.22 - Commercial Fishing

Current through Reg. 49, No. 28; July 12, 2024
(a) It is lawful to
				  take oysters for commercial use by non-mechanical means.
(b) Gear Restrictions. During the open public
				  season, it is unlawful while taking or attempting to take oysters for pay or
				  the purpose of sale, barter, or exchange or any other commercial purpose to:
(1) use more than one dredge;
(2) use a dredge which exceeds 48 inches in
				  width and a two-barrel capacity;
(3) have on board more than one dredge,
				  unless spare dredges are secured, to or on the wheelhouse, or to the deck in
				  such a manner as to not be readily accessible for use;
(4) have on board more than one winch chain,
				  cable, or rope unless spare chains, cables or ropes are secured below deck;
				  or
(5) have on board more than one
				  lifting block unless spare blocks are secured below deck.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.23 - Non-Commercial (Recreational) Fishing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  It is lawful to take oysters for personal use by non-mechanical
				  means.
(b) Gear Restrictions. It is
				  unlawful while taking or attempting to take oysters for personal use to:
(1) use a dredge that exceeds 14 inches in
				  width; or
(2) have more than one
				  dredge connected in any manner to a winch, chain or other lifting device during
				  the open public season; or
(3) have
				  on board any dredge(s), other than the one connected to a winch, chain, or
				  other lifting device, unless secured below deck, to or on the wheelhouse, or to
				  the deck in such a manner as to not be readily accessible for use.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.24 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
The penalties for violation of this subchapter are
					 prescribed by Parks and Wildlife Code, Chapter 76.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.30 - Certificate of Location

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Rules.
(1) No certificate of location will be
				  issued for:
(A) a natural oyster bed as
				  prescribed in Parks and Wildlife Code, §
												76.001;
(B) an area that has been fished as a public
				  reef within eight years of an application of a certificate of location as
				  prescribed in Parks and Wildlife Code, §
												76.003;
(C) a bay shore area within 100 yards of the
				  shore as prescribed in Parks and Wildlife Code, §
												76.004;
(D) an area subject to an exclusive riparian
				  right as provided under Parks and Wildlife Code, § 76.004 and §
												76.005;
(E) an area already under location;
				  or
(F) an area within 1,000 feet of
				  a location not owned or controlled by the applicant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.40 - Oyster Transplant Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Oysters for transplanting pursuant to certificate of location may be taken only
				  under a permit issued by the department.
(b) Oyster Transplant Application.
(1) The application for a transplant permit
				  must include the following information:
(A)
				  oyster certificate of location number;
(B) name and address of the holder of the
				  certificate of location and/or that of his designated agent;
(C) name, if documented, and/or registration
				  number of all boats to be used in transplanting operations;
(D) as prescribed in Parks and Wildlife Code,
				  §
												76.031,
				  the quantity of unculled oysters requested, and a description of areas from
				  which the oysters are requested to be taken; and
(E) beginning and ending dates of transplant
				  operations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.50 - Oyster Harvest Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Oysters may be harvested pursuant to a certificate of location only under a
				  permit issued by the department.
(b) Oyster Harvest Application.
(1) Written application for a harvest permit
				  must be received two business days prior to the requested harvest dates and
				  include the following:
(A) the oyster
				  certificate of location number;
(B)
				  the name of the holder of the certificate of location and/or that of his
				  designated agent;
(C) the name
				  and/or registration number of all boats to be used in harvesting operations;
				  and
(D) beginning and ending dates
				  for the permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.60 - Transplant or Harvest Permit Cancellation

Current through Reg. 49, No. 28; July 12, 2024
(a) Violations of the transplanting or
				  harvesting procedures include, but are not limited to, the following:
(1) harvesting oysters from areas under a
				  certificate of location other than covered under permit;
(2) harvesting oysters from restricted or
				  prohibited areas as designated by TDSHS;
(3) transplanting oysters from unauthorized
				  areas or to areas not authorized under a certificate of location;
(4) transplanting oysters without a valid
				  transplanting permit;
(5)
				  harvesting oysters without a valid harvesting permit;
(6) transplanting on or harvesting oysters
				  pursuant to a certificate of location from a location which is not properly
				  marked;
(7) failure to adhere to
				  any conditions of the permit;
(8)
				  failure to amend a transplant or harvest permit to include additions or
				  deletions of boats; or
(9) failure
				  to submit weekly transplant reports or monthly harvest reports.
(10) failure to have a valid permit on the
				  vessel during authorized activities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter A - STATEWIDE OYSTER FISHERY PROCLAMATION › Section 58.70 - Oyster License Buyback Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Delegation of Authority. The commission delegates power and authority to the
				  executive director to administer the Oyster License Buyback Program.
(b) License Buyback Bid Application Period.
(1) The department will open one or more
				  license buyback bid offer application periods (hereinafter referred to as an
				  application period) per license year if available funds permit.
(2) The department shall establish during
				  each application period a deadline for receipt of all applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.101 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to the taking,
				  attempting to take, possession, purchase, and sale of shrimp resources in the
				  salt waters of Texas. It carries out the Commission's rulemaking authority
				  granted by the legislature in Parks and Wildlife Code, Chapter 77. The law
				  covering the taking, attempting to take, possession, purchase, and sale of
				  shrimp resources in the salt waters of Texas is set forth in both Parks and
				  Wildlife Code, Chapter 77 and this subchapter whereby the provisions of this
				  subchapter prevail over any conflicting provision of Parks and Wildlife Code,
				  Chapter 77 to the extent of the conflict as set forth in Parks and Wildlife
				  Code, §
										77.007.
(b) This subchapter also applies to shrimp
				  caught in the Exclusive Economic Zone (EEZ) and landed in this state, under the
				  authority of Parks and Wildlife Code, §
										47.019(b)
				  (Federal Law also regulates species managed under Federal Fishery Management
				  Plan).
(c) Foreign Shrimp.
				  Provisions of this subchapter prohibiting possession, sale, purchase,
				  unloading, or other handling of shrimp apply to shrimp caught in this state and
				  shrimp coming from another state or country unless specifically provided
				  otherwise.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.103 - Shrimp Management Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Shrimp Fishery Management Plan and the Economic Impact Analysis are adopted by
				  reference.
(b) Copies may be
				  obtained at the Texas Parks and Wildlife Department offices 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 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.104 - Penalty and Responsibility for Violation

Current through Reg. 49, No. 28; July 12, 2024
A person who violates a provision of this subchapter is
					 subject to penalties and provisions as authorized by Parks and Wildlife Code,
					 Chapter 77.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.130 - Shrimp License Buyback Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Delegation of Authority. The commission delegates power and authority to the
				  executive director to administer the Shrimp License Buyback Program.
(b) License Buyback Bid Application Period.
(1) The department will open one or more
				  license buyback bid offer application periods (hereafter referred to as
				  application) per license year if available funds permit.
(2) The department shall establish during
				  each application period a deadline for receipt of all applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.150 - Sale, Purchase, and Handling of Shrimp - General Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Reporting by licensee. A licensee under
				  this section who catches and then sells shrimp in the state to individuals
				  other than shrimp house operator, wholesale fish dealer, retail fish dealer,
				  wholesale truck dealer, retail truck dealer, bait dealer, bait-shrimp dealer
				  shall submit to the department by the tenth day of each month, the report
				  required under Parks and Wildlife Code, §
										66.019.
(b) Possession after season: No person may
				  retain saltwater shrimp in their fresh state legally taken in the coastal water
				  of this state for more than five days after the end of an open season for the
				  taking of shrimp unless he is a licensed bait dealer, bait-shrimp dealer, or
				  sports fisherman.
(c) Handling of
				  shrimp.
(1) No shrimp house operator,
				  wholesale fish dealer, retail fish dealer, wholesale truck dealer, retail truck
				  dealer, bait dealer, bait-shrimp dealer, or other person holding a license
				  issued by the department may knowingly unload, buy, sell, transport, or handle
				  in any way shrimp or bait shrimp:
(A) from an
				  unlicensed gulf shrimp boat, an unlicensed commercial bay shrimp boat or an
				  unlicensed commercial bait shrimp boat;
(B) of a prohibited size;
(C) caught in the inside water or outside
				  water during respective closed seasons as provided in this subchapter;
				  or
(D) in violation of a provision
				  of this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.160 - Taking or Attempting to Take Shrimp (Shrimping) - General Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful to:
(1) take or attempt to take shrimp within the
				  boundaries of any natural or man-made pass leading from the inside waters to
				  the outside waters (Gulf of Mexico) of the state;
(2) use a trawl at a time when shrimping is
				  prohibited;
(3) possess a trawl of
				  any type or mesh size in an area where the trawl or mesh size are prohibited.
				  Such trawls may be possessed on vessels in port or in a marked channel going
				  directly to or from an area where the use of the trawl is permitted;
				  or
(4) head shrimp aboard a boat in
				  inside water or dump or deposit shrimp heads in the inside water.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.161 - Shrimping in Outside Waters

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Gulf net restrictions.
(1) Except as
				  otherwise provided in this section, no trawls may have a mesh size smaller than
				  8-3/4 inches in length between the two most widely separated knots in any
				  consecutive series of five stretched meshes after the trawl has been
				  used.
(2) Except as otherwise
				  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 periods provided by subsection (d) of this section is prima facie
				  evidence of a violation of this section.
(3) Electro-trawls. In outside waters beyond
				  5 nautical miles, an electro-trawl having an applied voltage of no more than
				  three volts may be used for taking shrimp.
(4) Number of trawls:
(A) There are no restrictions on the number
				  of trawls that may be used in outside waters except as provided in this
				  section;
(B) No more than two
				  trawls may be used in the outside waters from shoreline out to three nautical
				  miles except as provided in this section.
(5) Except as otherwise provided in this
				  section, in the outside waters from shoreline out to three nautical miles, the
				  main trawl:
(A) must have doors at least 3
				  feet long as measured along the door centerline from leading tip to the
				  trailing edge of the door; and
(B)
				  must not exceed any of the following dimensions, as measured along an
				  uninterrupted corkline from leading tip of door to leading tip of door
				  including any and all add-on devices or attachments to the corkline:
Attached
					 Graphic
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.162 - Shrimping in Inside Waters - General Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful:
(1) during the period April 1 through August
				  14, to take or attempt to take shrimp from the inside water except between the
				  hours of 30 minutes before sunrise to 30 minutes after sunset ;
(2) to use a trawl at a time when shrimping
				  is prohibited;
(3) to fail to have
				  the spreading devices:
(A) out of the water
				  and on the deck of the vessel, and the trawl bag untied at a time when
				  shrimping is prohibited; or
(B) out
				  of the water and at the towing block, and the trawl bag untied at a time when
				  shrimping is prohibited.
(4) to take or attempt to take shrimp from
				  inside water from 30 minutes after sunset to 30 minutes before sunrise except
				  as provided in this subchapter;
(5)
				  to take or attempt to take shrimp with a trawl at any other time or in any
				  other place in the Laguna Madre north of a line starting on the mainland at the
				  most northeasterly point on the north side of the entrance to Whiteley Channel
				  then proceeding in a straight line to the north end of Pita Island; then
				  continuing on a line to the southernmost point on the westerly most spoil
				  island bordering the north side of the New Humble Channel (commonly referred to
				  as Hap's Channel); then continuing on a line along the north edge of the New
				  Humble Channel (commonly referred to as Hap's Channel) to its junction with the
				  gulf Intracoastal Waterway; then continuing on a straight line to the
				  Nueces/Kleberg County line marker on Padre Island;
(6) to use or have on board more than one set
				  of doors or spreading device for the main trawl;
(7) to use or have on board more than one set
				  of doors or spreading device for the try net; or
(8) use more than one trawl at a time, except
				  a try net may also be used.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.163 - Shrimping in Inside Waters - Commercial Bay Shrimping

Current through Reg. 49, No. 28; July 12, 2024
(a) General rules.
(1) Open waters--commercial bay shrimp boats
				  may shrimp only in major bays.
(2)
				  It is unlawful for any person:
(A) aboard a
				  vessel licensed as a commercial bay shrimp boat to off-load, transfer, sell, or
				  barter any amount of live or dead shrimp to a person aboard another vessel;
				  or
(B) aboard a vessel to off-load,
				  transfer, purchase or barter from a person aboard a vessel licensed as a
				  commercial bay shrimp boat any amount of live or dead shrimp.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.164 - Shrimping Inside Waters - Commercial Bait Shrimping

Current through Reg. 49, No. 28; July 12, 2024
(a) General rules.
(1) A person who has on board or displays a
				  commercial bait-shrimp boat license must operate only under the bait-shrimp
				  rules of this section.
(2) Open
				  waters: commercial bait shrimp boats may shrimp only in bait bays and major
				  bays, except as otherwise provided in this subchapter.
(3) It is unlawful for any person:
(A) aboard a vessel licensed as a commercial
				  bait-shrimp boat to off-load, transfer, sell, or barter any amount of live or
				  dead shrimp, except an amount of live or dead shrimp not to exceed two quarts
				  per sport fisherman or one gallon (by volume) for two or more sport fishermen
				  may be off-loaded, transferred, sold or bartered to a person aboard a sport
				  fishing vessel; or
(B) aboard a
				  vessel to off-load, transfer, purchase, or barter from a person aboard a vessel
				  licensed as a commercial bait-shrimp boat any amount of live or dead shrimp,
				  except a person aboard a sport fishing vessel may off-load, transfer, purchase,
				  or barter an amount of live or dead shrimp not to exceed two quarts per sport
				  fisherman or one gallon (by volume) for two or more sport fishermen.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.165 - Non-Commercial (Recreational) Shrimping

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General rules.
(1) It is unlawful for any
				  person:
(A) to take or attempt to take
				  non-commercial shrimp in coastal waters by any means except an individual
				  bait-shrimp trawl, cast net, or minnow seine not larger than 20 feet in length
				  that is manually operated without the use of any mechanical means or
				  devices;
(B) to buy, sell, offer
				  for sale, or handle in any way for profit non-commercial shrimp caught with an
				  individual bait-shrimp trawl, cast net, or minnow seine not larger than 20
				  feet; or
(C) to possess or have on
				  board more than one individual bait-shrimp trawl.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter B - STATEWIDE SHRIMP FISHERY PROCLAMATION › Section 58.166 - Special Provision

Current through Reg. 49, No. 28; July 12, 2024
The provisions of §
										58.163(c)(4)(A)
					 of this title (relating to Shrimping in Inside Waters--Commercial Bay
					 Shrimping) are not effective as of the effective date of this
					 section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.201 - Crab License Management Program

Current through Reg. 49, No. 28; July 12, 2024
Delegation of Authority. The Commission delegates power and
					 authority to the executive director to administer the Crab License Management
					 Program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.202 - 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) Coastal waters--All the
				  salt water of this state (as defined in §
										65.3 of
				  this title (relating to Definitions)), including that portion of the Gulf of
				  Mexico within the jurisdiction of the state extending nine nautical miles from
				  the Gulf shoreline.
(2) Crab--All
				  species in the families Portunidae and Menippidae.
(3) Commercial crab fishing--Pursuing,
				  taking, attempting to take, or landing crabs in this state for pay or for the
				  purpose of sale, barter, or exchange.
(4) Possess--The act of having in possession
				  or control, keeping, detaining, restraining or holding.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.203 - Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not engage in commercial
				  crab fishing without a commercial crab fisherman's license.
(b) A person may operate a boat bearing a
				  commercial crab fisherman's display license plate, ONLY if that person
				  possesses on board the boat the following documentation:
(1) a commercial crab fisherman's license or
				  a general commercial fisherman's license; and
(2) a copy of an affidavit permitting the
				  boat operator to fish the commercial crab fishing devices owned by the person
				  to whom the commercial crab fisherman's license was issued. The affidavit must
				  contain the date, original signature of the licensee, and commercial crab
				  license number which matches the commercial crab license plate number on the
				  boat.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.204 - License Expiration

Current through Reg. 49, No. 28; July 12, 2024
Licenses issued under authority of Parks and Wildlife Code,
					 Chapter 78, and this subchapter 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 and extends through August
					 31 of the next year.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.205 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A boat operated
				  for the purposes of commercial crab fishing is required to have a commercial
				  crab fisherman's license plate issued under this subchapter prominently
				  displayed as to be clearly visible from both sides of the boat.
(b) No more than one set of commercial crab
				  fisherman's display license plates may be on board a commercial crab fishing
				  boat when the vessel is engaged in an activity for which a commercial crab
				  fisherman's license is required.
(c) When a license plate is required to be
				  aboard a vessel, the license plate must match the license aboard the
				  vessel.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.206 - Issuance and Renewal of Commercial Crab Fisherman's License

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may renew a commercial
				  crab fisherman's license only if the person seeking to renew the license held
				  the license to be renewed at the end of the previous license year.
(b) Individuals not meeting the requirements
				  set forth in subsection (a) of this section may appeal by application to the
				  Crab License Management Review Board as provided in Parks and Wildlife Code,
				  §
										78.103.
(c) When evaluating a license application or
				  license renewal application, the department may also consider department
				  records pertaining to the applicant's history in the crab fishery.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.207 - License Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in this section, a commercial crab fisherman's license may not be
				  transferred from one person to another before September 1, 2001.
(b) A commercial crab fisherman's license may
				  be transferred at any time, by will, or otherwise to any person who in the
				  absence of a will would be entitled to all or a portion of the licensee's
				  property upon death of the licensee.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.208 - Limit on Number of Licenses Held; Designated License Holder

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsection (b) of
				  this section, no person may hold or directly control more than three commercial
				  crab fisherman's licenses.
(b) A
				  commercial crab fisherman's license may only be issued to an individual. A
				  business or partnership must designate an individual to whom the license will
				  be issued.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.209 - License Suspension and Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The executive director, after notice and the opportunity for a hearing, may
				  suspend a commercial crab fisherman's license if the license holder and all
				  other operators of the vessel operated for the purposes of commercial crab
				  fishing, in the aggregate, are convicted of two or more flagrant offenses. The
				  suspension shall be for:
(1) six months, if:
(A) the date of each offense is within any
				  12-consecutive-month period; and
(B) the license holder has not previously had
				  a commercial crab fisherman's license suspended under this section;
				  or
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter C - STATEWIDE CRAB FISHERY PROCLAMATION › Section 58.210 - License Buyback Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Delegation of
				  Authority. The commission delegates power and authority to the executive
				  director to administer the Crab License Buyback Program.
(b) Twenty percent of commercial crab
				  fisherman's license and commercial crab fisherman's license transfer fees shall
				  be set aside to be used only for the purpose of buying back commercial crab
				  fisherman's licenses from a willing license holder.
(c) License buyback application period.
(1) The department will open license buyback
				  bid application periods (hereafter referred to as application) if available
				  funds permit.
(2) The department
				  shall establish during each application period a deadline for receipt of all
				  applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter D - FINFISH FISHERY PROCLAMATION › Section 58.301 - Finfish License Management Program

Current through Reg. 49, No. 28; July 12, 2024
Delegation of Authority. To the fullest extent allowed by
					 law, the commission delegates power and authority to the executive director to
					 administer the Finfish License Management Program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter D - FINFISH FISHERY PROCLAMATION › Section 58.302 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A boat operated
				  for the purposes of commercial finfish fishing is required to have a commercial
				  finfish fisherman's license plate issued under this subchapter prominently
				  displayed as to be clearly visible from both sides of the boat.
(b) No more than one set of commercial
				  finfish fisherman's license plates may be on board a commercial finfish fishing
				  boat when the vessel is engaged in an activity for which a commercial finfish
				  fisherman's license is required.
(c) When a license plate is required to be
				  aboard a vessel, the license plate must match the license aboard the
				  vessel.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter D - FINFISH FISHERY PROCLAMATION › Section 58.303 - License Transfer

Current through Reg. 49, No. 28; July 12, 2024
A commercial finfish fisherman's license may be transferred
					 at any time.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter D - FINFISH FISHERY PROCLAMATION › Section 58.304 - License Buyback Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Delegation of
				  Authority. To the fullest extent allowed by law, the commission delegates power
				  and authority to the executive director to administer the Finfish License
				  Buyback Program.
(b) Twenty percent
				  of commercial finfish fisherman's license and commercial finfish fisherman's
				  license transfer fees shall be set aside to be used only for the purpose of
				  buying back commercial finfish fisherman's licenses from a willing license
				  holder.
(c) License buyback
				  application period.
(1) The department will
				  open license buyback bid application periods (hereafter referred to as
				  application) if available funds permit.
(2) The department shall establish during
				  each application period a deadline for receipt of all applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.350 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to cultivated oyster mariculture
					 in this state. No provision of this subchapter may be construed as to relieve
					 any person of the need to comply with any other applicable provision of
					 federal, state, or local laws.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.351 - Application of Shellfish Sanitation Rules of Department of State Health Services

Current through Reg. 49, No. 28; July 12, 2024
All cultivated oyster mariculture operations conducted
					 under Parks and Wildlife Code, Chapter 75, must comply with the applicable
					 shellfish sanitation rules of the Texas Department of State Health Services in
					 25 TAC Chapter 241, Subchapter B.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.352 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
When used in this subchapter, the following words and
					 terms shall have the following meanings, except where the context clearly
					 indicates otherwise. All other words and terms used in this subchapter shall
					 have the meanings assigned by the Parks and Wildlife Code.
(1) Administratively complete--An application
				  for a permit or permit renewal that contains all information requested by the
				  department, as indicated on the application form, without omissions.
(2) Container--Any bag, sack, box, crate,
				  tray, conveyance, or receptacle used to hold, store, or transport oysters
				  possessed under a permit issued under this subchapter.
(3) Cultured oyster mariculture facility
				  (facility)--Any building, cage, or other infrastructure within a permitted
				  area.
(4) Gear tag--A tag composed
				  of material as durable as the device to which it is attached.
(5) Infrastructure--A building, platform,
				  dock, vessel, cage, nursery structure, or any other apparatus or equipment
				  within a permitted area.
(6)
				  Larvae--The free-swimming, planktonic life stage of an oyster.
(7) National Shellfish Sanitation Program
				  (NSSP)--The cooperative program administered by the United States Food and Drug
				  Administration (USFDA) for the sanitary control of shellfish produced and sold
				  for human consumption in the United States and adopted by rule of the
				  Department of State Health Services.
(8) Nursery structure--A tank or chamber or
				  system of tanks or chambers or other, similar devices in which a cultivated
				  oyster is grown.
(9) Oyster
				  seed--Shellstock of less than legal size.
(10) Permitted area--The geophysical and/or
				  geographical area identified in a permit where cultivated oyster mariculture
				  activities are authorized.
(11)
				  Permit Identifier (permit ID)--A unique alphanumeric identifier issued by the
				  department to a permittee holding a Cultivated Oyster Mariculture permit.
(12) Permittee--A person who holds
				  a permit issued under this subchapter.
(13) Prohibited Area--As defined by Texas
				  Health and Safety Code, §
										436.002(27).
(14) Restricted Area-- As defined
				  by Texas Health and Safety Code, §
										436.002(30).
(15) Restricted visibility--Any
				  condition in which visibility is restricted by fog, mist, falling snow, heavy
				  rainstorm, sandstorms, or any other similar causes.
(16) Shellstock (stock)--Live eastern oysters
(Crassotrea virginica)
in the shell.
(17) Wild-caught oyster--An oyster harvested
				  from natural oyster beds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.353 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may
				  engage in cultivated oyster mariculture in this state unless that person
				  either:
(1) physically possesses a valid
				  permit issued by the department authorizing the activity; or
(2) is acting as a subpermittee as provided
				  in this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.354 - Oyster Seed Hatchery

Current through Reg. 49, No. 28; July 12, 2024
A person to whom the department has issued a broodstock
					 permit under the provisions of Chapter 57, Subchapter F of this title for the
					 collection of wild oysters may furnish oyster seed or larvae produced from
					 wild-caught oysters to a COMP or nursery permitted under this subchapter;
					 however, all oysters that leave the hatchery shall be accompanied by a
					 transport document meeting the requirements of § 58.353(t) of this title
					 (relating to General Provisions).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.355 - Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant for a permit under this subchapter must submit an administratively
				  complete application to the department. The department will not review an
				  application that is not administratively complete.
(b) The department will publish notice of the
				  application for a permit under this subchapter and provide opportunity for
				  public comment. The department will consider all public comment relevant to
				  matters under the jurisdiction of the department.
(c) For proposed facilities that will be
				  within or partially within public water, the department will hold a public
				  meeting in the city or municipality closest to the proposed permitted area to
				  take public comment on the proposed project. The department will publish notice
				  of the public meeting at least two weeks prior to the meeting, in print or
				  electronically, in the daily newspaper of general circulation closest to the
				  proposed operational area. Costs of newspaper notice are the responsibility of
				  the applicant and no permit will be issued until the department has received
				  payment for the required notice.
(d) An application for a permit under this
				  subchapter shall be accompanied by the applicable permit fee established in
				  §
										53.13
				  of this title (relating to Business License and Permits (Fishing)).
(1) The department shall assess a
				  nonrefundable annual fee based on the size of the permitted area for which a
				  COMP or nursery permit is issued. The fee is as specified under §53.13 for
				  a COMP.
(2) For nursery structures
				  located on public waters, a surcharge in addition to the fee imposed by
				  paragraph (1) of this subsection shall be assessed as specified under
				  §53.13.
(3) The fees
				  established in this subsection shall be recalculated at three-year intervals
				  beginning on the effective date of the permit and proportionally adjusted to
				  any change in the Consumer Price Index.
(4) The fees established by this subsection
				  are due annually by the anniversary of the date of permit issuance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.356 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
The department may renew a permit under this subchapter,
					 provided the permittee has submitted an administratively complete application
					 for permit renewal on a form provided or approved by the department,
					 accompanied by the permit renewal fee specified in §
										53.13
					 of this title (relating to Business License and Permits
					 (Fishing)).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.357 - Amendment

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may amend a permit issued
				  under the provisions of this subchapter, provided the permittee:
(1) has submitted an administratively
				  complete application for permit amendment on a form provided or approved by the
				  department; and
(2) possesses all
				  necessary authorizations and permits required by any other state or federal
				  entity for the conduct of activities contemplated in the permit
				  amendment.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.358 - Reporting and Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  permittee shall:
(1) maintain a current,
				  accurate record of all shellstock and larvae acquired, introduced, removed, or
				  harvested from a permitted facility;
(2) submit the monthly harvest reports
				  prescribed by Parks and Wildlife Code, §
											66.019 on a
				  form provided or approved by the department; and
(3) complete and submit an annual report to
				  the department on a form provided or approved by the department by no later
				  than January 31 of each year.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.359 - Agency Decision to Refuse to Issue or Renew Permit; Review of Agency Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may refuse to issue to or renew a permit under this subchapter to any person
				  who has been finally convicted of, pleaded nolo contendere to, received
				  deferred adjudication, or assessed an administrative penalty for a violation
				  of:
(1) this subchapter;
(2) Parks and Wildlife Code, Chapters 47, 66,
				  76, 77, 78, or 75 for which a commercial license or permit is required;
(3) a provision of the Parks and
				  Wildlife Code that is not described by paragraph (2) of this subsection that is
				  punishable as a:
(A) Parks and Wildlife Code:
(i) Class A or B misdemeanor;
(ii) state jail felony;
(iii) felony; or
(B) offense under Parks and Wildlife Code,
				  §
												63.002; or
(4) the Lacey Act ( 16
				  U.S.C. §§ 3371-3378 ).