CHAPTER 47. COMMERCIAL FISHING LICENSES

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-47-commercial-fishing-licenses

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE A. HUNTING AND FISHING LICENSES

CHAPTER 47. COMMERCIAL FISHING LICENSES

SUBCHAPTER A. LICENSES

Sec. 47.001. DEFINITIONS. In this chapter:

(1) "Commercial fisherman" means a person who for pay or for the

purpose of sale, barter, or exchange or any other commercial

purpose:

(A) catches aquatic products from the water of this state except

finfish from the tidal waters of this state; or

(B) unloads in this state aquatic products that:

(i) were taken from water outside this state; and

(ii) have not been previously unloaded in another state or a

foreign country.

(2) "Commercial finfish fisherman" means a person who catches

finfish from the tidal waters of this state for pay or for the

purpose of sale, barter, exchange, or any other commercial

purpose. The term does not include a person who:

(A) holds an individual bait dealer's license issued under this

chapter;

(B) is in a vessel licensed under this chapter as a menhaden

boat and who takes menhaden; or

(3) "Wholesale fish dealer" means a person who operates a place

of business for selling, offering for sale, canning, preserving,

processing, or handling for shipments or sale aquatic products to

retail fish dealers, hotels, restaurants, cafes, consumers, or

other wholesale fish dealers. The term does not include the

holder of a bait-shrimp dealer's license.

(4) "Retail fish dealer" means a person who operates a place of

business for selling or offering for sale to a consumer aquatic

products, other than aquatic products that are sold by

restaurants for and ready for immediate consumption in individual

portion servings and that are subject to the limited sales or use

tax. For purposes of this subsection, "consumer" does not include

a wholesale fish dealer or a hotel, restaurant, cafe, or other

retail fish dealer.

(5) "Bait dealer" means a person who catches and sells minnows,

fish, shrimp, or other aquatic products for bait or a place of

business where minnows, fish, shrimp, or other aquatic products

are sold, offered for sale, handled, or transported for sale for

bait.

(6) "Fishing guide" means a person who, for compensation,

accompanies, assists, or transports a person or persons engaged

in fishing in the water of this state.

(7) "Tidal water" means all the salt water of this state,

including that portion of the state's territorial water in the

Gulf of Mexico within three marine leagues from shore.

(8) "Nontidal water" means all the water of this state excluding

tidal water.

(9) "Place of business" means a permanent structure on land or a

motor vehicle required to be registered under Section 502.002,

Transportation Code, where aquatic products or orders for aquatic

products are received or where aquatic products are sold or

purchased but does not include a boat or any type of floating

device, a public cold storage vault, the portion of a structure

that is used as a residence, or a vehicle from which no orders

are taken or no shipments or deliveries are made other than to

the place of business of a licensee in this state.

(10) "Menhaden fish plant" means a fixed installation on land

designed, equipped, and used to process fish and the by-products

of fish by the application of pressure, heat, or chemicals or a

combination of pressure, heat, and chemicals to raw fish to

convert the raw fish into fish oil, fish solubles, fish scraps,

or other products.

(11) "Red drum" means the species Sciaenops ocellata, commonly

called "redfish."

(12) "Resident" means an individual who has resided continuously

in this state for more than six months immediately before

applying for a license required by this chapter from the

department.

(13) "Nonresident" means an individual who is not a resident.

(14) "Finfish" means those living natural resources having

either cartilaginous or bony skeletons (Chondrichthyes and

Osteichthyes).

(15) "Permanent structure" means a building designed, planned,

and constructed so as to remain at one location.

(16) "Aquatic product" means any live or dead, uncooked, fresh

or frozen aquatic animal life.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1977, 65th Leg., p. 214, ch. 105, Sec. 2,

eff. Sept. 1, 1977; Acts 1977, 65th Leg., p. 720, ch. 270, Sec.

1, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 550, ch. 260,

art. 4, Sec. 1, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p.

1398, ch. 623, Sec. 5, 6, eff. Aug. 27, 1979; Acts 1981, 67th

Leg., p. 924, ch. 339, Sec. 1, eff. June 10, 1981; Acts 1987,

70th Leg., ch. 29, Sec. 1, 2, eff. April 22, 1987; Acts 1989,

71st Leg., ch. 255, Sec. 14, eff. July 31, 1989; Acts 1991, 72nd

Leg., ch. 301, Sec. 3, eff. Sept. 1, 1991; Acts 1991, 72nd Leg.,

ch. 723, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch.

365, Sec. 5, 6, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch.

862, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165,

Sec. 30.233, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256,

Sec. 54, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 455, Sec.

1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 859, Sec. 1,

eff. Sept. 1, 2003.

Sec. 47.002. GENERAL COMMERCIAL FISHERMAN'S LICENSE. (a) No

person may engage in business as a commercial fisherman unless he

has obtained a general commercial fisherman's license.

(b) The license fee for a general commercial fisherman's license

is $15 or an amount set by the commission, whichever amount is

more.

fisherman's license is $100 or an amount set by the commission,

whichever amount is more. A nonresident who is residing in a

state that denies the privilege of commercial fishing in that

state to a Texas resident because of residency status is not

eligible for a nonresident general commercial fisherman's

license.

(d) A person who is in a vessel licensed under this chapter as a

menhaden boat and who takes menhaden is not required to obtain or

possess a general commercial fisherman's license.

(e) A person who catches or assists in catching shrimp on a

vessel licensed as a commercial shrimp boat under Chapter 77 is

not required to obtain or possess a general commercial

fisherman's license. The exemption provided by this section

applies even though aquatic life other than shrimp are caught if

that catching is incidental to lawful shrimping.

(f) A person who takes or assists in taking oysters on a vessel

licensed as a commercial oyster boat under Chapter 76 is not

required to obtain or possess a general commercial fisherman's

license.

(g) A person who is licensed as a bait dealer under this chapter

is not required to obtain or possess a general commercial

fisherman's license if the person is catching bait only.

(h) A person who engages in or assists in commercial crab

fishing under Subchapter B, Chapter 78, and who holds a license

for that activity is not required to obtain or possess a general

commercial fisherman's license or a commercial fishing boat

license.

(i) A person who engages in commercial finfish fishing under

Subchapter D and who holds a commercial finfish fisherman's

license issued under Subchapter D in their immediate possession

is not required to obtain or possess a general commercial

fisherman's license.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 1398, ch. 623, Sec. 7,

eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2542, ch. 676, art.

1, Sec. 1, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1332, ch.

277, Sec. 24, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267,

art. 2, Sec. 36, eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch.

862, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1256,

Sec. 128, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 455, Sec.

2, eff. Sept. 1, 1999.

Sec. 47.004. RESIDENT FISHING GUIDE LICENSE. (a) No resident

may engage in business as a fishing guide unless the resident has

obtained a resident fishing guide license.

(b) The commission may adopt rules governing the issuance and

use of a resident fishing guide license, including rules creating

separate resident fishing guide licenses for use in saltwater and

freshwater.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 1333, ch. 277, Sec. 26,

eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

38, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 365, Sec. 7,

eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 56, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 859, Sec. 2, eff. Sept.

1, 2003.

Sec. 47.005. NONRESIDENT FISHING GUIDE LICENSE. (a) No

nonresident may engage in business as a fishing guide unless the

nonresident has obtained a nonresident fishing guide license.

(b) The commission may adopt rules governing the issuance and

use of a nonresident fishing guide license, including rules

creating separate nonresident fishing guide licenses for use in

saltwater and freshwater.

Added by Acts 2003, 78th Leg., ch. 859, Sec. 3, eff. Sept. 1,

2003.

Sec. 47.006. LICENSE FEE. The license fee for resident,

nonresident, freshwater, and saltwater guides is $75 or an amount

for each guide type set separately by the commission, whichever

amount is more.

Added by Acts 2003, 78th Leg., ch. 859, Sec. 4, eff. Sept. 1,

2003.

Sec. 47.007. COMMERCIAL FISHING BOAT LICENSE. (a) No person

may use a vessel required to be numbered or registered under the

laws of this state or the United States for the purpose of

catching or assisting in catching aquatic products except shrimp,

oysters, or menhaden, from the waters of this state, or have on

board a vessel, or unload, or allow to be unloaded at a port or

point in this state, edible aquatic products caught or taken from

salt water outside the state without having been previously

unloaded in some other state or foreign country, for pay or for

the purpose of sale, barter, exchange, or any other commercial

purpose unless the vessel is licensed as a commercial fishing

boat and has a commercial fishing boat number affixed to it.

(b) Except as provided by Subsection (e) of this section, the

fee for a commercial fishing boat license and number is $10.50 or

an amount set by the commission, whichever amount is more.

use of commercial fishing boat numbers. Each boat required to be

licensed by this section shall have the number affixed to the bow

of the boat or to such other location on the boat as will be

readily accessible for unimpaired visual inspection of the number

by a person on another boat. In such instances where the number

will not properly affix to a wooden boat, the commission shall

provide for an alternate means of identification of such boat.

Unless provided otherwise herein or by the rules of the

commission, a license issued under this section is not valid

unless the number is affixed to the boat as required by this

section and the rules of the commission.

(d) An applicant for a commercial fishing boat license, which is

not a renewal of the previous year's license, must submit to the

department the vessel's United States Coast Guard Certificate of

Documentation or Texas' or other state's Certificate of Number

for a vessel or motorboat. The license issued by the department

must contain:

(1) the name of the boat if the boat is registered with the

United States Coast Guard; and

(2) the number appearing on the United States Coast Guard

Certificate of Documentation or Texas' or other state's

Certificate of Number.

(e) The fee for a commercial fishing boat license for a boat

that is not numbered under Chapter 31 of this code or does not

have a certificate of documentation issued by the United States

Coast Guard that lists an address in Texas for the boat owner or

other criteria established by the commission is $60 or an amount

set by the commission, whichever amount is more.

(f) A person who engages in commercial finfish fishing under

Subchapter D and who holds a commercial finfish fisherman's

license issued under Subchapter D in their immediate possession

is not required to obtain or possess a commercial fishing boat

license.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1981, 67th Leg., p. 377, ch. 153, Sec. 10,

eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 1333, ch. 277, Sec.

27, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4055, ch. 634,

Sec. 5, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art.

2, Sec. 40, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 621,

Sec. 2, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 255, Sec.

15, eff. July 31, 1989; Acts 1991, 72nd Leg., ch. 723, Sec. 2,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 365, Sec. 8, 9,

eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 450, Sec. 24, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 60, eff. June

16, 1995; Acts 1999, 76th Leg., ch. 455, Sec. 3, eff. Sept. 1,

1999.

Sec. 47.008. MENHADEN BOAT LICENSES. (a) A boat may not be

used for the purpose of catching, storing, and transporting

menhaden in tidal water unless the owner of the boat has acquired

a Class A menhaden boat license.

(b) A boat may not be used for the purpose of assisting in

catching menhaden in tidal water unless the owner of the boat has

acquired a Class B menhaden boat license.

an amount set by the commission, whichever amount is more, for

each yearly period.

(d) The commission shall set the license fee for each Class B

menhaden boat for each yearly period in an amount not to exceed

$50.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1981, 67th Leg., p. 2542, ch. 676, art. 1,

Sec. 3, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 267, art.

2, Sec. 41, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 365,

Sec. 10, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 27, Sec.

1, eff. Sept. 1, 1997.

Sec. 47.009. WHOLESALE FISH DEALER'S LICENSE. (a) Except as

provided by Subsection (c) of this section, no person may engage

in business as a wholesale fish dealer unless he has obtained a

wholesale fish dealer's license.

(b) The license fee for a wholesale fish dealer's license is

$400 for each place of business or an amount set by the

commission, whichever amount is more.

aquaculture facility under Section 134.011, Agriculture Code, is

not required to obtain or possess a wholesale fish dealer's

license if the person's business activities with regard to the

sale of aquatic products involve aquatic products raised on the

person's aquaculture facility only.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, Sec. 28,

eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

42, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 491, Sec. 6,

eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 57, eff.

Sept. 1, 1997.

Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE FISH

DEALERS. No wholesale fish dealer may purchase for resale or

receive for sale, barter, exchange, or any other commercial

purpose any aquatic product from any person or entity in this

state unless he purchases the product from the holder of:

(1) a general commercial fisherman's license;

(2) a commercial oyster fisherman's license;

(3) a commercial oyster boat license;

(4) a wholesale fish dealer's license;

(5) a fish farmer's license;

(6) a commercial shrimp boat license;

(7) a commercial oyster boat captain's license;

(8) a commercial shrimp boat captain's license;

(9) a commercial crab fisherman's license; or

(10) a commercial finfish fisherman's license.

Added by Acts 1981, 67th Leg., p. 2384, ch. 595, Sec. 1, eff.

Aug. 31, 1981. Amended by Acts 1985, 69th Leg., ch. 827, Sec. 1,

eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 255, Sec. 16, eff.

July 31, 1989; Acts 1991, 72nd Leg., ch. 586, Sec. 3, eff. Sept.

1, 1991; Acts 1991, 72nd Leg., ch. 723, Sec. 3, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 365, Sec. 11, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 862, Sec. 3, eff. Sept. 1, 1995; Acts

1999, 76th Leg., ch. 455, Sec. 4, eff. Sept. 1, 1999.

Sec. 47.010. WHOLESALE TRUCK DEALER'S FISH LICENSE. (a) The

license fee for a wholesale truck dealer's fish license is $250

for each truck or an amount set by the commission, whichever

amount is more.

(b) A resident who holds a fish farm vehicle license under

Section 134.012, Agriculture Code, is not required to obtain a

license for the vehicle under this section if the vehicle is used

with regard to the sale or transportation of only aquatic

products raised on a licensed Texas aquaculture facility

belonging to the owner of the vehicle.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, Sec. 29,

eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

43, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 58,

eff. Sept. 1, 1997.

Sec. 47.011. RETAIL FISH DEALER'S LICENSE. (a) Except as

provided by Subsection (c) of this section, no person may engage

in business as a retail fish dealer unless he has obtained a

retail fish dealer's license.

(b) The license fee for a retail fish dealer's license is $30

for each place of business or an amount set by the commission,

whichever amount is more.

facility under Section 134.011, Agriculture Code, is not required

to obtain or possess a retail fish dealer's license if the

person's business activities with regard to the sale of aquatic

products involve aquatic products raised on the person's

aquaculture facility only.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, Sec. 30,

eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

44, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 491, Sec. 7,

eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 586, Sec. 4, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 59, eff.

Sept. 1, 1997.

Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH

DEALERS. No retail fish dealer may purchase for resale or

receive for sale, barter, exchange, or any other commercial

purposes any aquatic products from any person or entity in this

state unless he purchases the product from the holder of:

(1) a wholesale fish dealer's license;

(2) a general commercial fisherman's license, a commercial

shrimp boat license, a commercial shrimp boat captain's license,

a commercial crab fisherman's license, or a commercial finfish

fisherman's license when the retail fish dealer has given written

notification to the director or his designee of the dealer's

intent to purchase aquatic products from the holder of a general

commercial fisherman's license, a commercial shrimp boat license,

a commercial shrimp boat captain's license, a commercial crab

fisherman's license, or a commercial finfish fisherman's license;

(3) a fish farmer's license.

Added by Acts 1981, 67th Leg., p. 2384, ch. 595, Sec. 1, eff.

Aug. 31, 1981. Amended by Acts 1985, 69th Leg., ch. 827, Sec. 2,

eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 491, Sec. 8, eff.

Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 586, Sec. 3, eff. Sept.

1, 1991; Acts 1991, 72nd Leg., ch. 723, Sec. 4, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 365, Sec. 12, eff. Sept. 1, 1993;

Acts 1993, 73rd Leg., ch. 457, Sec. 3, eff. Sept. 1, 1993; Acts

1995, 74th Leg., ch. 862, Sec. 4, eff. Sept. 1, 1995; Acts 1999,

76th Leg., ch. 455, Sec. 5, eff. Sept. 1, 1999.

Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT OWNER,

OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or

employee may purchase for consumption by the restaurant's patrons

on the restaurant's premises any aquatic product from any person

or entity in this state unless the person purchases the aquatic

product from the holder of:

(1) a wholesale fish dealer's license;

(2) a general commercial fisherman's license;

(3) a fish farmer's license;

(4) a commercial shrimp boat license;

(5) a commercial shrimp boat captain's license;

(6) a commercial crab fisherman's license; or

(7) a commercial finfish fisherman's license.

Added by Acts 1985, 69th Leg., ch. 827, Sec. 3, eff. Aug. 26,

1985. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 9, eff.

Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 586, Sec. 3, eff. Sept.

1, 1991; Acts 1991, 72nd Leg., ch. 723, Sec. 5, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 365, Sec. 13, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 862, Sec. 5, eff. Sept. 1, 1995; Acts

1999, 76th Leg., ch. 455, Sec. 6, eff. Sept. 1, 1999.

Sec. 47.013. RETAIL DEALER'S TRUCK LICENSE. (a) Except as

provided by Subsection (c) of this section, a person may engage

in the business of selling edible aquatic products from a motor

vehicle to consumers only if he obtains a retail dealer's truck

license.

(b) The license fee for a retail dealer's truck license is $50

for each truck or an amount set by the commission, whichever

amount is more.

134.012, Agriculture Code, is not required to obtain a license

for the vehicle under this section when the vehicle is used with

regard to the sale or transportation of only aquatic products

raised on a licensed Texas aquaculture facility belonging to the

owner of the vehicle.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 1334, ch. 277, Sec. 31,

eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

45, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 491, Sec. 10,

eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 586, Sec. 5, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 60, eff.

Sept. 1, 1997.

Sec. 47.014. BAIT DEALER'S LICENSE. (a) No person may engage

in business as a bait dealer unless the person has obtained the

appropriate bait dealer's license.

(b) The license fee for a bait dealer's license is $20 for each

place of business or an amount set by the commission, whichever

amount is more.

aquaculture facility under Section 134.011, Agriculture Code, is

not required to obtain or possess a bait dealer's license if the

person's business activities with regard to the sale of aquatic

products for bait involve only aquatic products raised on the

person's aquaculture facility.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1977, 65th Leg., p. 214, ch. 105, Sec. 3,

eff. Sept. 1, 1977; Acts 1983, 68th Leg., p. 1335, ch. 277, Sec.

32, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2,

Sec. 46, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec.

61, eff. Sept. 1, 1997.

Sec. 47.016. MENHADEN FISH PLANT LICENSE. (a) No person may

operate a menhaden fish plant unless he has obtained a menhaden

fish plant license.

(b) Applications for a menhaden fish plant license must be

submitted on forms prescribed by the department and accompanied

by a filing fee. The filing fee is $100 or an amount set by the

commission, whichever amount is more. The filing fee shall be

accompanied by a certified copy of an order of the commissioners

court of the county in which the plant will be located

containing:

(1) a description of the plant and its location; and

(2) approval of the court for the construction and operation of

the plant.

disapproving the construction of a plant are final and may not be

reviewed or appealed.

(d) A menhaden fish plant license shall be issued after a

hearing and a finding by the department that the construction and

operation of the plant is in the public interest. Regardless of

the decision of the department, the filing fee is not refundable.

(e) Notice of the hearing must be given at least 20 days prior

to the date set for the hearing to the county judge of the county

in which the plant is to be constructed and to all known

interested parties.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 1335, ch. 277, Sec. 34,

eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, Sec.

48, eff. Sept. 1, 1985.

Sec. 47.017. RENEWAL OF FISH PLANT LICENSE. The department

shall renew a menhaden fish plant license on the application of

the licensee and on the payment of a renewal fee of $50 or an

amount set by the commission, whichever amount is more.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 49,

eff. Sept. 1, 1985.

Sec. 47.018. INTERSTATE TRANSPORTATION. (a) No person may

bring into this state and deliver aquatic products for commercial

purposes unless the person has obtained a wholesale fish dealer's

license, a retail fish dealer's license, or a bait dealer's

license, as applicable, issued under this subchapter.

(b) Aquatic products lawfully taken from the waters of another

state may be sold within this state by licensed dealers without

regard to size limitations imposed on such products taken within

this state. A record of the source and disposition of such

undersize or oversize products shall be maintained by the dealer

for as long as the undersize or oversize products are retained

and for at least 30 days thereafter.

for commercial purposes unless the transporter first obtains a

wholesale fish dealer's license or a retail fish dealer's

license.

(d) A person who delivers aquatic products for a licensed

wholesale fish dealer or retail fish dealer must possess a copy

of the dealer's license while making deliveries.

(e) Repealed by Acts 1995, 74th Leg., ch. 862, Sec. 9, eff.

Sept. 1, 1995.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 1399, ch. 623, Sec. 10,

eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 621, Sec. 3, eff.

Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 723, Sec. 6, eff. Sept.

1, 1991; Acts 1995, 74th Leg., ch. 862, Sec. 9, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 1256, Sec. 62, eff. Sept. 1,

1997.

Sec. 47.0181. AQUATIC PRODUCT TRANSPORTATION INVOICES. (a) No

person, except a commercial fisherman licensed to take aquatic

products from Texas waters transporting the fisherman's own catch

within this state, may transport aquatic products for commercial

purposes, regardless of origin or destination, without an invoice

containing the following information correctly stated and legibly

written:

(1) the invoice number;

(2) the date of shipment;

(3) the name and physical address of shipper;

(4) the name and physical address of receiver;

(5) the license number of shipper; and

(6) the quantity of aquatic products contained in the shipment;

finfish by species and by number or weight, oysters by volume,

and all other aquatic products by weight.

(b) Aquatic product transportation invoices must be prepared by

the shipper and copies retained on file by both shipper and

receiver for at least one year from the date of shipment. The

shipper shall sequentially number the invoices during each

license period. No invoice number may be used twice during any

one license period by an individual licensee.

Added by Acts 1991, 72nd Leg., ch. 723, Sec. 7, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 63, eff.

Sept. 1, 1997.

Sec. 47.0182. AQUATIC PRODUCT SHIPPING REQUIREMENTS. (a) Each

container of aquatic products shipped for commercial purposes

must have a label attached to the outside listing the following

information correctly stated and legibly written:

(1) the aquatic product transportation invoice number of the

shipment of which the container is a part; and

(2) the kind and weight of aquatic product.

(b) No person may ship finfish in individual packages that

contain more than one species of aquatic life.

violation of Subsection (a) or (b) of this section commits an

offense.

Added by Acts 1991, 72nd Leg., ch. 723, Sec. 7, eff. Sept. 1,

1991.

Sec. 47.0183. TRANSPORTATION OF AQUATIC PRODUCTS; DISPLAY OF

DOCUMENTS. (a) A person transporting aquatic products for

commercial purposes commits an offense if:

(1) the person does not possess the license or a copy of the

license authorizing the commercial transportation;

(2) the person does not keep with the aquatic product any

document, including a tag, invoice, or bill of lading, that is

required by this code or a regulation of the commission for

transporting aquatic products; or

(3) the person does not, on the request of a game warden,

present to the game warden without delay a license, copy of a

license, or document required by this code or a regulation of the

commission for transporting aquatic products.

(b) A culpable mental state is not required to establish an

offense under this section.

Added by Acts 1991, 72nd Leg., ch. 723, Sec. 7, eff. Sept. 1,

1991.

Sec. 47.019. EXCLUSIVE ECONOMIC ZONE. (a) Any vessel operating

in the exclusive economic zone that lands fish, shrimp, crabs, or

other aquatic organisms in this state is required to be licensed

and registered as provided by Chapters 47 and 77 of this code.

(b) The commission may adopt regulations for vessels in the

exclusive economic zone that land fish, shrimp, crabs, or other

aquatic organisms in this state.

Added by Acts 1987, 70th Leg., ch. 217, Sec. 1, eff. Sept. 1,

1987.

For expiration of this section, see Subsection (b).

Sec. 47.021. LICENSE FEES. (a) Fees for licenses issued under

Sections 47.009, 47.011, and 47.013 may not be increased by more

than 20 percent of the amount of the fee set by the commission

and effective on September 1, 2002.

(b) This section expires September 1, 2013.

Added by Acts 2003, 78th Leg., ch. 265, Sec. 9, eff. June 18,

2003; Acts 2003, 78th Leg., ch. 677, Sec. 7, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

360, Sec. 1, eff. August 29, 2005.

Acts 2005, 79th Leg., Ch.

1303, Sec. 1, eff. August 29, 2005.

Acts 2007, 80th Leg., R.S., Ch.

756, Sec. 1, eff. August 29, 2007.

Acts 2007, 80th Leg., R.S., Ch.

999, Sec. 1, eff. August 29, 2007.

Acts 2009, 81st Leg., R.S., Ch.

281, Sec. 1, eff. May 30, 2009.

SUBCHAPTER B. PROVISIONS GENERALLY APPLICABLE TO COMMERCIAL

FISHING LICENSES

Sec. 47.031. EXPIRATION OF LICENSES. (a) All licenses and

permits issued under the authority of Chapter 47 of this code are

valid only during the yearly period for which they are issued

without regard to the date on which the licenses are acquired.

Each yearly period begins on September 1 or another date set by

the commission and extends through August 31 of the next year or

another date set by the commission. The commission by rule may

set the amount of a license fee for a license issued during a

transition period at an amount lower than prescribed in this

chapter and provide for a license term for a transition period

that is shorter or longer than a year.

(b) All licenses and permits issued under the authority of

Chapter 47 may not be transferred to another person except that a

license issued in the name of a business shall remain valid for

the business location specified on the license or permit if a

change of ownership and/or business name occurs. A license issued

under the authority of Section 47.009, 47.011, 47.014, or 47.016

may be transferred to a new address if the business moves to

another location. A license issued under the authority of Section

47.007, 47.010, or 47.013 may be transferred to another vehicle

or vessel or to a new owner of the same vehicle or vessel. The

commission, by regulation, may prescribe requirements necessary

to clarify license and permit transfer procedures and may

prescribe, by regulation, forms to be used and fees to be charged

for transfer of licenses and permits in this chapter and for

duplicate license plates and duplicate or replacement licenses

and permits.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 14, eff. May

31, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 61, eff. June 16,

1995; Acts 1997, 75th Leg., ch. 1256, Sec. 64, eff. Sept. 1,

1997.

Sec. 47.032. REFUSAL OF LICENSE. No person owing the state any

amount for a license or fee under a final judgment of a court may

receive a license under this chapter until the indebtedness is

satisfied by payment to the department.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1991, 72nd Leg., ch. 723, Sec. 8, eff.

Sept. 1, 1991.

Sec. 47.033. DISPLAY OF LICENSE. All licenses, except a tidal

water commercial fisherman's license, commercial fishing boat

license, menhaden boat license, and menhaden fish plant license,

must be publicly displayed at all times in the place of business

of the licensee. Licenses required for vehicles transporting

aquatic products for sale must be displayed in the vehicle.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 47.034. AQUATIC PRODUCT SIZE. (a) No person engaged in

business as a commercial fisherman or wholesale or retail fish

dealer may possess in his place of business or on a boat or

vehicle for commercial purposes aquatic products of greater or

lesser length than set out in the applicable proclamations of the

commission adopted under Chapter 61 or 66 of this code unless

otherwise provided by this code or Chapter 134 of the Agriculture

Code.

(b) This section does not prohibit a wholesale or retail fish

dealer from processing and selling lawful aquatic products by

cutting, filleting, wrapping, freezing, or otherwise preparing

the aquatic products for market.

than set out in the applicable proclamations of the commission

under Chapter 61 or 66 of this code on board a licensed

commercial shrimp boat engaged in the taking of shrimp is not a

violation of this section if the aquatic products of unlawful

size are returned to the water from which they were taken in a

manner to insure their best chance for survival.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1975, 64th Leg., p. 1214, ch. 456, Sec.

13(l), eff. Sept. 1, 1975; Acts 1981, 67th Leg., p. 377, ch. 153,

Sec. 7, eff. Sept. 1, 1981; Acts 1991, 72nd Leg., ch. 723, Sec.

9, eff. Sept. 1, 1991.

Sec. 47.035. PRIMA FACIE EVIDENCE. Proof of possession of any

undersized or oversized fish in the place of business of any

wholesale or retail fish dealer or on board any boat engaged in

commercial fishing or in any commercial vehicle is prima facie

evidence of possession for the purpose of sale.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 47.037. INSPECTION. (a) No person who possesses or

handles aquatic products for commercial purposes may refuse to

allow an authorized employee of the department to inspect the

aquatic products at the dealer's or handler's place of business

during normal business hours.

(b) No commercial fisherman may refuse to allow an authorized

employee of the department to inspect aquatic products handled by

or in the possession of the commercial fisherman while the

commercial fisherman is pursuing his trade or at a reasonable

hour.

without a search warrant.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1987, 70th Leg., ch. 29, Sec. 3, eff. April

22, 1987.

Sec. 47.038. SEINES OR NETS FOR MENHADEN. (a) Nets or purse

seines used for catching menhaden may not be:

(1) less than one and one-half inch stretched mesh, excluding

the bag;

(2) used in any bay, river, pass, or tributary, nor within one

mile of any barrier, jetty, island, or pass, nor within one-half

mile offshore in the Gulf of Mexico; or

(3) used for the purpose of taking edible aquatic products for

the purpose of barter, sale, or exchange.

(b) No person lawfully catching menhaden in the tidal water of

this state may sell, barter, or exchange any edible aquatic

products caught in a menhaden seine or net. Possession of edible

aquatic fish in excess of five percent by volume of menhaden fish

in possession is a prima facie violation of this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

Sec. 47.039. SEASONS. (a) The commission may adopt rules

setting open and closed seasons for the noncommercial taking of

redfish and speckled sea trout.

(b) No person may catch and retain a redfish or speckled sea

trout during a closed season set by the commission under

Subsection (a) of this section.

eff. Sept. 1, 1985.

Added by Acts 1981, 67th Leg., p. 377, ch. 153, Sec. 8, eff.

Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 110, eff. Sept. 1, 1985.

Sec. 47.040. REFUSAL TO SHOW LICENSE. A person who is engaging

in any act for which a license or permit is required by this

chapter and who fails or refuses upon request to show the

required license or permit to a game warden, other peace officer,

or officer of the court commits an offense.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 33, eff.

Sept. 1, 1985.

SUBCHAPTER C. PENALTIES, DISPLAY OF LICENSE, AND TRANSFER OF

FUNDS

Sec. 47.051. PENALTY. Except as provided by Section 47.052 of

this code, a person who violates a provision of this chapter

commits an offense that is a Class C Parks and Wildlife Code

misdemeanor.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 33,

eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 827, Sec. 4, eff.

Aug. 26, 1985; Acts 1989, 71st Leg., ch. 544, Sec. 1, eff. June

14, 1989.

Sec. 47.052. PENALTY. (a) A person who fails to comply with or

who violates a provision of Section 47.003(a) of this code

commits an offense that is a Class B Parks and Wildlife Code

misdemeanor.

(b) The department may seize boats, nets, seines, trawls, or

other tackle in the possession of a person violating the sections

listed in Subsection (a) of this section and hold them until

after the trial of the person.

attorney general by suit filed in a district court in Travis

County.

(d) If it is shown at the trial of the defendant for a violation

of Section 47.008, 47.016, or 47.038 of this code that he has

been convicted within five years before the trial date of a

violation of the section for which he is being prosecuted, on

conviction he shall be punished for a Class B Parks and Wildlife

Code misdemeanor.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 550, ch. 260, art. 4,

Sec. 2, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1399, ch.

623, Sec. 11, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 970,

ch. 229, Sec. 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch.

267, art. 3, Sec. 34, eff. Sept. 1, 1985; Acts 1985, 69th Leg.,

ch. 827, Sec. 5, eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch.

723, Sec. 10, eff. Sept. 1, 1991.

Sec. 47.055. DISPOSITION OF FUNDS. Money received for licenses

issued under this chapter or fines paid for violations of this

chapter, less allowable deductions, shall be sent to the

department by the 10th day of the month following receipt.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975.

SUBCHAPTER D. FINFISH LICENSE MANAGEMENT

Sec. 47.071. FINFISH LICENSE MANAGEMENT PROGRAM. To promote

efficiency and economic stability in the commercial finfish

industry and to conserve economically important finfish

resources, the department shall implement a finfish license

management program in accordance with proclamations adopted by

the commission under Chapter 61 and this subchapter.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.072. DEFINITION. In this subchapter, "license" means a

commercial license issued in accordance with a proclamation under

this subchapter that authorizes a person to engage in business as

a commercial finfish fisherman.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.073. FINFISH LICENSE MANAGEMENT REVIEW BOARD. (a) The

license holders under this subchapter shall elect a finfish

license management review board of nine members.

(b) A majority of the members of the review board may not be

residents of the same county.

and make recommendations concerning the administrative aspects of

the finfish licensing program, including hardship appeal cases

concerning eligibility, license transfer, license renewal,

license suspension, and license revocation.

(d) The executive director shall adopt procedures for the

operation of the review board and the election and terms of board

members. The executive director shall solicit and consider

recommendations regarding these procedures from persons who

purchased commercial finfish fisherman's licenses after September

1, 1997, and through April 20, 1999.

(e) A member of the review board must:

(1) qualify to obtain a commercial finfish fisherman's license

under this subchapter; or

(2) be a person who has knowledge of the commercial finfish

industry.

(f) The review board is not subject to Chapter 2110, Government

Code.

(g) A member of the review board serves without compensation or

a per diem allowance.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.074. LICENSING. (a) No person may engage in business

as a commercial finfish fisherman unless the person has obtained

a commercial finfish fisherman's license.

(b) No person may engage in commercial finfish fishing unless:

(1) the person has in their immediate possession:

(A) a commercial finfish fisherman's license issued to the

person; or

(B) a general commercial fisherman's license issued to the

person, a commercial finfish fisherman's license issued to

another person, and a copy of an affidavit that:

(i) authorizes the person to use commercial finfish fishing

devices owned by the person to whom the commercial finfish

fisherman's license was issued; and

(ii) contains the date, the original signature of the person to

whom the commercial finfish fisherman's license was issued, and

the commercial finfish fisherman's license number that matches

the commercial finfish fisherman's license plate number on the

boat, if the department requires a license plate; or

(2) the person has in their immediate possession a commercial

finfish fisherman's license or a general commercial fisherman's

license, and another person has in their immediate possession the

documentation described by Subdivision (1).

commercial finfish fisherman's license only to a person who

documents in a manner acceptable to the department that the

person held a commercial finfish fisherman's license during the

period after September 1, 1997, through April 20, 1999.

(d) A proclamation issued under this section shall establish a

commercial finfish fisherman's license in accordance with the

provisions of this subchapter.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.075. LICENSE FEE. The fee for a commercial finfish

fisherman's license issued under this subchapter is $300 or an

amount set by the commission, whichever amount is more. All fees

generated by the issuance of a license under this subchapter are

to be sent to the comptroller for deposit to the credit of the

game, fish, and water safety account subject to Section

47.081(d).

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.076. LICENSE RENEWAL. A person seeking to renew a

license established by this subchapter must have held the license

during the preceding license year.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.077. LIMIT ON NUMBER OF LICENSES HELD. (a) A person

may not hold or directly or indirectly control more than three

licenses issued under this subchapter.

(b) A license issued to a person other than an individual must

designate an individual in whose name the license is issued.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.078. EXPIRATION OF LICENSE. A license required by this

subchapter is valid only during the period for which it is issued

without regard to the date on which the license is acquired. Each

period is one year beginning on September 1 or another date set

by the commission.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.079. LICENSE TRANSFER. (a) The commission by rule may

set a fee for the transfer of a license. The amount of the

transfer fee may not exceed the amount of the license fee.

(b) The commission shall send all license transfer fees to the

comptroller for deposit to the credit of the game, fish, and

water safety account subject to Section 47.081(d).

transferred at any time.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.080. LICENSE SUSPENSION AND REVOCATION. (a) The

executive director, after notice to a license holder and the

opportunity for a hearing, may suspend a commercial finfish

fisherman's license if:

(1) the license holder or any other authorized operator of the

licensed vessel is convicted of one or more flagrant offenses

totaling three flagrant offenses involving the licensed vessel;

(2) the license holder is convicted of theft of fishing gear or

product associated with this subchapter.

(b) A suspension under this section may be for:

(1) six months, if:

(A) each of the three flagrant offenses occurred within a

24-consecutive-month period beginning not earlier than September

1, 2000; and

(B) the license holder has not previously had a license

suspended under this section;

(2) 12 months, if each of the three flagrant offenses occurred

within a 24-consecutive-month period and the license holder has

previously had a license suspended under this section; or

(3) six months, if the license holder is convicted of theft of

fishing gear or product associated with this subchapter.

a hearing, may permanently revoke a license issued under this

subchapter if:

(1) the license holder has previously had a license suspended

twice under this section, and the license holder or any other

authorized operator of the licensed vessel is convicted of three

flagrant offenses involving the licensed vessel in a

24-consecutive-month period; or

(2) the license holder is convicted of theft of fishing gear or

product associated with this subchapter, and the license holder

has had a license suspended previously under this section.

(d) The same flagrant offense may not be counted for more than

one suspension under this section.

(e) For purposes of this section, a flagrant offense includes:

(1) theft of trotlines or finfish, or any other fishing gear or

product associated with this subchapter;

(2) exceeding daily bag and possession limits in violation of

this code or of a proclamation of the commission issued under

this code;

(3) exceeding trotline length limits by a length greater than 10

percent in violation of this code or of a proclamation of the

commission issued under this code;

(4) selling crabs in violation of this code;

(5) exceeding the number of trotlines the holder of a commercial

finfish fisherman's license may use in violation of this code or

of a proclamation of the commission issued under this code; or

(6) taking, attempting to take, or possessing fish caught in

public waters of this state by any device, means, or method other

than as authorized under this code or by a proclamation of the

commission issued under this code.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.081. LICENSE BUYBACK. (a) The department may implement

a license buyback program for licenses issued under this

subchapter as part of the finfish license management program

established by this subchapter.

(b) The commission by rule may establish criteria, using

reasonable classifications, by which the department selects

licenses to be purchased. The commission may delegate to the

executive director, for purposes of this section only, the

authority to develop the criteria through rulemaking procedures,

but the commission by order must finally adopt the rules

establishing the criteria. The commission or executive director

must consult with the finfish license management review board

concerning establishment of the criteria.

license buyback program until the commission finds that

management of the finfish fishery allows reissue of those

licenses through auction or lottery.

(d) The department shall set aside at least 20 percent of the

fees from licenses issued and license transfers approved under

this subchapter to be used only for the purpose of buying back

those licenses from a willing license holder. That money shall be

sent to the comptroller for deposit to the credit of the game,

fish, and water safety account.

(e) The department may solicit and accept grants and donations

of money or materials from private or public sources for the

purpose of buying back licenses issued under this subchapter from

a willing license holder.

(f) Money to be used for the purpose of buying back licenses

issued under this subchapter is not subject to Section 403.095,

Government Code.

(g) The commission shall consider the social and economic

viability of the finfish industry and input from the finfish

license management review board regarding the reissue of finfish

licenses through auction or lottery.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.082. LINE LIMITS. (a) Not later than September 1,

2000, the commission by proclamation issued under this code shall

authorize the holder of a commercial finfish fisherman's license

to use up to 20 trotlines not more than 600 feet long, or another

number and length of line authorized by commission proclamation,

to take or attempt to take finfish.

(b) No holder of a commercial finfish fisherman's license may

possess on board more than the number of lines prescribed by this

code or by commission proclamation issued under this code.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.083. CRAB TRAPS. (a) Not later than September 1, 2000,

the commission by proclamation issued under this code shall

authorize the holder of a commercial finfish fisherman's license

to use up to 20 crab traps, or a number of traps authorized by

commission proclamation, for use in commercial fishing for bait

purposes only.

(b) This section does not authorize the taking of any product

for pay or for the purpose of sale, barter, or exchange.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.084. PROGRAM ADMINISTRATION; RULES. (a) The executive

director shall establish administrative procedures to carry out

the requirements of this subchapter.

(b) The commission shall adopt any rules necessary for the

administration of the program established under this subchapter.

for trotlines and crab traps under this subchapter in accordance

with Chapter 66.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.085. DISPOSITION OF FUNDS. Money received for a license

issued under this subchapter and fines for violations of this

subchapter shall be remitted to the department by the 10th day of

the month following the date of collection.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

Sec. 47.086. PROCLAMATION; PROCEDURES. Subchapter D, Chapter

61, and Sections 61.054 and 61.055 apply to the adoption of

proclamations under this subchapter.

Added by Acts 1999, 76th Leg., ch. 455, Sec. 7, eff. Sept. 1,

1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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