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Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-66-fish

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE B. HUNTING AND FISHING

CHAPTER 66. FISH

SUBCHAPTER A. PROVISIONS APPLICABLE TO FRESHWATER AND SALTWATER

FISHING

Sec. 66.001. DEFINITIONS. In this chapter:

(1) "Fresh water" means all lakes, lagoons, rivers, and streams

to their mouths, but does not include coastal or tidal water.

(2) "Prepared feed" means a pelleted ration, 20 percent or more

of which consists of plant protein or grain by-products.

(3) "Salt water" means all coastal or tidal water.

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

1975. Amended by Acts 1995, 74th Leg., ch. 859, Sec. 1, eff.

Sept. 1, 1995.

Sec. 66.002. CONSENT TO TAKE FISH FROM PRIVATE WATER. (a) No

person may catch, take, or attempt to catch or take any aquatic

animal life by any means or method from any privately owned

waters without the consent of the landowner or the landowner's

agent.

(b) In a prosecution under this section, the burden of proof to

show consent is on the person charged.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 59,

eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 102,

eff. Sept. 1, 1997.

Sec. 66.003. PLACING EXPLOSIVES OR HARMFUL SUBSTANCES IN WATER.

(a) No person may place in the water of this state an explosive,

poison, or other substance or thing deleterious to fish.

(b) Subsection (a) of this section does not apply to the use of

explosives necessary for construction purposes when the use is

authorized in writing by the department.

eff. Sept. 1, 1985.

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. 110,

eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 103,

eff. Sept. 1, 1997.

Sec. 66.004. TAKING OF FISH BY ELECTRIC SHOCK PROHIBITED;

EXCEPTION. (a) Except as provided by Subsection (d) of this

section, no person may catch fish by using an

electricity-producing device designed to shock fish.

(b) No person may manufacture or sell an electricity-producing

device designed to shock fish.

person may possess an electricity-producing device commonly used

to shock fish. The possession of an electricity-producing device

commonly used to shock fish, in a boat or within one-half mile of

any water of this state, is a violation of this section by the

person in possession of the device.

(d) This section does not prohibit the use of an

electricity-producing device of not more than three volts

connected to a shrimp trawl used by an operator of a licensed

commercial gulf shrimp boat in the outside water of this state at

depths of more than seven fathoms. To qualify under this

exemption, the commercial gulf shrimp boat and the trawl must be

operating in compliance with the provisions of Chapter 77 of this

code relating to the taking of shrimp.

(e) An electricity-producing device used or possessed in

violation of this section is a nuisance, and an officer of the

department who has probable cause to believe that a device is

used or possessed in violation of this section may search a boat,

vehicle, campsite, or person and seize the device and hold it as

evidence for the trial of the person in possession of the device.

If the person is found guilty of a violation of this section, the

department shall be responsible for the destruction of the device

unless it can be utilized by the department for research

purposes, or upon request the device may be released to a

state-supported college or university for use in marine or

aquatic research. An officer of the department who seizes or

destroys a device is immune from liability for any damages

resulting from seizure or destruction, and the department is

likewise immune from liability for any damages resulting from

seizure, destruction, or disposition thereof.

(f) For purposes of this section, an "electricity-producing

device" includes any device that produces or directs an

electrical current and is used to shock, stun, disorient, or kill

fish.

(g), (h) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec.

110, eff. Sept. 1, 1985.

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

1975. Amended by Acts 1977, 65th Leg., p. 1662, ch. 656, Sec. 1,

eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2542, ch. 676, art.

2, Sec. 1 to 4, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch.

267, art. 3, Sec. 110, eff. Sept. 1, 1985; Acts 1989, 71st Leg.,

ch. 738, Sec. 2, eff. Sept. 1, 1989.

Sec. 66.005. WILFUL DESTRUCTION OF BOAT, SEINE, OR NET. No

person may wilfully, with the intent to injure the owner, take a

boat, seine, net, or other device for fishing into prohibited

water, or use a boat, seine, net, or other device for fishing to

take fish unlawfully, so as to cause the destruction of the boat,

seine, net, or device.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 60,

eff. Sept. 1, 1985.

Sec. 66.006. POSSESSION OF ILLEGAL FISHING DEVICES. (a) No

person may possess a device designed to catch fish or other

aquatic wildlife in or on the public water of this state where

the use of the device is not permitted by this code or by a

proclamation of the commission under this code unless the device

is on board a vessel that is in public coastal water and is:

(1) in port; or

(2) in a marked channel and the vessel is going directly to or

from public water in this state where the use of the device is

permitted.

(b) No person may possess or use for the purpose of catching

finfish a seine, strike net, gill net, or trammel net in or on

the public water of this state unless the seine, strike net, gill

net, or trammel net is equipped with floats at intervals of six

feet or less and of sufficient buoyancy to maintain the seine,

strike net, gill net, or trammel net in an upright position in

the water so that the floats are visible on the surface of the

water thereby avoiding a hazard to motorboat traffic.

(c)(1) No person may possess a seine, strike net, gill net, or

trammel net on or within 500 yards of any public coastal water of

this state where the use of the seine or net for the catching of

fish is not permitted by this code or by a proclamation of the

commission under this code.

(2) It is a defense to prosecution under this subsection that

the seine, strike net, gill net, or trammel net was possessed

within 500 yards of a public coastal water of this state for a

lawful fishing activity.

Added by Acts 1989, 71st Leg., ch. 27, Sec. 1, eff. Sept. 1,

1989.

Sec. 66.007. EXOTIC HARMFUL OR POTENTIALLY HARMFUL FISH,

SHELLFISH, AND AQUATIC PLANTS. (a) No person may import,

possess, sell, or place into water of this state exotic harmful

or potentially harmful fish, shellfish, or aquatic plants except

as authorized by rule or permit issued by the department.

(b) The department shall publish a list of:

(1) exotic fish and exotic shellfish for which a permit under

Subsection (a) is required; and

(2) exotic aquatic plants, as provided by this section, that are

approved for importation into or possession in this state without

a permit.

of this section. In adopting rules that relate to exotic aquatic

plants, the department shall strive to ensure that the rules are

as permissive as possible without allowing the importation or

possession of plants that pose environmental, economic, or health

problems.

(d) A fish farmer may import, possess, or sell harmful or

potentially harmful exotic fish species as provided by Section

134.020, Agriculture Code.

(e) In this section:

(1) "Approved list" means the list published by the department

under Subsection (b)(2) of exotic aquatic plants that a person

may import into or possess in this state without an exotic

species permit issued by the department.

(2) "Exotic aquatic plant" means a nonindigenous aquatic plant

that is not normally found in aquatic or riparian areas of this

state.

(3) "Exotic fish" means a nonindigenous fish that is not

normally found in the public water of this state.

(4) "Exotic shellfish" means a nonindigenous shellfish that is

not normally found in the public water of this state.

(f) A fish farmer may not import, possess, propagate, or

transport exotic shellfish unless the fish farmer furnishes

evidence required by the department showing that the shellfish

are free of disease.

(g) The commission may adopt rules to control a disease or agent

of disease transmission that:

(1) may affect penaeid shrimp species; and

(2) has the potential to affect cultured species or other

aquatic species.

(h) If one or more manifestations of disease is observed in any

cultured marine penaeid shrimp species, the department shall

immediately place the aquaculture facility under quarantine

condition. The department shall determine, by rule, the meaning

of "manifestation of disease" and "quarantine condition" under

this section.

(i) The department may coordinate with the Texas Animal Health

Commission regarding testing for diseases.

(j) Except as provided in Subsection (k), an operator of an

aquaculture facility under quarantine condition may not discharge

waste or another substance from the facility except with approval

of the department and a wastewater discharge authorization from

the Texas Natural Resource Conservation Commission.

(k) Even if under quarantine condition, an aquaculture facility

shall discharge wastewater or another substance as necessary to

comply with an emergency plan that has been submitted to and

approved by the department and incorporated into a wastewater

discharge authorization issued by the Texas Natural Resource

Conservation Commission.

(l) On receiving notice from an owner of the observance of

manifestations of disease, the department shall immediately:

(1) notify the Department of Agriculture, the Texas Natural

Resource Conservation Commission, and the Texas Animal Health

Commission; and

(2) advise the Department of Agriculture, the Texas Natural

Resource Conservation Commission, and the Texas Animal Health

Commission regarding the appropriate action to be taken.

(m) A person may not import into or possess in this state an

exotic aquatic plant unless:

(1) the plant is on the approved list; or

(2) the person has an exotic species permit issued by the

department.

(n) In compiling the approved list, the department shall develop

a process to evaluate the potential harm that may be caused by

the importation or possession of exotic aquatic plant species

into this state. The process must include the use of:

(1) a risk assessment model to help determine the potential harm

of a species to the aquatic environment;

(2) published scientific research findings;

(3) findings from regulatory agencies; or

(4) scientific analyses from third-party laboratories.

(o) The approved list must include an exotic aquatic plant that:

(1) is widespread in this state; and

(2) is not, as determined by the department, a cause of

environmental, economic, or health problems.

(p) The department shall develop an expedited process for

obtaining approval for inclusion on the approved list of a

previously unknown exotic aquatic plant. The commission may

remove an exotic aquatic plant from the approved list if the

results of further analysis conducted under Subsection (n)

indicate that the plant should not be on the list. The

department may enact an emergency rule as provided by Chapter

2001, Government Code, to remove an exotic aquatic plant from the

approved list if the plant is determined to cause environmental,

economic, or health problems.

(q) The commission shall exercise final approval for the

inclusion of each plant on the approved list.

(r) In accordance with commission rules, the department may

issue an exotic species permit to a permit applicant for an

exotic aquatic plant not on the approved list if the proposed use

of the plant is:

(1) as an experimental organism in a medical or other scientific

research program approved by the department;

(2) as part of an exhibit approved by the department in a public

aquarium or public zoo; or

(3) for an appropriate use that will not result in potential

environmental, economic, or health problems.

(s) Nothing in this subchapter regarding exotic aquatic plants

restricts the department's authority under this code regarding

exotic harmful or potentially harmful fish or shellfish.

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. 110,

eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 637, Sec. 8, eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 586, Sec. 6, eff. Sept.

1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 7, eff. Sept. 1,

1999.

Amended by:

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

952, Sec. 14, eff. September 1, 2009.

Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On leaving

any public or private body of water in this state, a person shall

immediately remove and lawfully dispose of any exotic aquatic

plant not included on the approved list published under Section

66.007(b)(2) that is clinging or attached to the person's:

(1) vessel or watercraft; or

(2) trailer, motor vehicle, or other mobile device used to

transport or launch a vessel or watercraft.

Added by Acts 2005, 79th Leg., Ch.

992, Sec. 27, eff. June 18, 2005.

Amended by:

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

952, Sec. 15, eff. September 1, 2009.

Sec. 66.008. FISHING FROM BRIDGE. (a) No person may fish from

the deck or road surface of any bridge or causeway on a road

maintained by the Texas Department of Transportation.

(b) No person may deposit or leave any dead fish, crab, or bait

on the deck or road surface of any bridge or causeway on a road

maintained by the Texas Department of Transportation.

appropriate signs on all bridges and causeways affected by this

section.

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. 110,

eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 165, Sec. 22(66),

eff. Sept. 1, 1995.

Sec. 66.009. NAVIGATION DISTRICTS. (a) No person may use a

seine or net of any type, trotline, or other mechanical or

physical device, except hook and line, to catch fish in a

channel, turning basin, or other water of a navigation district

operating under Chapter 63, Water Code.

(b) The possession of a mechanical device referred to in

Subsection (a) of this section within a navigation district

operating under Chapter 63, Water Code, is prima facie evidence

of a violation of Subsection (a) of this section.

eff. Sept. 1, 1985.

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. 110,

eff. Sept. 1, 1985.

Sec. 66.0091. FISHING IN CERTAIN MAN-MADE WATERWAYS. (a) This

section applies to a county in which at least 60 percent of the

total area of the county is regularly covered by water and in

which the majority of the total area of a wildlife refuge for

species of wildlife on the federal endangered species list is

located.

(b) No person may take or attempt to take fish of any variety by

the use of nets, except hand-cast nets or minnow seines, from any

canal or other artificial or man-made waterway within any platted

subdivision platted under Chapter 231, Acts of the 40th

Legislature, Regular Session, 1927 (Article 974a, Vernon's Texas

Civil Statutes), if two or more residences abut onto the canal or

waterway.

waterway described in this section that interferes with or

impedes the free movement of fish into or out of the canal or

waterway.

Added by Acts 1987, 70th Leg., ch. 635, Sec. 1, eff. June 19,

1987.

Sec. 66.011. LEAVING FISH TO DIE. A person commits an offense

if the person leaves edible fish or bait fish taken from the

public waters of this state to die without the intent to retain

the fish for consumption or bait.

Added by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 2, eff.

Sept. 1, 1985.

Sec. 66.012. PENALTIES. (a) Except as otherwise provided by

this section, a person who violates a provision of this

subchapter or a rule adopted by the commission under this

subchapter commits an offense that is a Class C Parks and

Wildlife Code misdemeanor.

(b) A person who violates Section 66.003, 66.004, 66.005,

66.006(c), 66.007, 66.009, 66.015, 66.021, or 66.0091 of this

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

misdemeanor.

of Section 66.004, 66.006(c), 66.007, or 66.015 of this code that

the defendant has been convicted once before the trial date of a

violation of the same section, on conviction the defendant shall

be punished for a Class A Parks and Wildlife Code misdemeanor.

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

of Section 66.004, 66.007, or 66.015 of this code that the

defendant has been convicted two or more times before the trial

date of a violation of the same section, on conviction the

defendant shall be punished for a Parks and Wildlife Code felony.

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

of Section 66.020(f) or 66.020(g) of this code or a proclamation

adopted by the commission under those sections that the defendant

has been convicted within five years before the trial date of a

violation of the section for which the defendant is being

prosecuted, on conviction the defendant shall be punished for a

Class B Parks and Wildlife Code misdemeanor.

(f) If it is shown at the trial for a violation of Section

66.020(f) or 66.020(g) of this code or a proclamation adopted by

the commission under those sections that the defendant has been

convicted two or more times within five years before the trial

date of a violation of the section for which the defendant is

being prosecuted, on conviction the defendant shall be punished

for a Class A Parks and Wildlife Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 61, eff.

Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 635, Sec. 2,

eff. June 19, 1987; Acts 1989, 71st Leg., ch. 637, Sec. 9, eff.

Sept. 1, 1989; Acts 1989, 71st Leg., ch. 738, Sec. 3, eff. Sept.

1, 1989; Acts 1991, 72nd Leg., ch. 723, Sec. 11, eff. Sept. 1,

1991.

Sec. 66.013. FEDERAL GRANTS. Federal grants for research and

development of commercial fisheries may be used for individual

fishery projects with the approval of the department.

Added by Acts 1989, 71st Leg., ch. 637, Sec. 10, eff. Sept. 1,

1989.

Sec. 66.014. IDENTIFICATION OF VEHICLE TRANSPORTING AQUATIC

PRODUCTS. (a) No person may transport any aquatic product for

commercial purposes unless the person clearly identifies the

motor vehicle, trailer, or semitrailer as a vehicle that carries

aquatic products. The commission shall prescribe by proclamation

the identification requirements for a motor vehicle, trailer, or

semitrailer transporting aquatic products, and the commission may

prescribe that the identification shall list the state of origin

of the aquatic products. In this subsection, "motor vehicle,"

"trailer," and "semitrailer" have the meanings assigned by

Section 541.201, Transportation Code.

(b) A person who violates this section commits an offense. An

offense under this section is a Class C Parks and Wildlife Code

misdemeanor.

aquatic animal life.

Added by Acts 1985, 69th Leg., ch. 827, Sec. 6, eff. Aug. 26,

1985. Renumbered from Sec. 66.011 by Acts 1987, 70th Leg., ch.

167, Sec. 5.01(a)(40), eff. Sept. 1, 1987. Amended by Acts 1991,

72nd Leg., ch. 723, Sec. 12, eff. Sept. 1, 1991; Acts 1997, 75th

Leg., ch. 165, Sec. 30.235, eff. Sept. 1, 1997; Acts 1997, 75th

Leg., ch. 1256, Sec. 104, eff. Sept. 1, 1997.

Sec. 66.015. INTRODUCTION OF FISH, SHELLFISH, AND AQUATIC

PLANTS. (a) In this section, "public water" means the bays,

estuaries, and water of the Gulf of Mexico within the

jurisdiction of the state, and the rivers, streams, creeks,

bayous, reservoirs, lakes, and portions of those waters where

public access is available without discrimination.

(b) No person may place any species of fish, shellfish, or

aquatic plant into the public water of the state without a permit

issued by the department.

governing the issuance of permits under this section.

(d) Subsection (b) of this section does not apply to native,

nongame fish as defined by the commission, except in waters

designated by the commission where threatened or endangered fish

are present.

(e) A person violates this section if fish, shellfish, or

aquatic plants the person possesses or has placed in nonpublic

water escape into the public water of the state and the person

does not hold a permit issued under this section.

(f) An employee of the department acting at the direction of the

commission is exempt from this section.

Added by Acts 1989, 71st Leg., ch. 637, Sec. 11, eff. Sept. 1,

1989. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 105, eff.

Sept. 1, 1997.

Sec. 66.016. COMMERCIAL FISHING REGULATIONS APPLICABLE IF

COMMERCIAL PLATES ON BOARD. (a) A person on board a boat

licensed or required to be licensed for a commercial fishing

activity under Chapter 47, 76, 77, or 78, or any other chapter of

this code may not catch and retain any fish species whose sale is

prohibited when taken from Texas waters. While commercial fishing

plates are on board, all commercial fishing regulations, size

limits, bag limits, possession limits, and the prohibited

possession of noncommercial fish species apply.

(b) Subsection (a) of this section does not apply to a person on

board a boat licensed under Chapter 47, 76, 77, or 78 of this

code if no commercial fishing plates are on board. While no

commercial fishing plates are on board, all recreational fishing

regulations, size limits, bag limits, and possession limits

apply.

Added by Acts 1989, 71st Leg., ch. 73, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1999, 76th Leg., ch. 455, Sec. 8, eff.

Sept. 1, 1999.

Sec. 66.017. LICENSE, TAG, AND PERMIT EXPIRATIONS AND TRANSFERS.

(a) All licenses, tags, and permits issued under the authority

of Chapter 66 of this code are valid only during the yearly

period for which they are issued without regard to the date on

which the licenses are acquired. Each yearly period begins on

September 1 or another date set by the commission and extends

through August 31 of the next year or another date set by the

commission. The commission by rule may set the amount of a

license fee for a license issued during a transition period at an

amount lower than prescribed in this chapter and provide for a

license term for a transition period that is shorter or longer

than a year.

(b) All licenses, tags, and permits issued under the authority

of Chapter 66 of this code may not be transferred to another

person except that a license issued in the name of a business

shall remain valid for the business location specified on the

license or permit if a change of ownership and/or business name

occurs. A license issued under the authority of Section 66.020(e)

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

another location. The commission, by regulation, may prescribe

requirements necessary to clarify license and permit transfer

procedures and may prescribe, by regulation, forms to be used and

fees to be charged for transfer of licenses and permits in this

chapter and for duplicate or replacement licenses, tags, and

permits.

Added by Acts 1993, 73rd Leg., ch. 365, Sec. 15, eff. May 31,

1993. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 67, eff.

June 16, 1995.

Sec. 66.018. CRAB TRAP TAGS. (a) The department may issue tags

for crab traps placed in public water.

(b) The commission may make regulations for the safe use of crab

traps and to carry out the provisions of this section.

to each crab trap placed in public water. The department may

collect a maximum fee of $1.50 for each tag issued under this

section; provided, however, that upon adoption of a crab

management plan and the establishment of a crab advisory

committee, the commission may determine the amount of the fee.

(d) No person may place a crab trap in public water unless a

crab trap tag is attached to the trap unless a proclamation under

Subchapter B, Chapter 78, requires a license that does not

require the use of crab trap tags.

(e) This section shall not apply to persons taking crabs from

public water for personal use.

(f) If the commission adopts a license under Subchapter B,

Chapter 78, the department may not collect a fee for any crab

trap tag.

Added by Acts 1991, 72nd Leg., ch. 908, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 129, eff.

Sept. 1, 1997.

Sec. 66.019. STATISTICAL REPORTS. (a) The department shall

gather statistical information on the harvest of aquatic products

of this state.

(b) The department shall prescribe the method or methods used to

gather information and shall produce and distribute any

applicable report forms.

purchases or receives aquatic products directly from any person

other than a licensed dealer may fail to file the report with the

department each month on or before the 10th day of the month

following the month in which the reportable activity occurred.

The report must be filed even if no reportable activity occurs in

the month covered by the report. No dealer required to report may

file an incorrect or false report. A culpable mental state is not

required to establish an offense under this section.

(d) Unless otherwise required by the department, no dealer who

purchases, receives, or handles aquatic products, other than

oysters, from any person except another dealer may fail to:

(1) maintain cash sale tickets in the form required by this

section as records of cash sale transactions; or

(2) make the cash sale tickets available for examination by

authorized employees of the department for statistical purposes

or as a part of an ongoing investigation of a criminal violation

during reasonable business hours of the dealer.

(e) All cash sale tickets must be maintained at the place of

business for at least one year from the date of the sale.

(f) A cash sale ticket must include:

(1) the name of the seller;

(2) the general commercial fisherman's license number and the

commercial finfish fisherman's license number or the general

commercial fisherman's license number and the commercial crab

fisherman's license number, as applicable, if the holder of the

general commercial fisherman's license is selling finfish or

crabs;

(3) the general commercial fisherman's license number, the

commercial crab fisherman's license number, the commercial

finfish fisherman's license number, the commercial shrimp boat

captain's license number, the commercial shrimp boat license

number, or the commercial fishing boat license number of the

seller or of the vessel used to take the aquatic product, as

applicable;

(4) the number of pounds sold by species;

(5) the date of sale;

(6) the water body or bay system from which the aquatic products

were taken; and

(7) price paid per pound per species.

(g) Any person who violates Subsection (c) or (d) of this

section is guilty of a Class C misdemeanor.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,

eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 827, Sec. 9, eff.

Aug. 26, 1985; Acts 1987, 70th Leg., ch. 625, Sec. 1, eff. Sept.

1, 1987. Redesignated from Sec. 66.209 and amended by Acts 1991,

72nd Leg., ch. 586, Sec. 7, eff. Sept. 1, 1991 and Acts 1991,

72nd Leg., ch. 723, Sec. 14, eff. Sept. 1, 1991. Amended by Acts

1993, 73rd Leg., ch. 221, Sec. 1, eff. Sept. 1, 1993; Acts 1995,

74th Leg., ch. 862, Sec. 6, eff. Sept. 1, 1995; Acts 1999, 76th

Leg., ch. 455, Sec. 9, eff. Sept. 1, 1999.

Sec. 66.020. SALE AND PURCHASE OF PROTECTED FISH. (a) It is

unlawful for any person to buy or offer to buy, sell or offer to

sell, possess for the purpose of sale, transport or ship for the

purpose of sale, barter, or exchange bass of the genus

Micropterus, blue marlin, crappie, flathead catfish, jewfish,

longbill spearfish, muskellunge, northern pike, red drum,

sailfish, sauger, snook, spotted sea trout, striped bass, tarpon,

walleye, white bass, white marlin, yellow bass, or hybrids of any

of those fish.

(b) This section applies to the possession, transportation,

sale, or purchase of any fish described by Subsection (a) of this

section without regard to where the fish was taken, caught, or

raised, but does not apply to:

(1) the transportation or possession of fish taken, caught, or

raised outside this state and transported by common carrier

without being unloaded from outside this state to a point of

delivery outside this state;

(2) fish raised by being continuously fed a prepared feed and

sold by a licensed Texas fish farmer if marked and identified as

required under Chapter 134, Agriculture Code; or

(3) the lawful importation by the holder of a Texas finfish

import license into this state from another state or foreign

country of farm-raised red drum, bass of the genus Micropterus,

crappie, flathead catfish, striped bass, white bass, or a hybrid

of any of those fish that have been continuously fed a prepared

feed as a primary food source or lawfully taken, caught, or

raised blue marlin, jewfish, longbill spearfish, muskellunge,

northern pike, sailfish, sauger, snook, spotted sea trout,

tarpon, walleye, white marlin, yellow bass, or a hybrid of any of

those fish, if the fish are transported or sold when not alive

and are tagged, invoiced, packaged, and labeled under regulations

of the commission and if the license holder complies with any

requirements the commission may establish by proclamation that

the fish enter the stream of commerce for sale in this state in a

condition allowing ready identification of the species, including

a requirement that the fish come into the state with the head and

tail intact and tagged and a requirement that an invoice

accompany all imported fish regulated by this section through

each sales transaction, including transactions at the place of

the final sale to the consumer.

commission may allow subsequent sale of lawfully imported fish

without the head and tail intact and without a tag if the fish

are labeled in a manner prescribed by the commission and the tag

when removed is destroyed. A tag, if required, must be of a type

prescribed by the commission and shall be sold to an applicant at

a cost as determined by the commission that is reasonable to

defray the administrative costs incurred in connection with the

tag requirement.

(d) It is unlawful for any person to receive directly from

another state or foreign country, import, transport, or sell bass

of the genus Micropterus, blue marlin, crappie, flathead catfish,

jewfish, longbill spearfish, muskellunge, northern pike, red

drum, sailfish, sauger, snook, spotted sea trout, striped bass,

tarpon, walleye, white bass, white marlin, yellow bass, or a

hybrid of any of those fish unless the person holds a Texas

finfish import license issued by the department.

(e) The fee for a Texas finfish import license is $50 or an

amount set by the commission, whichever amount is more.

(f) The commission by proclamation may require fish imported

under this section to be tagged, packaged, and labeled and to be

accompanied by an invoice. The department may provide a

prenumbered invoice to a person importing any of the fish

described by Subsection (a) of this section into this state from

another state or foreign country and may charge a fee for the

invoice in an amount determined by the commission that is

reasonable to defray the administrative costs incurred under this

subsection. The invoice shall be used to report shipments of any

of the fish described by Subsection (a) of this section. A person

who receives invoices under this subsection must account to the

department for all invoices received as required by rules adopted

by the commission. A person commits an offense if the person

fails or refuses to account for an invoice as required by

commission rules.

(g) It is unlawful for a person to sell or offer to sell any

imported fish described by Subsection (a) of this section unless

it is tagged, packaged, invoiced, and labeled for identification

as provided by this section.

(h) A person may purchase at any season of the year fish

described by Subsection (a) as provided by this section.

(i) A person possessing more than three times the possession

limit, as provided by this code or by a proclamation of the

commission under this code, of fish described by Subsection (a)

of this section without lawful documentation commits an offense.

An offense under this subsection is a Class A Parks and Wildlife

Code misdemeanor.

(j) In this chapter the names of fishes are those prescribed by

the American Fisheries Society in the most recent edition of "A

List of Common and Scientific Names of Fishes of the United

States and Canada."

Added by Acts 1991, 72nd Leg., ch. 723, Sec. 13, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 859, Sec. 2, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1239, Sec. 8, eff. Sept.

1, 1999.

Sec. 66.021. PROTECTED FISH: DISPLAY OF DOCUMENTS. (a) A

person commits an offense if the person possesses a fish

described by Subsection 66.020(a) of this code under Subsection

66.020(b) of this code and:

(1) fails to keep with the fish a document or documents that

verify the place of origin of the fish; or

(2) fails, on the request of a game warden, to present to the

game warden without delay a document or documents that verify the

place of origin of the fish.

(b) Documents that verify the place of origin of any fish

described by Subsection 66.020(a) of this code include tags,

labels, or invoices required by this code, a regulation of the

commission, Chapter 134 of the Agriculture Code, or a regulation

of the commissioner of agriculture.

person is not required to have a culpable mental state.

Added by Acts 1991, 72nd Leg., ch. 723, Sec. 13, eff. Sept. 1,

1991.

Sec. 66.022. PURCHASE FOR EVIDENCE. A person authorized by the

department who, for the purpose of establishing testimony,

purchases or sells any aquatic life the purchase or sale of which

is prohibited or regulated by this code is immune from

prosecution for the purchases or sales. A conviction for the

unlawful purchase or sale of any aquatic animal may be sustained

on the uncorroborated testimony of the person authorized by the

department to purchase or sell aquatic life.

Added by Acts 1991, 72nd Leg., ch. 723, Sec. 13, eff. Sept. 1,

1991.

SUBCHAPTER B. FRESH WATER FISHING

Sec. 66.102. PLACING PROHIBITED DEVICES IN PUBLIC WATER. A

device designed to catch fish or other aquatic wildlife resources

that is placed in the public fresh water of this state in

violation of a law or commission proclamation is a nuisance, and

a game warden or other peace officer shall confiscate and dispose

of the device as provided by Section 12.1105 of this code. A game

warden or other peace officer is immune from liability for the

destruction of devices found in violation of this section.

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

1975. Amended by Acts 1983, 68th Leg., p. 23, ch. 9, art. I, Sec.

3, eff. Aug. 29, 1983.

Sec. 66.109. FISH LADDERS. (a) The department, by written

order, may require the owner of a public or private dam or other

obstruction on a regularly flowing public freshwater stream to

construct or repair fishways or fish ladders sufficient to allow

fish in all seasons to ascend or descend the dam or other

obstruction for the purpose of depositing spawn.

(b) An owner who fails to construct or repair a fishway or fish

ladder within 90 days after receiving the written order commits

an offense. Each week of violation following the 90-day period

constitutes a separate offense.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 62,

eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 106,

eff. Sept. 1, 1997.

Sec. 66.110. SCREENS TO PROTECT FISH. (a) The department may

direct a person or corporation taking fresh water of the state to

cover the entrance of the intake canal, pipe, or other device

used for taking water with a screen to protect fish.

(b) The department may regulate the manner of installation and

the specifications of screens and other obstructions required

under this section.

department made in writing under Subsection (a) of this section.

(d) Each day's failure to comply with this section constitutes a

separate offense.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 63,

eff. Sept. 1, 1985.

Sec. 66.111. SALE AND PURCHASE OF CERTAIN FISH. (a) Except as

provided by Subsection (b) no person may buy or offer to buy,

sell or offer to sell, possess for the purpose of sale, transport

or ship for the purpose of sale, or barter or exchange:

(1) freshwater crappie, bass of the genus Micropterus, striped

bass and hybrids of striped bass, white bass, walleye, sauger,

northern pike, muskellunge, trout of the family Salmonidae,

flathead catfish; or

(2) any other fish taken from the public fresh water of this

state.

(b) Subsection (a) of this section does not apply to:

(1) a fish, other than a bass of the genus Micropterus, reared

in private water under a fish farmer's license;

(2) a fish possessed legally outside this state and transported

into this state;

(3) bass of the genus Micropterus reared in private water under

a fish farmer's license and marketed for the purpose of stocking

the water of this state;

(4) nongame fish regulated under Chapter 67 of this code;

(5) channel catfish of more than 14 inches in length or blue

catfish of more than 14 inches in length taken from the public

fresh water of Angelina, Bowie, Camp, Cass, Chambers, Franklin,

Freestone, Gregg, Hardin, Harris, Harrison, Jasper, Jefferson,

Lamar, Leon, Liberty, Madison, Marion, Montgomery, Morris,

Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red River,

Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity,

Tyler, Upshur, or Walker County, the public fresh water of the

Neches or Trinity River in Houston County, or the public fresh

water of the Colorado River in Bastrop, Colorado, Fayette,

Matagorda, or Wharton County.

with the shipment stating the number, pounds, and species of fish

in the shipment, their place of origin, the name and address of

the shipper, the name and address of the receiver, and the date

of the shipment. The receiver of the shipment must keep the bills

of lading on file for not less than one year from the date of

shipment.

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

1975. Amended by Acts 1975, 64th Leg., p. 1204, ch. 456, Sec. 2,

eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 908, ch. 416, Sec.

1, eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 110, art. 4, Sec. 3, eff. Sept. 1, 1985; Acts 1985, 69th

Leg., ch. 827, Sec. 7, eff. Aug. 26, 1985; Acts 1987, 70th Leg.,

ch. 608, Sec. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch.

586, Sec. 1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 409,

Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 912, Sec.

1, eff. Sept. 1, 1995.

Sec. 66.114. GAME AND NONGAME FISH DEFINED: COMMISSION

PROCLAMATION. The commission by proclamation shall define game

and nongame fish.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 4,

eff. Sept. 1, 1985; Acts 1995, 74th Leg., ch. 409, Sec. 2, eff.

Sept. 1, 1995.

Sec. 66.119. FRAUD IN FRESHWATER FISHING TOURNAMENTS. (a) In

this section, "fishing tournament" means a contest in which a

prize is to be awarded to one or more participants in the contest

based on the weight, length, number, or type of freshwater fish

caught by the participants or based on any other criteria

applicable to the fish caught.

(b) A person commits an offense if, with intent to affect the

outcome of a fishing tournament:

(1) the person provides, offers to provide, sells, or offers to

sell a fish to a participant in the tournament for the purpose of

representing that the fish was caught by the participant in the

course of the tournament;

(2) the person, as a participant in the tournament, accepts or

agrees to accept a fish from another person for the purpose of

representing that the fish was caught by the participant in the

course of the tournament; or

(3) the person, as a participant in the tournament, represents

that a fish was caught by the person in the course of the

tournament when in fact the fish was not caught by that person or

the fish was not caught in the course of that tournament.

conducts a fishing tournament and knows of the occurrence in the

tournament of activity prohibited by Subsection (b) of this

section and does not immediately notify a law enforcement officer

commissioned by the director of its occurrence.

(d) An offense under this section is a Class A misdemeanor,

except that if the offense occurred during a tournament in which

any prize or combination of prizes to be awarded for any one

category for which an award is given, whether the prize or prizes

are to an individual or a team, is worth $10,000 or more in money

or goods, the offense is a felony of the third degree.

Added by Acts 1985, 69th Leg., ch. 109, Sec. 1, eff. Sept. 1,

1985.

Sec. 66.121. PENALTY. A person who violates Section 66.109,

66.110, 66.111, or 66.117(b) of this code or a regulation adopted

under Section 66.115 of this code commits an offense that is a

Class C Parks and Wildlife Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 64, eff.

Sept. 1, 1985. Renumbered from Sec. 66.119 by Acts 1987, 70th

Leg., ch. 167, Sec. 5.01(a)(41), eff. Sept. 1, 1987.

SUBCHAPTER C. SALTWATER FISHING

Sec. 66.2011. RED DRUM AND SPECKLED SEA TROUT: PENALTIES. In

addition to the penalty provided in Section 66.218, a person who

violates a proclamation issued under Chapter 61 shall have all

equipment, other than vessels, in the person's possession used

for the taking of red drum or speckled sea trout confiscated. A

person who violates a proclamation issued under Chapter 61 three

or more times within a five-year period shall have all equipment,

including vessels, in the person's possession used for the taking

of redfish or speckled sea trout confiscated.

Added by Acts 1977, 65th Leg., p. 722, ch. 270, Sec. 5, eff.

Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 375, ch. 153,

Sec. 2, eff. Sept. 1, 1981; Acts 1983, 68th Leg., p. 33, ch. 9,

art. II, Sec. 2, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p.

969, ch. 229, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg.,

p. 4054, ch. 634, Sec. 1, eff. Sept. 1, 1983; Acts 1985, 69th

Leg., ch. 267, art. 3, Sec. 66, eff. Sept. 1, 1985; Acts 1987,

70th Leg., ch. 542, Sec. 1, eff. Aug. 31, 1987; Acts 1997, 75th

Leg., ch. 1256, Sec. 107, eff. Sept. 1, 1997.

Sec. 66.2012. REGULATION OF COMMERCIAL USES OF REDFISH AND

SPECKLED SEA TROUT. (a) The commission by proclamation may

regulate the catching, possession, transportation, sale, and

purchase for commercial purposes in this state of redfish and

speckled sea trout. A proclamation issued under this section must

contain findings by the commission that support the need for the

proclamation.

(b) In determining whether to permit or prohibit any commercial

use of redfish and speckled sea trout under Subsection (a) of

this section, the commission shall consider:

(1) the availability of redfish and speckled sea trout in the

coastal water of this state;

(2) the availability of redfish and speckled sea trout from

sources other than the coastal water of this state;

(3) the economic interests of commercial and sports fishermen

and related industries in this state;

(4) the research of the department made under Section 66.217 of

this code;

(5) the protection of redfish and speckled sea trout habitat;

and

(6) the degree of compliance with state law and previous

regulations of the commission by fishermen and fish dealers in

this state.

may limit the number and size of redfish and speckled sea trout

that may be caught, possessed, transported, sold, or purchased

and may prescribe the times, places, conditions, and means and

manner of catching redfish and speckled sea trout.

(d) A proclamation of the commission under this section prevails

over any conflicting provision of Section 66.020 to the extent of

the conflict and only during the period that the proclamation is

in effect.

(e) This section does not apply to activities that are regulated

under the exceptions provided by Subdivisions (1), (2), and (3)

of Section 66.020(b) or under Subsections (f) and (g) of that

section.

(f) A person who violates a proclamation issued under Subsection

(a) is guilty of an offense and is punishable for the first and

subsequent offenses by the penalties prescribed by Sections

66.2011 and 66.218.

Added by Acts 1981, 67th Leg., p. 378, ch. 153, Sec. 13, eff.

Sept. 1, 1983. Amended by Acts 1983, 68th Leg., p. 970, ch. 229,

Sec. 4, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art.

3, Sec. 67, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256,

Sec. 108, eff. Sept. 1, 1997.

Sec. 66.204. VESSELS AND OBSTRUCTIONS IN FISH PASSES. (a) The

commission by proclamation may regulate the placement of

obstructions, traps, and mooring in fish passes and the marking

of restricted areas in any natural or artificial pass that is

opened, reopened, dredged, excavated, constructed, or maintained

by the department as a fish pass between the Gulf of Mexico and

an inland bay.

(b) No person may operate, possess, or moor a vessel or other

floating device, or may place any piling, wire, rope, cable, net,

trap, or other obstruction, in a natural or artificial pass

opened, reopened, dredged, excavated, constructed, or maintained

by the department as a fish pass between the Gulf of Mexico and

an inland bay within the distance inside the pass from the mouth

of the pass where it empties into the Gulf of Mexico to a marker

or sign erected by the department indicating the restricted area.

States to regulate navigation.

(d) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,

eff. Sept. 1, 1985.

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. 110,

eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 14, Sec. 1, eff.

April 25, 1997.

Sec. 66.206. TROTLINE TAGS. (a) The department shall issue

numbered tags for trotlines used in public salt water.

(b) The commission may make regulations for the safe use of

trotlines and to carry out the provisions of this section.

trotline or fractional part of 300 feet. The department shall

collect a fee of $2 for each tag issued or an amount set by the

commission, whichever amount is more.

(d) No person may use a trotline in public salt water unless the

trotline has attached to it the proper number of trotline tags.

(e) This section does not apply to a person fishing trotlines

under a commercial finfish fisherman's license.

(f) Repealed by Acts 1977, 65th Leg., p. 382, ch. 190, Sec.

5(2), eff. May 20, 1977.

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

1975. Amended by Acts 1977, 65th Leg., p. 382, ch. 190, Sec.

5(2), eff. May 20, 1977; Acts 1983, 68th Leg., p. 1337, ch. 277,

Sec. 44, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art.

2, Sec. 61, art. 3, Sec. 110, eff. Sept. 1, 1985; Acts 1999, 76th

Leg., ch. 455, Sec. 10, eff. Sept. 1, 2000.

Sec. 66.208. COMMERCIAL JOINT FISHING VENTURES. (a) No person

who is engaged in taking seafood in a commercial joint venture

may sell or offer to sell the products of the joint venture

except in the regular course of the joint venture with the

express or implied consent of the co-venturer.

(b) No person who is employed to take seafood may sell or offer

to sell the products taken in the course of his employment

without the express or implied consent of his employer.

sold in violation of Subsection (a) or (b) of this section.

(d) Repealed by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110,

eff. Sept. 1, 1985.

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. 110,

eff. Sept. 1, 1985.

Sec. 66.215. TAGS FOR NONCOMMERCIAL NETS AND SEINES. (a)

Except as provided in Subsection (b) of this section, no person

may place or use in the coastal water of this state a net or

seine unless there is attached to the net or seine a tag that

discloses the name and address of the owner of the net or seine.

(b) This section does not apply to a person who holds a

commercial fishing license under Chapter 47 of this code or to a

net or seine on which there is attached the license required by

Section 47.015 of this code.

seine in coastal water in violation of this section and retain

the net or seine as evidence. If the owner of the net or seine

seized under this subsection is not identified before the

expiration of 90 days after its seizure, the net or seine may be

disposed of under Section 12.011 of this code or as provided by

other law.

Added by Acts 1979, 66th Leg., p. 1166, ch. 565, Sec. 1, eff.

July 1, 1980. Amended by Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 72, eff. Sept. 1, 1985.

Sec. 66.216. POSSESSION OF HEADED OR TAILED FISH. No person may

possess a finfish of any species taken from coastal water, except

broadbill swordfish, shark, and king mackerel, that has the head

or tail removed unless the fish has been finally processed and

delivered to the final destination or to a certified wholesale or

retail dealer.

Added by Acts 1981, 67th Leg., p. 376, ch. 153, Sec. 6, eff.

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

Sec. 73, eff. Sept. 1, 1985.

Sec. 66.217. FINFISH RESEARCH. (a) The department shall

conduct continuous research and study of:

(1) the supply, economic value, environment, and breeding habits

of the various species of finfish, including red drum and

speckled sea trout;

(2) factors affecting the increase or decrease of finfish

supply;

(3) the use of trawls, nets, and other devices for the taking of

finfish;

(4) the effect on finfish of industrial and other types of water

pollution in areas naturally frequented by finfish; and

(5) statistical information gathered by the department on the

marketing, harvesting, processing, and catching of finfish landed

in this state.

(b) The department shall make findings based on the research

required by Subsection (a) of this section.

department.

Added by Acts 1981, 67th Leg., p. 378, ch. 153, Sec. 12, eff.

Sept. 1, 1981. Amended by Acts 1995, 74th Leg., ch. 391, Sec. 1,

eff. Aug. 28, 1995.

Sec. 66.218. PENALTIES. (a) Except as otherwise provided by

this section, a person who violates a provision of this

subchapter or a proclamation adopted under this subchapter

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

misdemeanor.

(b) If it is shown at the trial for a violation of Section

66.2011, 66.2012, 66.2014, or 66.208 of this code or a

proclamation adopted under those sections that the defendant has

been convicted within five years before the trial date of a

violation of the section for which the defendant is being

prosecuted, on conviction the defendant shall be punished for a

Class B Parks and Wildlife Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 74, eff.

Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 723, Sec. 15,

eff. Sept. 1, 1991.

SUBCHAPTER D. TEXAS TERRITORIAL WATER

Sec. 66.301. DEFINITION. In this subchapter, "coastal water"

means all of the salt water of this state, including that portion

of the Gulf of Mexico within the jurisdiction of this state.

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

1975.

Sec. 66.303. PROHIBITED ACTS. No unlicensed alien vessel may

take or attempt to take by any means or possess any natural

resource of the coastal water of this state.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 75,

eff. Sept. 1, 1985.

Sec. 66.304. PORT AUTHORITIES AND NAVIGATION DISTRICTS. It is

the duty of the port authorities and navigation districts of this

state to prevent the use of any port facility in a manner that

they reasonably suspect may assist in the violation of this

subchapter. They shall use all reasonable means, including the

inspection of nautical logs, to ascertain from masters of newly

arrived vessels of all types, other than warships of the United

States, the presence of alien commercial fishing vessels within

the coastal water of this state and shall promptly transmit the

information to the department and to law enforcement agencies of

this state as the situation may indicate. They shall request

assistance from the United States Coast Guard in appropriate

cases to prevent unauthorized departure from any port facility.

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

1975.

Sec. 66.305. HARBOR PILOTS. All harbor pilots shall promptly

transmit any knowledge coming to their attention regarding

possible violations of this subchapter to the appropriate

navigation district or port authority or the appropriate law

enforcement officials.

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

1975.

Sec. 66.306. ENFORCEMENT. All law enforcement agencies of the

state, including agents of the department, are empowered and

directed to arrest the masters and crews of vessels that are

reasonably believed to be in violation of this chapter and to

seize and detain the vessels and their equipment and catch. The

arresting officer shall take the offending crews or property

before the court having jurisdiction of the offense. The agencies

are directed to request assistance from the United States Coast

Guard in the enforcement of this Act when the agencies are

without means to effectuate arrest and restraint of vessels and

their crews operating in violation or probable violation of this

subchapter.

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

1975.

Sec. 66.307. POLITICAL ASYLUM. No crew member or master seeking

bona fide political asylum shall be fined or imprisoned under

this subchapter.

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

1975.

Sec. 66.308. PENALTY. A captain, master, or owner of an

unlicensed alien vessel or boat who violates Section 66.303 of

this code commits an offense that is a Class B Parks and Wildlife

Code misdemeanor.

Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 76, eff.

Sept. 1, 1985.