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Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-77-shrimp

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE D. CRUSTACEANS AND MOLLUSKS

CHAPTER 77. SHRIMP

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 77.001. DEFINITIONS. In this chapter:

(1) "Coastal water" means all the salt water of this state,

including that portion of the Gulf of Mexico within the

jurisdiction of the state.

(2) "Inside water" means all bays, inlets, outlets, passes,

rivers, streams, and other bodies of water landward from the

shoreline of the state along the Gulf of Mexico and contiguous

to, or connected with, but not a part of, the Gulf of Mexico and

within which the tide regularly rises and falls and in which

saltwater shrimp are found or into which saltwater shrimp

migrate.

(3) "Outside water" means the salt water of the state contiguous

to and seaward from the shoreline of the state along the Gulf of

Mexico as the shoreline is projected and extended in a continuous

and unbroken line, following the contours of the shoreline,

across bays, inlets, outlets, passes, rivers, streams, and other

bodies of water; and that portion of the Gulf of Mexico extending

from the shoreline seaward and within the jurisdiction of the

state.

(4) "Major bays" means the deeper, major bay areas of the inside

water, including Sabine Lake north of Cameron Causeway, Trinity

Bay, Galveston Bay, East Galveston Bay, West Galveston Bay,

Matagorda Bay (including East Matagorda Bay), Tres Palacios Bay

south of a line from Grassy Point to the mouth of Pilkerton

Bayou, Espiritu Santo Bay, Lavaca Bay seaward of State Highway

35, San Antonio Bay seaward of a line from McDowell Point to

Grassy Point to Marker 32 on the Victoria Barge Canal, Ayres Bay,

Carlos Bay, Aransas Bay, Mesquite Bay, and Corpus Christi Bay,

all exclusive of tributary bays, bayous, and inlets, lakes, and

rivers.

(5) "Possess" means the act of having in possession or control,

keeping, detaining, restraining, or holding as owner, or under a

fishing ley, or as agent, bailee, or custodian of another.

(6) "Commercial gulf shrimp boat" means any boat that is

required to be numbered or registered under the laws of the

United States or of this state and that is used for the purpose

of catching or assisting in catching shrimp and other edible

aquatic products from the outside water of the state for pay or

for the purpose of sale, barter, or exchange, or from salt water

outside the state for pay or for the purpose of sale, barter, or

exchange, and that unloads at a port or other point in the state

without having been previously unloaded in another state or

foreign country.

(7) "Commercial bay shrimp boat" means a boat that is required

to be numbered or registered under the laws of the United States

or this state and that is used for the purpose of catching or

assisting in catching shrimp and other edible aquatic products

from the inside water of this state for pay or for the purpose of

sale, barter, or exchange.

(8) "Commercial bait shrimp boat" means a boat that is required

to be numbered or registered under the laws of the United States

or of this state and that is used for the purpose of catching or

assisting in catching shrimp for use as bait and other edible

aquatic products from the inside water of the state for pay or

for the purpose of sale, barter, or exchange.

(9) Repealed by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff.

Sept. 1, 1997.

(10) "Bait-shrimp dealer" means a person who operates an

established place of business in a coastal county of the state

for compensation or profit for the purpose of handling shrimp

caught for use as bait from the inside water of this state, but

does not include a person holding a wholesale fish dealer's

license under Section 47.009 of this code.

(11) "Individual bait-shrimp trawl" means a trawl, net, or rig

used for the purpose of catching shrimp for one's own personal

use.

(12) "Second offense" and "third and subsequent offenses" mean

offenses for which convictions have been obtained within three

years prior to the date of the offense charged.

(13) "Contiguous zone," means that area of the Gulf of Mexico

lying adjacent to and offshore of the jurisdiction of the State

of Texas and in which shrimp of the genus Penaeus are found.

(14) "Bait bays" includes major bays, Copano Bay east of a line

running from Rattlesnake Point to the northeastern boundary of

the Bayside township, Nueces Bay from the bridge at State Highway

181 west to the second overhead power line dissecting the bay,

Upper Laguna Madre, Baffin Bay, Alazan Bay, Carlos Bay, Baroom

Bay, Lower Laguna Madre, and the Gulf Intracoastal Waterway

exclusive of all tributaries.

(15) "Nursery areas" includes tributary bays, bayous, inlets,

lakes, and rivers, which are proven to serve as significant

growth and development environments for postlarval and juvenile

shrimp not including the outside waters, major bays, or bait bays

as defined in this section.

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

1975. Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, Sec.

20(a), eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1297, ch.

600, Sec. 1, 2, eff. Aug. 27, 1979; Acts 1997, 75th Leg., ch.

1256, Sec. 130, eff. Sept. 1, 1997.

Sec. 77.002. LICENSE FEES. (a) License fees provided in this

chapter are a privilege tax on catching, buying, selling,

unloading, transporting, or handling shrimp within the

jurisdiction of this state.

(b) The shrimp marketing account is an account in the general

revenue fund to be used by the Department of Agriculture solely

for the purpose of the Texas shrimp marketing assistance program

established under Subchapter B, Chapter 47, Agriculture Code.

The account consists of funds deposited to the account under this

section. The account is exempt from the application of Section

11.032 of this code and Section 403.095, Government Code.

addition to fee increases the department is authorized to make

under this code, the department shall increase by 10 percent the

fee, as of September 1, 2003, for the following licenses and

shall deposit the amount of the increase to the credit of the

shrimp marketing account:

(1) a wholesale fish dealer's license issued under Section

47.009;

(2) a wholesale truck dealer's fish license issued under Section

47.010;

(3) a retail fish dealer's license issued under Section 47.011;

(4) a retail dealer's truck license issued under Section 47.013;

(5) a commercial bay shrimp boat license issued under Section

77.031; and

(6) a commercial gulf shrimp boat license issued under Section

77.035.

(d) Money in the shrimp marketing account may be used only for

implementing, maintaining, and conducting, including hiring

program staff employees for, the Texas shrimp marketing

assistance program created under Subchapter B, Chapter 47,

Agriculture Code. The Department of Agriculture may allocate not

more than $100,000 per fiscal year of the money in the account to

cover administrative and personnel costs of the Department of

Agriculture associated with the program.

(e) The department shall deposit at the end of each quarter to

the credit of the shrimp marketing account, fees received under

Subsection (c) for use by the Department of Agriculture to

conduct and operate the Texas shrimp marketing assistance program

created under Subchapter B, Chapter 47, Agriculture Code.

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

1975. Amended by Acts 2003, 78th Leg., ch. 265, Sec. 8, eff. June

18, 2003; Acts 2003, 78th Leg., ch. 677, Sec. 6, eff. June 20,

2003.

Amended by:

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

1052, Sec. 7, eff. September 1, 2009.

Sec. 77.003. DISPOSITION OF FUNDS. Money received for licenses

issued under this chapter or fines for violations of this chapter

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

following the date of collection.

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

1975.

Sec. 77.004. RESEARCH PROGRAM. (a) The department shall

conduct continuous research and study of:

(1) the supply, economic value, environment, and reproductive

characteristics of the various economically important species of

shrimp;

(2) factors affecting the increase or decrease in shrimp stocks

in both an annual and long-term cycle;

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

for the taking of shrimp;

(4) industrial and other pollution of the water naturally

frequented by shrimp;

(5) statistical information gathered by the department on the

marketing, harvesting, processing, and catching of shrimp landed

at points in the state;

(6) environmental parameters in the bay and estuary areas that

may serve as limiting factors of shrimp population abundance;

(7) other factors that, based on the best scientific information

available, may affect the health and well-being of the

economically important shrimp resources; and

(8) alternative management measures for shrimp that may be

considered for implementation in the management regime.

(b) The research may be conducted by the department or an agency

designated by the department.

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

1975. Amended by Acts 1985, 69th Leg., ch. 633, Sec. 2, eff. June

14, 1985.

Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND RESOURCES.

(a) Using the shrimp management plan required by Section 77.007

and the research conducted under Section 77.004, the department

shall comprehensively study shrimp resources, including the

shrimp population, and the shrimp industry. The study shall

analyze:

(1) the status of the shrimp population in coastal water,

including the size and projected growth of shrimping beds;

(2) the economic health of the shrimp industry;

(3) the status of conservation measures, including department

regulations and license buybacks; and

(4) the status of marine resources and habitats affected by

shrimping.

(b) In conducting the study, the department shall solicit and

consider input from:

(1) the public;

(2) the shrimp industry;

(3) other businesses affected by the shrimp industry;

(4) any other persons interested in marine resources; and

(5) the comptroller regarding economic data.

(1) the commission;

(2) the presiding officer of each house of the legislature; and

(3) the committees of each house of the legislature that have

primary oversight jurisdiction over the department.

(d) The department may repeat the study and report as necessary

to adequately regulate the shrimp industry and to preserve shrimp

resources.

(e) The commission shall base policies and rules relating to

shrimping on the results of the most recent study completed under

this section.

Added by Acts 2001, 77th Leg., ch. 968, Sec. 45, eff. Sept. 1,

2001.

Sec. 77.007. REGULATION OF CATCHING, POSSESSION, PURCHASE, AND

SALE OF SHRIMP. (a) The commission by proclamation may regulate

the catching, possession, purchase, and sale of shrimp. A

proclamation issued under this section must contain findings by

the commission that support the need for the proclamation.

(b) In determining the need for a proclamation under Subsection

(a) of this section, the commission shall consider:

(1) measures to prevent overfishing while achieving, on a

continuing basis, the optimum yield for the fishery;

(2) measures based on the best scientific information available;

(3) measures to manage shrimp throughout their range;

(4) measures, where practicable, that will promote efficiency in

utilizing shrimp resources, except that economic allocation may

not be the sole purpose of the measures;

(5) measures, where practicable, that will minimize cost and

avoid unnecessary duplication in their administration; and

(6) measures which will enhance enforcement.

may limit the quantity and size of shrimp that may be caught,

possessed, sold, or purchased and may prescribe the times,

places, conditions, and means and manner of catching shrimp.

However, measures dealing with sale and purchase may only be

implemented at first sale or exchange transaction.

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

over:

(1) any conflicting provision of this chapter to the extent of

the conflict; and

(2) a proclamation of the commission issued under the Wildlife

Conservation Act of 1983 (Chapter 61 of this code).

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

(a) of this section commits an offense. An offense under this

section is punishable as provided by Subsection (a) of Section

77.020 of this code.

(f) The commission shall make no proclamation under this chapter

until it has approved and adopted a shrimp management plan and

economic impact analysis prepared by the department as provided

in Section 77.004 and unless such proclamation is shown to be

consistent with the shrimp management plan.

Added by Acts 1985, 69th Leg., ch. 633, Sec. 3, eff. June 14,

1985.

SUBCHAPTER B. PROVISIONS GENERALLY APPLICABLE TO SHRIMPING

Sec. 77.011. LICENSE REQUIREMENT. No person may operate in the

coastal water without obtaining the appropriate license, if

required, as prescribed in this chapter.

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

1975.

Sec. 77.014. METHOD OF TAKING COUNT. (a) An authorized

employee of the department shall take the count of shrimp in the

presence of the person possessing the shrimp.

(b) The employee shall select a minimum of three representative

samples for each 1,000 pounds or fraction of 1,000 pounds of

headless or heads-on shrimp being sampled.

three minutes.

(d) The count per pound for the sample is determined by dividing

the number of specimens in the sample by five.

(e) The average count per pound for the entire quantity being

sampled is determined by totalling the count per pound for each

sample and dividing that total by the number of samples.

(f) The average count per pound as determined under this section

is prima facie evidence of the average count per pound of the

shrimp in the entire cargo or quantity of shrimp sampled.

(g) Headless and heads-on shrimp shall be sampled, weighed, and

counted separately.

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

1975.

Sec. 77.015. GRADATION AND PROCESSING. Shrimp found to be of

legal size under this chapter may subsequently be graded for size

for packaging, processing, or sale.

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

1975.

Sec. 77.0191. RETENTION OF REDFISH, SPECKLED SEA TROUT, AND

LIGHTNING WHELKS. (a) No person who is using a trawl for the

purpose of taking shrimp may retain a redfish, speckled sea

trout, or lightning whelk, also known as Busycon perversum

pulleyi, caught in the trawl.

(b) No person may retain a redfish, speckled sea trout, or

lightning whelk if the person is on board a boat licensed under

this chapter and if there is a shrimp trawl on board the boat.

Added by Acts 1983, 68th Leg., p. 3818, ch. 592, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1999, 76th Leg., ch. 524, Sec. 1,

eff. Sept. 1, 1999.

Sec. 77.020. PENALTY. (a) A person who violates a provision of

this chapter except Section 77.024 or 77.061(a)(1) or who

violates a regulation adopted under this chapter commits an

offense that is a Class C Parks and Wildlife Code misdemeanor.

(b) If it is shown at the trial of the defendant that the person

has been convicted once within five years before the trial date

of a violation of a provision of this chapter except Section

77.024 or 77.061(a)(1), or of a regulation adopted under this

chapter, the person is guilty of a Class B Parks and Wildlife

Code misdemeanor.

has been convicted two or more times within five years before the

trial date of a violation of a provision of this chapter except

Section 77.024 or 77.061(a)(1), or of a regulation adopted under

this chapter, the person is guilty of a Class A Parks and

Wildlife Code misdemeanor.

(d) Section 12.109 and Subchapter D, Chapter 12, do not apply to

a violation of a rule adopted under this chapter related to the

display of a commercial shrimp boat license or a commercial

shrimp boat's documentation or registration number if another

violation of this chapter or a rule adopted under this chapter

does not exist at the time of the violation.

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

1975. Amended by Acts 1979, 66th Leg., p. 1465, ch. 641, Sec. 1,

eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 2166, ch. 506, Sec.

2, eff. June 12, 1981; Acts 1985, 69th Leg., ch. 267, art. 3,

Sec. 85, eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec.

116, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1180, Sec. 1,

eff. Sept. 1, 2001.

Sec. 77.021. SEPARATE OFFENSE. Each day on which a violation

occurs constitutes a separate offense.

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

1975.

Sec. 77.022. RESPONSIBILITY FOR VIOLATION. (a) When a vessel

is involved in a violation of this chapter, the captain of the

vessel shall be considered primarily responsible for the

violation. A member of the crew of a vessel shall not be guilty

of a violation unless it also be charged that the member of the

crew acted in violation of the orders of the captain of the

vessel.

(b) The owner of a vessel involved in a violation of this

chapter may not be found guilty of the violation unless it is

charged and proved that the owner knowingly directed, authorized,

permitted, agreed to, aided, or acquiesced in the violation.

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

1975. Amended by Acts 1975, 64th Leg., p. 1213, ch. 456, Sec.

13(i), eff. Sept. 1, 1975.

Sec. 77.024. OPERATION WITHOUT LICENSE. No person whose license

has been forfeited may do business without a new license or

possess another license for the period of forfeiture.

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. 86,

eff. Sept. 1, 1985.

Sec. 77.025. PERIOD OF LIMITATION. Except as provided in

Article 12.05, Code of Criminal Procedure, 1965, as amended, an

indictment or information for a violation of this chapter may be

presented within one year after the date of the commission of the

offense and not afterward.

Added by Acts 1975, 64th Leg., p. 1213, ch. 456, Sec. 13(j), eff.

Sept. 1, 1975.

SUBCHAPTER C. SHRIMP LICENSES

Sec. 77.031. COMMERCIAL BAY SHRIMP BOAT LICENSE. (a) No person

may operate a commercial bay shrimp boat for the purpose of

catching or assisting in catching shrimp and other edible aquatic

products from the inside water unless the owner has obtained a

commercial bay shrimp boat license.

(b) The fee for a commercial bay shrimp boat license is $170 or

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

executive director may set a fee lower than $170 for licenses

issued from December 16, 1993, through August 31, 1994, and which

expire on August 31, 1994.

submit to the department an affidavit that the applicant intends

to derive the major portion of his livelihood from the commercial

fishery and that he will maintain adequate facilities to conduct

the business.

(d) The fee for a commercial bay shrimp 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 $500 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 1975, 64th Leg., p. 1213, ch. 456, Sec.

13(g), eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 2012, ch.

789, Sec. 2, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 1338,

ch. 277, Sec. 48, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch.

267, art. 2, Sec. 68, eff. Sept. 1, 1985; Acts 1985, 69th Leg.,

ch. 633, Sec. 4, eff. June 14, 1985; Acts 1987, 70th Leg., ch.

621, Sec. 6, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 365,

Sec. 25, eff. Dec. 16, 1993; Acts 1995, 74th Leg., ch. 931, Sec.

72, eff. June 16, 1995.

Sec. 77.033. COMMERCIAL BAIT-SHRIMP BOAT LICENSE. (a) No

person may operate a commercial bait-shrimp boat for the purpose

of catching or assisting in catching shrimp for use as bait only

and other edible aquatic products from the inside water unless

the owner of the boat has obtained a commercial bait-shrimp boat

license.

(b) The fee for a commercial bait-shrimp boat license is $170 or

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

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 $500 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 1983, 68th Leg., p. 1338, ch. 277, Sec. 49,

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

69, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 633, Sec. 5,

eff. June 14, 1985; Acts 1987, 70th Leg., ch. 621, Sec. 7, eff.

Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 365, Sec. 26, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 73, eff. June 16,

1995.

Sec. 77.035. COMMERCIAL GULF SHRIMP BOAT LICENSE. (a) No

person may operate a commercial gulf shrimp boat for catching or

assisting in catching shrimp and other edible aquatic products

from the outside water, or have on board a boat, or unload, or

allow to be unloaded at a port or point in this state, shrimp and

other edible aquatic products caught or taken from the outside

water or from salt water outside the state without having been

previously unloaded in some other state or foreign country,

unless the owner of the boat has obtained a commercial gulf

shrimp boat license.

(b) The fee for a commercial gulf shrimp boat license is $250 or

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

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 $1,000 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 1975, 64th Leg., p. 1213, ch. 456, Sec.

13(h), eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 1338, ch.

277, Sec. 50, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267,

art. 2, Sec. 70, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch.

633, Sec. 6, eff. June 14, 1985; Acts 1987, 70th Leg., ch. 621,

Sec. 8, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 365, Sec.

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

eff. June 16, 1995.

Sec. 77.0351. COMMERCIAL SHRIMP BOAT CAPTAIN'S LICENSE. (a) No

captain of a licensed commercial shrimp boat may operate a

licensed commercial shrimp boat while catching or attempting to

catch shrimp from the public water of this state or unloading or

attempting to unload in this state shrimp and other aquatic

products taken from saltwater outside this state for pay or for

purposes of sale, unless the person holds a commercial shrimp

boat captain's license issued by the department.

(b) Except as provided by Subsection (c), the fee for a resident

commercial shrimp boat captain's license shall be no less than

$25 and no more than $50.

license is $100 or an amount set by the commission, whichever

amount is more.

(d) In this section, "resident" and "nonresident" have the

meanings assigned by Section 47.001.

(e) Subchapter D, Chapter 12, does not apply to a violation of

this section if another violation of this chapter or a rule

adopted under this chapter does not exist at the time of the

violation.

Added by Acts 1995, 74th Leg., ch. 862, Sec. 7, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 1180, Sec. 2, eff.

Sept. 1, 2001.

Sec. 77.0352. SALE OF CATCH. (a) The holder of a commercial

shrimp boat license may sell only the catch of shrimp from the

vessel to which the commercial shrimp boat license applies.

(b) The holder of a commercial shrimp boat license may sell

aquatic products other than shrimp if those aquatic products:

(1) were taken incidental to lawful shrimping on the vessel to

which the commercial shrimp boat license applies; and

(2) comply with all applicable provisions of this code or

commission regulations.

sell only:

(1) the catch of shrimp from the vessel being operated by that

license holder; and

(2) aquatic products other than shrimp if those aquatic

products:

(A) were taken incidental to lawful shrimping; and

(B) comply with all applicable provisions of this code or

commission regulations.

(d) Subsection (c) does not authorize the sale of shrimp or

other aquatic products without the consent of the owner of the

vessel used to make the catch.

(e) No person, including a crew member of a licensed commercial

shrimp boat, may sell the catch of shrimp or other aquatic

products taken incidental to the legal shrimping operation,

except as provided by this section.

Added by Acts 1995, 74th Leg., ch. 862, Sec. 7, eff. Sept. 1,

1995.

Sec. 77.036. OFFICIAL REGISTRATION. (a) An applicant for a

commercial shrimp boat license, which is not a renewal of the

previous year's license, issued under this subchapter must submit

to the department the boat's United States Coast Guard

certificate of documentation or the Texas certificate of number

for a vessel or other state's certificate of number for a

motorboat.

(b) The certificate of license issued by the department for a

commercial shrimp boat must contain the name of the boat if the

boat is registered with the United States Coast Guard and the

number appearing on the United States Coast Guard certificate of

documentation or the Texas or other state's certificate of

number.

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

1975. Amended by Acts 1987, 70th Leg., ch. 621, Sec. 9, eff.

Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 365, Sec. 28, eff. Sept.

1, 1993; Acts 1993, 73rd Leg., ch. 450, Sec. 25, eff. Sept. 1,

1993.

Sec. 77.0361. LICENSE EXPIRATIONS AND TRANSFERS. (a) All

licenses issued under the authority of Chapter 77 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 issued under the authority of this chapter may

not be transferred to another person or vessel except as provided

by Subsection (c) or by Section 77.113. A license issued under

the authority of Section 77.043 in the name of a business remains

valid for the business location specified on the license if a

change of ownership or business name occurs. A license issued

under the authority of Section 77.035 may be transferred to

another vessel or to the new owner of the same vessel.

necessary for license transfers and may prescribe, by regulation,

forms to be used and fees to be charged for transfers of licenses

in this chapter, for duplicate license plates, or for duplicate

or replacement licenses.

Added by Acts 1993, 73rd Leg., ch. 365, Sec. 29, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 339, Sec. 3, eff. June

8, 1995; Acts 1995, 74th Leg., ch. 931, Sec. 75, eff. June 16,

1995; Acts 1997, 75th Leg., ch. 1256, Sec. 117, eff. Sept. 1,

1997.

Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp boat

license issued under this subchapter may be transferred on the

application of the licensee from a boat that has been destroyed

or lost to a boat acquired by the licensee as a replacement. The

commission, by regulation, may prescribe requirements necessary

to clarify license transfer procedures and may prescribe, by

regulation, forms to be used and fees to be charged for transfer

of licenses authorized by this subsection.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 365, Sec. 30, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 118, eff.

Sept. 1, 1997.

Sec. 77.039. LICENSE DESIGN. (a) A commercial shrimp boat

license issued under this subchapter must be a sign or emblem at

least 32 square inches in size and be constructed of a durable

material.

(b) The character and design of each class of commercial shrimp

boat license issued under this subchapter must be

distinguishable.

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

1975.

Amended by:

Acts 2005, 79th Leg., Ch.

107, Sec. 1, eff. May 20, 2005.

Sec. 77.040. OTHER LICENSES REQUIRED. (a) A person holding a

commercial shrimp boat license under this subchapter is not

required to obtain a commercial fishing boat license under

Section 47.007 of this code.

(b) The captain of a commercial shrimp boat who holds a

commercial shrimp boat captain's license and each paid member of

the crew of a boat having a commercial shrimp boat license issued

under this subchapter are not required to have a general

commercial fisherman's license issued under Section 47.002 of

this code, a commercial finfish fisherman's license issued under

Section 47.003 of this code, or a bait dealer's license issued

under Section 47.014 of this code to catch and unload aquatic

products lawfully taken incidental to lawful shrimping.

shrimp boat must possess and produce on request to any

enforcement officer proof of the person's identity.

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

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

Sec. 4, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1399, ch.

623, Sec. 9, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 365,

Sec. 31, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 862, Sec.

8, eff. Sept. 1, 1995.

Sec. 77.043. BAIT-SHRIMP DEALER LICENSE. (a) No person may

engage in business as a bait-shrimp dealer unless he has obtained

a bait-shrimp dealer's license from the department for each bait

stand or place of business he maintains.

(b) The fee for a bait-shrimp dealer's license is $60 or an

amount set by the commission, whichever amount is more.

the date of issuance.

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

1975. Amended by Acts 1983, 68th Leg., p. 1339, ch. 277, Sec. 52,

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

72, eff. Sept. 1, 1985.

Sec. 77.044. ISSUANCE OF BAIT-SHRIMP DEALER'S LICENSE. (a) The

department shall issue a bait-shrimp dealer's license only after

it has determined that the applicant for the license is a bona

fide bait-shrimp dealer.

(b) A bait-shrimp dealer's license may not be held by a person

who also holds a wholesale fish dealer's license.

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

1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 119, eff.

Sept. 1, 1997.

Sec. 77.045. RIGHTS AND DUTIES OF BAIT-SHRIMP DEALER. (a) The

holder of a bait-shrimp dealer's license may sell, purchase, and

handle shrimp, minnows, fish, and other forms of aquatic life for

sale or resale for fish bait purposes in the coastal counties of

this state.

(b) The holder of a bait-shrimp dealer's license is not required

to obtain a bait dealer's license issued under Section 47.014 of

this code unless he engages in the business in a county other

than a coastal county.

eff. Aug. 31, 1981.

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

1975. Amended by Acts 1981, 67th Leg., p. 2692, ch. 730, Sec. 2,

eff. Aug. 31, 1981.

Sec. 77.046. EXEMPTIONS FROM BAIT-SHRIMP DEALER'S LICENSE. A

bait-shrimp dealer's license is not required for:

(1) grocery stores in coastal counties which do not unload or

purchase shrimp directly from commercial bait-shrimp boats;

(2) bait dealers in coastal counties who do not sell or offer

for sale or handle shrimp for sale or resale for bait purposes,

but these dealers must have a bait-dealer's license issued under

Section 47.014 of this code.

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

1975.

Sec. 77.048. INDIVIDUAL BAIT-SHRIMP TRAWL LICENSE. (a) No

person may possess or have on board a boat in coastal water an

individual bait-shrimp trawl unless the owner of the trawl has

obtained an individual bait-shrimp trawl license from the

department.

(b) The fee for the individual bait-shrimp trawl license is $15

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

31 following the date of issuance.

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

1975. Amended by Acts 1983, 68th Leg., p. 1339, ch. 277, Sec. 53,

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

73, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 633, Sec. 7,

eff. June 14, 1985.

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

Sec. 77.049. LICENSE FEES. (a) Fees for licenses issued under

Sections 77.031 and 77.035 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. 10, eff. June 18,

2003; Acts 2003, 78th Leg., ch. 677, Sec. 8, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

360, Sec. 2, eff. August 29, 2005.

Acts 2005, 79th Leg., Ch.

1303, Sec. 2, eff. August 29, 2005.

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

756, Sec. 2, eff. August 29, 2007.

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

999, Sec. 2, eff. August 29, 2007.

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

281, Sec. 2, eff. May 30, 2009.

SUBCHAPTER D. SHRIMPING IN OUTSIDE WATER

Sec. 77.061. GENERAL CLOSED SEASON. (a) Except as specifically

provided in this subchapter, no person may catch shrimp in

outside water:

(1) from June 1 to July 15, both dates inclusive, or during a

period provided under Section 77.062 of this code, as applicable;

(2) extending from the coastline of Texas up to and including

seven fathoms in depth from December 16 of each year to February

1 of the following year, both dates inclusive, unless taking sea

bobs.

(b) Notwithstanding the provisions of Subchapter E, Chapter 12,

of this code, a person who violates Subdivision (1) of Subsection

(a) of this section or Section 77.024 of this code commits an

offense and on conviction is punishable by a fine of not less

than $2,500 nor more than $5,000, by confinement in the county

jail for not less than six months nor more than one year, or by

both.

trawl (excluding doors) not stored within the confines of the

hull of a vessel in outside water during the closed period

provided by Subdivision (1) of Subsection (a) of this section is

prima facie evidence of a violation of this section.

(d) Subsection (c) of this section does not apply to a licensed

commercial gulf shrimp boat within one-fourth mile of jetties

when the vessel is in direct transit to open water to catch white

shrimp as provided in Section 77.065, Parks and Wildlife Code, as

amended.

(e) A commercial shrimp boat operating in the outside water

during the closed season as provided by Subdivision (1) of

Subsection (a) of this section shall display its documentation

number issued by the United States Coast Guard for documented

vessels or a registration number issued by a state on the port

and starboard sides of the deckhouse or hull and on an

appropriate weather deck so as to be clearly visible from

enforcement vessels and aircraft. This number shall be

permanently attached or painted on the vessel in block Arabic

numerals in contrasting color to the background and at least 18

inches in height on vessels over 65 feet in length or at least 10

inches in height for all other vessels.

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

1975. Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, Sec.

20(b), eff. Sept. 1, 1975; Acts 1981, 67th Leg., p. 2165, ch.

506, Sec. 1, eff. June 12, 1981; Acts 1985, 69th Leg., ch. 267,

art. 3, Sec. 87, eff. Sept. 1, 1985.

Sec. 77.062. CHANGE IN GENERAL CLOSED SEASON. Based on sound

biological data, the commission may change the opening and

closing dates of the June 1 to July 15 closed season to provide

for an earlier, later, or longer season not to exceed 60 days.

The commission may change the closing date with 72 hours public

notice and may reopen the season with 24 hours notice. The

commission may delegate to the director the duties and

responsibilities of opening and closing the shrimping season

under this section.

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

1975. Amended by Acts 1975, 64th Leg., p. 1220, ch. 456, Sec.

20(b), eff. Sept. 1, 1975.

Sec. 77.063. GENERAL LIMITATION ON NETS. (a) Repealed by Acts

1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.

(b) When restrictions are imposed on either or both the size and

number of main trawls, no person may use a try net in outside

water exceeding 21 feet in width as measured along an

uninterrupted corkline from leading tip of door to leading tip of

door and having doors or boards that exceed 450 square inches

each or a beam trawl exceeding 10 feet in width as measured along

the beam of a beam trawl in its fully extended position.

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

1975. Amended by Acts 1979, 66th Leg., p. 1092, ch. 511, Sec. 1,

eff. June 11, 1979; Acts 1997, 75th Leg., ch. 1256, Sec. 130,

eff. Sept. 1, 1997.

Sec. 77.071. REGULATIONS IN CONTIGUOUS ZONE. (a) Repealed by

Acts 1987, 70th Leg., ch. 217, Sec. 2, eff. Sept. 1, 1987.

(b) The department may negotiate reciprocal agreements with

another state with respect to the application of one state's

shrimping regulations in its contiguous zone to citizens of the

other state.

Added by Acts 1975, 64th Leg., p. 1221, ch. 456, Sec. 20(f), eff.

Sept. 1, 1975. Amended by Acts 1987, 70th Leg., ch. 217, Sec. 2,

eff. Sept. 1, 1987.

Sec. 77.072. SHRIMP SIZE EXCEPTION. Minimum size restrictions

as provided in Chapter 77, Parks and Wildlife Code, as amended,

do not apply to shrimp taken from outside waters when:

(1) the Gulf of Mexico Fishery Management Council's Fishery

Management Plan for the Shrimp Fishery of the Gulf of Mexico is

in effect; and

(2) such plan as described in Subsection (a) of this section

restricts the taking of shrimp in the Fishery Conservation Zone

contiguous to the outside waters of Texas, to conform with the

Texas closed Gulf season as defined in Sections 77.061(1) and

77.062 of this code.

Added by Acts 1981, 67th Leg., p. 452, ch. 187, Sec. 1, eff. May

25, 1981.

SUBCHAPTER F. BAY SHRIMP LICENSE MANAGEMENT

Sec. 77.111. SHRIMP LICENSE MANAGEMENT PROGRAM. For the

purposes of promoting efficiency and economic stability in the

shrimping industry and of conserving economically important

shrimp resources, the department shall implement a shrimp license

management program in accordance with the shrimp management plan

adopted by the commission under Section 77.007 and as prescribed

by this subchapter.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.112. ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT

SHRIMP BOAT LICENSES. (a) After August 31, 1995, the department

may not issue a new commercial bay or bait shrimp boat license

unless the person seeking to obtain the license documents to the

satisfaction of the department that the vessel for which the

license is sought:

(1) is owned by the person;

(2) was under construction and at least 50 percent completed on

April 1, 1995; and

(3) is intended to be licensed and used as a commercial bay or

bait shrimp boat.

(b) For the license year ending August 31, 1996, the department

may renew a commercial bay or bait shrimp boat license only if

the person seeking renewal of the license:

(1) owns the commercial bay or bait shrimp boat for which the

license renewal is sought; and

(2) held the license to be renewed on April 1, 1995, or, after

that date, obtained the license to be renewed by a transfer

authorized by Section 77.113.

bay or bait shrimp boat license only if the person seeking to

renew the license:

(1) owns the commercial bay or bait shrimp boat for which the

license renewal is sought; and

(2) held the license to be renewed during the preceding license

year.

(d) An applicant for a new or renewed commercial bay or bait

shrimp boat license for a vessel that is required by United

States Coast Guard rules to be documented by the United States

Coast Guard must submit to the department with the license

application the United States Coast Guard certificate of

documentation for the vessel.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.113. LICENSE TRANSFER. (a) Except as provided by this

section, a commercial bay or bait shrimp boat license may not be

transferred from one person to another before September 1, 1999.

(b) A commercial bay or bait shrimp boat license may be

transferred at any time, by sale or otherwise:

(1) between holders of a commercial bay or bait shrimp boat

license;

(2) between a holder of a commercial bay or bait shrimp boat

license and a historical shrimp boat captain as defined by the

shrimp license management review board and approved by the

executive director; or

(3) to an heir or devisee of the deceased holder of the

commercial bay or bait shrimp boat license, but only if the heir

or devisee is a person who in the absence of a will would be

entitled to all or a portion of the deceased's property.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.114. LIMIT ON NUMBER OF LICENSES HELD; DESIGNATED

LICENSE HOLDER. (a) Except as provided by Subsection (b), no

person may hold or directly or indirectly control more than four

commercial bay and four commercial bait shrimp boat licenses.

(b) A person who qualifies to renew a license under Section

77.112 on September 1, 1995, may hold each license renewed and

after that date may retain and renew the licenses until the

licenses are transferred, not renewed, or revoked. A person may

not hold or renew more than four commercial bay and four

commercial bait shrimp boat licenses under this subsection after

August 31, 2002.

to an individual. A person other than an individual who wishes to

retain or seeks to renew a license of either type must designate

an individual to whom the license will be issued.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.115. TRANSFER FEE. The commission may set a fee for the

transfer of a commercial bay or bait shrimp boat license. The

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

license fee for the license being transferred.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.116. LENGTH AND ENGINE LIMITS; VESSEL UPGRADE. (a)

Except as provided by Subsection (d), a vessel licensed as a

commercial bay or bait shrimp boat may not:

(1) have an engine that is rated by the manufacturer of the

engine at more than 400 horsepower; or

(2) exceed 60 feet in length.

(b) A vessel licensed as a commercial bay or bait shrimp boat

may not be lengthened or have the engine horsepower increased

more than once after September 1, 1995.

the vessel's length.

(d) The license for a vessel that on September 1, 1995, is

licensed as a commercial bay or bait shrimp boat and exceeds the

length or horsepower limit set by Subsection (a) may be renewed,

but the vessel may not be lengthened or have the horsepower of

the vessel increased. If the vessel is replaced, the replacement

vessel must meet the engine and length requirements described in

Subsection (a).

(e) For purposes of this section, vessel length shall be

determined according to United States Coast Guard specifications

in effect on September 1, 1995.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.117. LICENSE SUSPENSION AND REVOCATION. (a) The

executive director, after notice and the opportunity for a

hearing, may suspend a commercial bay or bait shrimp boat license

if the license holder or any other operator of the licensed

vessel is convicted of one or more flagrant offenses totalling

three flagrant offenses for the licensed vessel. The suspension

may be for:

(1) six months, if:

(A) the date of each offense is within a 24-consecutive-month

period beginning not earlier than September 1, 1995; and

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

or bait shrimp boat license suspended under this section; or

(2) 12 months, if the date of each offense is within a

24-consecutive-month period and the license holder has previously

had a commercial bay or bait shrimp boat license suspended under

this section.

(b) Except as provided by Subsection (c), a license suspension

under this section does not affect the license holder's

eligibility to renew the license after the suspension expires.

a hearing, may permanently revoke a commercial bay or bait shrimp

boat license if:

(1) the license holder has previously had a commercial bay or

bait shrimp boat license suspended twice under this section;

(2) the license holder or any other operator of the licensed

vessel is convicted of one or more flagrant offenses totalling

three flagrant offenses for the licensed vessel; and

(3) the date of each offense is in a 24-consecutive-month period

beginning not earlier than the date of the most recent previous

suspension under this section.

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

(1) trawling in a nursery area in violation of this code or of a

proclamation of the commission issued under this code;

(2) shrimping longer than 30 minutes before or 30 minutes after

legal shrimping hours prescribed by this code or by a

proclamation of the commission issued under this code;

(3) exceeding possession limits, in violation of this code or of

a proclamation of the commission issued under this code, by 100

or more pounds;

(4) exceeding legal net size, in violation of this code or of a

proclamation of the commission issued under this code, by five

feet or more; or

(5) falsifying information required by this subchapter or a

commission rule adopted under this subchapter for the issuance of

a commercial bay or bait shrimp boat license.

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

one suspension under this section.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.118. SHRIMP LICENSE MANAGEMENT REVIEW BOARD. (a) The

holders of commercial bay and bait shrimp boat licenses shall

elect a shrimp license management review board of nine members.

(b) A member of the review board must be a holder of a

commercial bay or bait shrimp boat license.

reflect the following geographical distribution according to the

county of residence specified on the member's commercial bay or

bait shrimp boat license:

(1) one member representing Orange, Jefferson, Chambers, and

Harris counties;

(2) two members representing Galveston County;

(3) two members representing Brazoria and Matagorda counties;

(4) three members representing Calhoun, Aransas, Nueces, San

Patricio, and Refugio counties; and

(5) one member representing Kleberg, Cameron, and Willacy

counties.

(d) The review board shall advise the commission and department

and make recommendations concerning the administrative aspects of

the shrimp license management program, including hardship and

appeal cases concerning eligibility, license transfer, license

renewal, license suspension, license revocation, and vessel

length and engine changes.

(e) The executive director shall adopt procedures for the

election and operation of the review board. The executive

director shall solicit and consider recommendations from the

commercial bay and bait shrimp boat license holders regarding the

procedures.

(f) The review board is not subject to Article 6252-33, Revised

Statutes.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.119. LICENSE BUYBACK PROGRAM. (a) The department shall

implement a license buyback program as part of the shrimp license

management program established by this subchapter.

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

reasonable classifications, by which the department selects

licenses to be purchased. The commission may delegate to the

executive director, for purposes of this section only, the

authority to develop the criteria through rulemaking procedures,

but the commission by order must finally adopt the rules

establishing the criteria. The commission or executive director

shall consult with the shrimp license management review board

concerning establishment of the criteria.

license buyback program until the commission finds that

management of the shrimp fishery allows reissue of those licenses

through auction or lottery.

(d) A person whose license is selected by the department to be

purchased under the license buyback program shall be required to

execute a contract that includes the following terms:

"Section 40.251, Natural Resources Code, provides that any person

who intentionally leaves, abandons, or maintains any vessel in a

wrecked, derelict, or substantially dismantled condition in

violation of Section 40.108, Natural Resources Code, shall be

guilty of a Class A misdemeanor. Further, a person who leaves,

abandons, or maintains a derelict vessel in violation of Section

40.108, Natural Resources Code, shall be subject to a civil

penalty of not less than $100 or more than $10,000 per violation

for each day of violation, not to exceed a maximum of $125,000

pursuant to Section 40.251(f), Natural Resources Code. I agree

not to abandon or dispose of any vessel in violation of state

law. I further acknowledge that money paid to me under the

license buyback program may be forfeited to the coastal

protection fund established by Section 40.151, Natural Resources

Code, if the commissioner of the General Land Office finds that

the vessel to which the license applied was abandoned in

violation of Section 40.108, Natural Resources Code."

(e) The commissioner of the General Land Office may order the

forfeiture of any money paid to a person under the license

buyback program if the commissioner finds that the vessel to

which the license applied was abandoned by the person in

violation of Section 40.108, Natural Resources Code. Any money

forfeited under this section shall be deposited to the credit of

the coastal protection fund established by Section 40.151,

Natural Resources Code.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

216, Sec. 6, eff. September 1, 2005.

Sec. 77.120. SHRIMP LICENSE BUYBACK ACCOUNT; FEE INCREASE. (a)

The shrimp license buyback account is a separate account in the

general revenue fund. The account consists of money deposited to

the account under this section. Sections 403.094 and 403.095,

Government Code, do not apply to the account.

(b) The department may accept grants and donations of money or

materials from private or public sources to be applied to the

shrimp license buyback account.

make under this code, the department shall increase by 15

percent, but not by an amount that exceeds $25, the fee for the

following licenses and shall deposit the amount of the increase

to the credit of the shrimp license buyback account:

(1) a bait-shrimp dealer's license issued under Section 77.043;

(2) a wholesale fish dealer's license issued under Section

47.009;

(3) a wholesale truck dealer's fish license issued under Section

47.010;

(4) a retail fish dealer's license issued under Section 47.011;

(5) a retail dealer's truck license issued under Section 47.013;

(6) a commercial bait-shrimp boat license issued under Section

77.033;

(7) a commercial bay shrimp boat license issued under Section

77.031; and

(8) a commercial gulf shrimp boat license issued under Section

77.035.

(d) The department shall deposit to the credit of the shrimp

license buyback account transfer fees received under Section

77.115.

(e) Money in the shrimp license buyback account may be used only

to buy back from a willing license holder a commercial bay or

bait shrimp boat license.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Amended by:

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

570, Sec. 3, eff. September 1, 2007.

Sec. 77.121. PROGRAM ADMINISTRATION; RULES. (a) The executive

director shall establish administrative procedures to carry out

the requirements of this subchapter.

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

administration of the program established under this subchapter.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.122. REPORT TO LEGISLATURE. Not later than January 1,

1999, the department shall report to the governor and each member

of the legislature an overview of the administration and status

of the shrimp license management program, including the

biological, sociological, and economic effects of the program.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

Sec. 77.123. PREVAILING AUTHORITY. A proclamation of the

commission under this subchapter prevails over any conflicting

provision of this chapter to the extent of the conflict.

Added by Acts 1995, 74th Leg., ch. 339, Sec. 1, eff. June 8,

1995.

SUBCHAPTER G. GULF SHRIMP LICENSE MORATORIUM

Sec. 77.151. GULF SHRIMP LICENSE MORATORIUM PROGRAM. The

department shall implement a gulf shrimp license moratorium

program to promote efficiency and economic stability in the gulf

shrimping industry.

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

107, Sec. 3, eff. May 20, 2005.

Sec. 77.152. ISSUANCE AND RENEWAL OF COMMERCIAL GULF SHRIMP BOAT

LICENSES. (a) After August 31, 2005, the department may not

issue or renew a commercial gulf shrimp boat license unless the

person seeking to obtain or renew the license documents to the

satisfaction of the department that the vessel for which the

license is sought:

(1) is owned by the person;

(2) was licensed as a gulf shrimp boat on the day the renewal

was sought or at the end of the licensing period immediately

preceding the period for which the license is sought; and

(3) is intended to be licensed and used as a commercial gulf

shrimp boat.

(b) An applicant for a new or renewed commercial gulf shrimp

boat license for a vessel must submit to the department with the

license application:

(1) the United States Coast Guard certificate of documentation

for the vessel, if the vessel is required by United States Coast

Guard rules to be documented; and

(2) the certificate of number for the vessel as required by

Chapter 31.

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

107, Sec. 3, eff. May 20, 2005.

Sec. 77.153. GULF SHRIMP LICENSE MORATORIUM REVIEW BOARD. (a)

The holders of commercial gulf shrimp boat licenses shall elect a

gulf shrimp license moratorium review board of nine members.

(b) A member of the review board must be a holder of a

commercial gulf shrimp boat license.

reflect the following geographical distribution according to the

county of residence specified on the member's commercial gulf

shrimp boat license:

(1) two members representing Orange, Jefferson, Chambers, and

Harris Counties;

(2) one member representing Galveston County;

(3) two members representing Brazoria and Matagorda Counties;

(4) two members representing Calhoun, Aransas, Nueces, San

Patricio, and Refugio Counties; and

(5) two members representing Kleberg, Cameron, and Willacy

Counties.

(d) The review board shall advise the commission and department

and make recommendations concerning the administrative aspects of

the gulf shrimp license moratorium program, including hardship

and appeal cases concerning eligibility.

(e) The executive director shall adopt procedures for the

election and operation of the review board. The executive

director shall solicit and consider recommendations from the

commercial gulf shrimp boat license holders regarding the

procedures and the continued need for the board.

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

Code.

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

107, Sec. 3, eff. May 20, 2005.

Sec. 77.154. PROGRAM ADMINISTRATION; RULES. (a) The executive

director shall establish administrative procedures to carry out

the requirements of this subchapter.

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

administration of the program established under this subchapter.

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

107, Sec. 3, eff. May 20, 2005.

Sec. 77.155. REPORT OF PROGRAM STATUS. (a) Not later than

January 1, 2010, the department shall report to an advisory

committee appointed by the presiding officer of the commission to

address issues relating to gulf shrimp in this state.

(b) The report under Subsection (a) must include an overview of

the administration and status of the program established under

this subchapter and information concerning the s