CHAPTER 78. MUSSELS, CLAMS, AND CRABS

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-78-mussels-clams-and-crabs

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE D. CRUSTACEANS AND MOLLUSKS

CHAPTER 78. MUSSELS, CLAMS, AND CRABS

SUBCHAPTER A. MUSSELS AND CLAMS

Sec. 78.001. DEFINITIONS. In this chapter:

(1) "Commercial purposes" includes sale, barter, or exchange, or

any other commercial use.

(2) "Mussels and clams" includes all freshwater and marine

bivalve mollusks except species covered under other chapters of

this code.

(3) "Nonresident" has the meaning assigned under Section 47.001

of this code.

(4) "Soft tissue" means mussel and clam body parts, exclusive of

the shell, and pearls.

(5) "Resident" has the meaning assigned under Section 47.001 of

this code.

Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1,

1993.

Sec. 78.002. LICENSE REQUIRED; FEES. (a) No person may take

any mussels, clams, or their shells from the public water of the

state for commercial purposes without a resident or nonresident

commercial mussel and clam fisherman's license.

(b) The license form shall be prescribed by the department and

shall designate the water in which the licensee may operate. All

licenses issued under the authority of Chapter 78 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.

fisherman's license is $30 or an amount set by the commission,

whichever amount is more.

(d) The license fee for a nonresident commercial mussel and clam

fisherman's license is $800 or an amount set by the commission,

whichever amount is more.

(e) The department may grant permission to use a dredge in a

designated area for an additional fee of $30 or an amount set by

the commission, whichever amount is more.

(f) Repealed by Acts 1995, 74th Leg., ch. 931, Sec. 80, eff.

June 16, 1995.

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

1975. Renumbered from Sec. 71.001 and 71.002 and amended by Acts

1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993. Amended by

Acts 1995, 74th Leg., ch. 931, Sec. 76, 80, eff. June 16, 1995.

Sec. 78.003. SHELL BUYER LICENSE. (a) No person may purchase

for commercial use mussel or clam shells that have been taken

from the public water of the state without a resident or

nonresident shell buyer's license, except as allowed under

Section 78.005 of this code.

(b) The license form shall be prescribed by the department.

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

(d) The license fee for a nonresident shell buyer's license is

$1,500 or an amount set by the commission, whichever amount is

more.

(e) The holder of a shell buyer's license shall file with the

department a report of activities performed under the license in

a form and manner specified by the department.

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

1975. Amended by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 931, Sec. 77, eff. June

16, 1995.

Sec. 78.004. EXPORT FEE. The commission may charge a fee of

three cents a pound or an amount set by the commission, whichever

amount is more, for mussels or clams or mussel or clam shells

that are harvested from the public water of the state for export.

Funds collected from shell export fees may be used only for

research and mitigation and management activities associated with

mussels and clams.

Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1,

1993.

Sec. 78.005. EXEMPTION FOR PERSONAL USE AND CONSUMPTION. A

person who possesses a valid fishing license or who is a resident

and is exempt from licensing requirements under Section 46.002 of

this code may take or harvest from the public water of the state,

for personal use and consumption only, not more than 25 pounds a

day of whole mussels and clams, including shell and soft tissue,

or 12 pounds a day of mussel and clam shells.

Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1,

1993.

Sec. 78.006. REGULATION OF TAKING, POSSESSION, PURCHASE, AND

SALE OF MUSSELS AND CLAMS. (a) The commission by proclamation

may regulate the taking, possession, purchase, and sale of

mussels and clams. 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 the depletion of mussels and clams;

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

(3) measures to manage mussels and clams;

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

avoid unnecessary duplication in their administration; and

(5) measures that will enhance enforcement.

may limit the quantity and size of mussels and clams that may be

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

places, conditions, and means and manner of taking mussels and

clams.

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

over a proclamation of the commission issued under Chapter 61 of

this code.

(e) A proclamation of the commission under this section does not

prevail over:

(1) an order, rule, or regulation adopted by the commissioner of

health; or

(2) a proclamation of the commission issued under Chapter 66 of

this code.

Added by Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1,

1993.

Sec. 78.007. UNLAWFUL ACTS. A person who violates the

provisions of this chapter commits a Class C Parks and Wildlife

Code misdemeanor.

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

1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 88,

eff. Sept. 1, 1985. Renumbered from Sec. 78.004 and amended by

Acts 1993, 73rd Leg., ch. 741, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER B. CRAB LICENSE MANAGEMENT

Sec. 78.101. CRAB LICENSE MANAGEMENT PROGRAM. To promote

efficiency and economic stability in the crabbing industry and to

conserve economically important crab resources, the department

shall implement a crab license management program in accordance

with proclamations adopted by the commission under Chapter 61 and

this subchapter.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.102. DEFINITIONS. In this subchapter:

(1) "Crab" means all species in the families Portunidae and

Xanthidae.

(2) "Commercial crab fishing" means pursuing, taking, attempting

to take, or landing crabs in this state for pay or for the

purpose of sale, barter, or exchange.

(3) "License" means a commercial license issued in accordance

with a proclamation under this subchapter that authorizes

commercial crab fishing or the operation of a commercial crab

boat.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.103. CRAB LICENSE MANAGEMENT REVIEW BOARD. (a) The

license holders under this chapter shall elect a crab license

management review board with an odd number of members greater

than four and fewer than 12.

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

this subchapter or a wholesale fish dealer as defined by Section

47.001 with knowledge of the commercial crab fishing industry.

residents of the same county.

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

and make recommendations concerning the administrative aspects of

the crab licensing program, including the definition of flagrant

offenses, and hardship appeal cases concerning eligibility,

license transfer, license renewal, license suspension, and

license revocation.

(e) The executive director shall adopt procedures for

determining the size and operations of the review board and the

election and terms of board members. The executive director shall

solicit and consider recommendations regarding these procedures

from persons who purchased crab trap tags after September 1,

1995, and before August 31, 1996, or from holders of licenses

issued under this subchapter.

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

Statutes.

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

a per diem allowance.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.104. LICENSING. (a) If the commission adopts one or

more licenses to be issued under this subchapter, a person may

not engage in commercial crab fishing without a license adopted

by the commission. If the commission adopts a commercial crab

boat license to be issued under this subchapter, a person may not

operate a boat for the purpose of commercial crab fishing without

having a boat license as prescribed by the commission.

(b) A proclamation under this section requiring a license must

contain findings by the commission that support the need for the

proclamation. In determining the need for a license requirement,

the commission shall consider:

(1) measures to prevent waste or depletion of crabs while

achieving, on a continuing basis, the optimum yield for the

fishery;

(2) the best scientific information available;

(3) the effect a licensing program would have on the management

of crabs throughout the jurisdictional range;

(4) the need to promote, where practicable, efficiency in using

crabs; and

(5) the need to enhance enforcement.

(1) establish a license that is issued to a person, to a person

and limited to a vessel, or to a person according to the

equipment used in commercial crab fishing, including issuing tags

for crab traps placed in public waters under Section 66.018;

(2) establish eligibility requirements for a license, including

the use of historical participation in the industry or

participation in the industry after August 31, 1995, and before

November 14, 1996;

(3) establish requirements for license transfer;

(4) prohibit license transfer during certain time periods; and

(5) establish a lottery or an auction for issuing licenses.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.105. LICENSE FEE. The fee for a license is $500, or an

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

generated by the issuance of a license under this subchapter are

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

game, fish, and water safety account.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.106. LICENSE RENEWAL. A person seeking to renew a

license established by this subchapter must have held the license

during the preceding license year.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.107. LIMIT ON NUMBER OF LICENSES HELD. (a) A person

may not hold or directly or indirectly control more than three

licenses issued under this subchapter other than an equipment

license.

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

designate an individual in whose name the license will be issued.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.108. EXPIRATION OF LICENSE. A license required by this

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

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

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

by the commission.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.109. LICENSE TRANSFER. (a) The commission by rule may

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

may not exceed the amount of the license fee.

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

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

water safety account.

transferred beginning not later than September 1, 2001. The

commission shall annually review the decision regarding license

transfer.

(d) Notwithstanding Subsection (c), a license may be transferred

at any time to an heir or devisee of a deceased license holder,

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 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.110. LICENSE SUSPENSION AND REVOCATION. (a) The

executive director, after notice to a license holder and the

opportunity for a hearing, may suspend or revoke a license if the

license holder or any other operator of a licensed vessel is

shown to have been convicted of one or more flagrant offenses

defined by a proclamation of the commission during a period

described by the proclamation of the commission.

(b) A license suspension does not affect the license holder's

eligibility to renew the license after the suspension expires.

one suspension under this section.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.111. LICENSE BUYBACK. (a) The department may implement

a license buyback program as part of the crab license management

program established by this subchapter.

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

reasonable classifications, by which the department selects

licenses to be purchased. The commission may delegate to the

executive director, for purposes of this section only, the

authority to develop the criteria through rulemaking procedures,

but the commission by order must finally adopt the rules

establishing the criteria. The commission or executive director

must consult with the crab license management review board

concerning establishment of the criteria.

license buyback program until the commission finds that

management of the crab fishery allows reissue of those licenses

through auction or lottery.

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

fee from commercial crab licenses and transfer fees to be used

only for the purpose of buying back commercial crab licenses from

a willing license holder. That money shall be sent to the

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

water safety account.

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

materials from private or public sources for the purpose of

buying back commercial crab licenses from a willing license

holder and shall send the accepted money or material to the

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

water safety account to be used only for the purpose of buying

back commercial crab licenses from a willing license holder.

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

crab licenses is not subject to Section 403.095, Government Code.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.112. 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 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.113. DISPOSITION OF FUNDS. Money received for a license

issued under this subchapter or fines for violations of this

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

the month following the date of collection.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.114. PROCLAMATION; PROCEDURES. Subchapter D, Chapter

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

proclamations under this subchapter.

Added by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1,

1997.

Sec. 78.115. CRAB TRAPS; REMOVAL OF ABANDONED TRAPS. (a) In

this section, "abandoned crab trap" means a crab trap located in

the public water of this state that is designated as abandoned by

the commission beginning on the first day of a closed season

established by the commission under this section.

(b) The commission may establish a closed season for the use of

crab traps in the public water of this state. The commission by

rule shall designate the closed season as not less than 10 days

or more than 30 days between January 31 and April 1 in years

designated by the commission.

disposal of abandoned crab traps as necessary to enhance:

(1) enforcement of this chapter;

(2) the cleanliness of the beds and bottoms of the public water

of this state;

(3) boating safety; and

(4) the conservation and management of crab resources.

(d) Abandoned crab traps are litter for purposes of Section

365.011, Health and Safety Code, and are subject to immediate

removal and disposal. An abandoned crab trap must be disposed of

in compliance with the Health and Safety Code. Section 12.1105

does not apply to the removal and disposal of an abandoned crab

trap under this section.

(e) A proclamation made by the commission under this section

prevails over a conflicting commission proclamation made under

Chapter 47, 61, or 66.

Added by Acts 2001, 77th Leg., ch. 278, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 858, Sec. 1, eff. June

20, 2003.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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