Fish and Aquatic Plants (Parks and Wildlife Code: Title 5, Subtitle B, Chapter 66)

PARKS AND WILDLIFE CODE TITLE 5. WILDLIFE AND PLANT CONSERVATION SUBTITLE B. HUNTING AND FISHING CHAPTER 66. FISH AND AQUATIC PLANTS SUBCHAPTER A. PROVISIONS APPLICABLE TO FRESHWATER AND SALTWATER FISHING AND AQUATIC PLANTS Sec.A66.001.AADEFINITIONS. In this chapter: (1)AA"Fresh water" means all lakes, lagoons, rivers, and streams to their mouths, but does not include coastal or tidal water. (2)AA"Prepared feed" means a pelleted ration, 20 percent or more of which consists of plant protein or grain by-products. (3)AA"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.A66.002.AACONSENT 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)AAIn 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.A66.003.AAPLACING 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)AASubsection (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. 1 (c)AARepealed 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. 1256, Sec. 103, eff. Sept. 1, 1997. Sec.A66.004.AATAKING 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)AANo person may manufacture or sell an electricity-producing device designed to shock fish. (c)AAExcept as provided by Subsection (d) of this section, no 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)AAThis 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)AAAn 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 2 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=77 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)AAFor 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.A66.005.AAWILFUL 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.A66.006.AAPOSSESSION 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)AAin port; or (2)AAin a marked channel and the vessel is going directly to or from public water in this state where the use of the 3 device is permitted. (b)AANo 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)AAIt 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.AAEXOTIC HARMFUL OR POTENTIALLY HARMFUL FISH AND SHELLFISH. (a)AANo person may import, possess, sell, or place into the public water of this state exotic harmful or potentially harmful fish or shellfish except as authorized by rule or permit issued by the department. (b)AAThe department shall publish a list ofAAexotic fish and exotic shellfish for which a permit under Subsection (a) is required. (c)AAThe department shall make rules to carry out this section. (c-1)AAThe commission by rule shall waive the initial and renewal fees for an exotic species permit if the permit or permit renewal is requested by a public school to establish and maintain an educational program that will give students experience with a sustainable system of agriculture that mixes aquaculture and hydroponics.AATo qualify for the fee waiver, the school must submit an application to the department showing that the school ’s program 4 meets the department ’s requirements, including requirements for supervision, handling of the exotic species, and control of wastes. (d)AAA fish farmer may import, possess, or sell harmful or potentially harmful exotic fish species as provided by Section 134.020, Agriculture Code. (e)AAIn this section: (1)AA "Exotic fish" means a nonindigenous fish that is not normally found in the public water of this state. (2)AA"Exotic shellfish" means a nonindigenous shellfish that is not normally found in the public water of this state. (3)AA"Public water" has the meaning assigned by Section 66.015. (f)AAA 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)AAThe commission may adopt rules to control a disease or agent of disease transmission that: (1)AAmay affect penaeid shrimp species; and (2)AAhas the potential to affect cultured species or other aquatic species. (h)AAIf 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)AAThe department may coordinate with the Texas Animal Health Commission regarding testing for diseases. (j)AAExcept 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 Commission on Environmental Quality. (k)AAEven if under quarantine condition, an aquaculture facility shall discharge wastewater or another substance as 5 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=AG&Value=134.020 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.015 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 Commission on Environmental Quality. (l)AAOn receiving notice from an owner of the observance of manifestations of disease, the department shall immediately: (1)AAnotify the Department of Agriculture, the Texas Commission on Environmental Quality, and the Texas Animal Health Commission; and (2)AAadvise the Department of Agriculture, the Texas Commission on Environmental Quality, and the Texas Animal Health Commission regarding the appropriate action to be taken. (m)AAA water transfer described by this subsection is not a violation of this section.AAThe department may not require a permit under this section for a water transfer described by this subsection.AAThis subsection applies to a water transfer by a district or authority created under Section 59, Article XVI, Texas Constitution, that: (1)AAis initially conveyed by a water intake structure that is: (A)AAshared by at least two districts or authorities; and (B)AAlocated on a reservoir situated on the boundary of this state and another state; (2)AAuses a closed conveyance system approved by the United States Army Corps of Engineers in accordance with an invasive species management plan approved by the United States Army Corps of Engineers; and (3)AAcontributes to a water supply that serves at least 1.5 million people, all of whom reside in an area that: (A)AAborders another state; (B)AAcontains at least 10 contiguous counties; (C)AAcontains at least one county with a population of more than one million; and (D)AAis adjacent to a county with a population of more than one million. (n)AAA water transfer described by this subsection is not a 6 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=CN&Value=16.59 violation of this section.AAThe department may not require a permit under this section for a water transfer described by this subsection.AAThis subsection applies to a water transfer that meets the following criteria: (1)AAthe transfer is through a water supply system, including a related water conveyance, storage, or distribution facility; (2)AAthe transfer is undertaken by a utility owned by a political subdivision, including a water district or municipality; and (3)AAthe transfer is described by one or more of the following: (A)AAa transfer from a water body in which there is no known exotic harmful or potentially harmful fish or shellfish population; (B)AAa transfer of water into a water body in which there is a known exotic harmful or potentially harmful fish or shellfish population; (C)AAa transfer of water directly to a water treatment facility; (D)AAa transfer of water that has been treated prior to the transfer into a water body; or (E)AAa transfer of water from a reservoir or through a dam to address flood control or to meet water supply requirements or environmental flow purposes, provided that a person making a transfer of water described by this paragraph from a body of water in which there is a known exotic harmful or potentially harmful fish or shellfish population notifies the department annually in writing before the proposed transfer occurs. (o)AARepealed by Acts 2011, 82nd Leg., R.S., Ch. 661, Sec. 8, eff. June 17, 2011. (p)AARepealed by Acts 2011, 82nd Leg., R.S., Ch. 661, Sec. 8, eff. June 17, 2011. (q)AARepealed by Acts 2011, 82nd Leg., R.S., Ch. 661, Sec. 8, eff. June 17, 2011. (r)AARepealed by Acts 2011, 82nd Leg., R.S., Ch. 661, Sec. 8, eff. June 17, 2011. 7 (s)AARepealed by Acts 2011, 82nd Leg., R.S., Ch. 661, Sec. 8, eff. June 17, 2011. 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 (H.B. 3391), Sec. 14, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 3, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 4, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 8, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 163 (S.B. 1212), Sec. 1, eff. May 24, 2013. Acts 2015, 84th Leg., R.S., Ch. 259 (S.B. 1204), Sec. 2, eff. May 29, 2015. Acts 2015, 84th Leg., R.S., Ch. 1048 (H.B. 1919), Sec. 1, eff. June 19, 2015. Sec. 66.0071.AAREMOVAL OF HARMFUL AQUATIC PLANTS.AAOn leaving any public or private body of water in this state, a person shall immediately remove and lawfully dispose of any exotic aquatic plant on the list of prohibited plants adopted under Section 66.0072 that is clinging or attached to the person ’s: (1)AAvessel or watercraft; or (2)AAtrailer, motor vehicle, or other mobile device used to transport or launch a vessel or watercraft. Added by Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 27, eff. June 18, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 15, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 5, eff. 8 http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB03391F.HTM http://www.legis.state.tx.us/tlodocs/82R/billtext/html/SB01480F.HTM http://www.legis.state.tx.us/tlodocs/82R/billtext/html/SB01480F.HTM http://www.legis.state.tx.us/tlodocs/82R/billtext/html/SB01480F.HTM http://www.legis.state.tx.us/tlodocs/83R/billtext/html/SB01212F.HTM http://www.legis.state.tx.us/tlodocs/84R/billtext/html/SB01204F.HTM http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01919F.HTM http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.0072 http://www.legis.state.tx.us/tlodocs/79R/billtext/html/HB02026F.HTM http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB03391F.HTM http://www.legis.state.tx.us/tlodocs/82R/billtext/html/SB01480F.HTM June 17, 2011. Sec. 66.0072.AAEXOTIC HARMFUL OR POTENTIALLY HARMFUL AQUATIC PLANTS. (a)AAIn this section: (1)AA"Exotic aquatic plant" means a nonindigenous aquatic plant that is not normally found in the public water of this state. (2)AA"Public water" has the meaning assigned by Section 66.015. (b)AAA person may not import, possess, sell, or place into the public water of this state an exotic harmful or potentially harmful aquatic plant except as authorized by commission rule or a permit issued by the department. (c)AAThe commission by rule shall adopt a list of exotic aquatic plants that may not be imported into or possessed in this state without a permit. (d)AAThe commission may enact an emergency rule as provided by Chapter 2001, Government Code, to add an exotic aquatic plant to the list of prohibited plants if the plant is determined to be harmful or potentially harmful. (e)AAThis section does not apply to any microalgae imported, possessed, used, or sold for biofuel, academic, or research and development purposes.AAThe department shall consult with the Department of Agriculture as necessary to administer this section and may not adopt rules or permits for microalgae imported, possessed, used, or sold for biofuel, academic, or research and development purposes without written approval from the Department of Agriculture of the rules or permits. (f)AAThe commission shall adopt rules to implement this section. (g)AAA water transfer described by this subsection is not a violation of this section.AAThe department may not require a permit under this section for a water transfer described by this subsection.AAThis subsection applies to a water transfer that meets the following criteria: (1)AAthe transfer is through a water supply system, including a related water conveyance, storage, or distribution 9 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.015 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2001 facility; (2)AAthe transfer is undertaken by a utility owned by a political subdivision, including a water district or municipality; and (3)AAthe transfer is described by one or more of the following: (A)AAa transfer from a water body in which there is no known exotic harmful or potentially harmful aquatic plant population; (B)AAa transfer of water into a water body in which there is a known exotic harmful or potentially harmful aquatic plant population; (C)AAa transfer of water directly to a water treatment facility; (D)AAa transfer of water that has been treated prior to the transfer into a water body; or (E)AAa transfer of water from a reservoir or through a dam to address flood control or to meet water supply requirements or environmental flow purposes, provided that a person making a transfer of water described by this paragraph from a body of water in which there is a known exotic harmful or potentially harmful aquatic plant population notifies the department annually in writing before the proposed transfer occurs. Added by Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 6, eff. June 17, 2011. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1048 (H.B. 1919), Sec. 2, eff. June 19, 2015. Sec. 66.0073. RULES REQUIRING WATER TO BE DRAINED. (a)AAIn this section: (1)AA"Public water" has the meaning assigned by Section 66.015. (2)AA"Salt water" has the meaning assigned by Section 66.001. (3)AA"Vessel" has the meaning assigned by Section 31.003. 10 http://www.legis.state.tx.us/tlodocs/82R/billtext/html/SB01480F.HTM http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01919F.HTM http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.015 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.001 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=31.003 (b)AAThe commission may adopt rules requiring a person leaving or approaching public water to drain from a vessel or portable container on board the vessel any water that has been collected from or has come in contact with public water.AAThis subsection does not apply to salt water. (c)AAWhen promulgating rules described by Subsection (b), the commission shall consider the effects on boaters, anglers, and local interests while maintaining the ability to prevent the spread of harmful or potentially harmful exotic fish, shellfish, and aquatic plants. (d)AAIf the commission adopts rules described by Subsection (b), an authorized employee of the department may inspect a vessel leaving or approaching public water, including any portable containers on board the vessel, for the presence of water.AAThis subsection does not apply to a vessel that is on public water. Added by Acts 2013, 83rd Leg., R.S., Ch. 908 (H.B. 1241), Sec. 1, eff. June 14, 2013. Sec.A66.008.AAFISHING 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)AANo 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. (c)AAThe Texas Department of Transportation shall post 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.A66.009.AANAVIGATION 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. 11 http://www.legis.state.tx.us/tlodocs/83R/billtext/html/HB01241F.HTM http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=WA&Value=63 (b)AAThe 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. (c)AARepealed 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.A66.0091.AAFISHING 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)AANo 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. (c)AANo person may set any net in the mouth of a canal or 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.A66.011.AALEAVING 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.A66.012.AAPENALTIES. (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 12 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=WA&Value=63 subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor. (b)AAA person who violates Section 66.003, 66.004, 66.005, 66.006(c), 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. (c)AAAn offense under Section 66.004, 66.006(c), or 66.015 is a Class A Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted one time of a violation of the same section. (d)AAAn offense under Section 66.004 or 66.015 is a Parks and Wildlife Code felony if it is shown at the trial of a person for the offense that the person has been previously convicted two or more times of a violation of the same section. (e)AAAn offense under Section 66.007, 66.0072, 66.020(f), or 66.020(g) or a proclamation adopted by the commission under those sections is a Class B Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted one time of a violation of the same section. (f)AAAn offense under Section 66.007, 66.0072, 66.020(f), or 66.020(g) or a proclamation adopted by the commission under those sections is a Class A Parks and Wildlife Code misdemeanor if it is shown at the trial of a person for the offense that the person has been previously convicted two or more times of a violation of the same section. 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. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 661 (S.B. 1480), Sec. 7, eff. June 17, 2011. Sec.A66.013.AAFEDERAL GRANTS. Federal grants for research and development of commercial fisheries may be used for individual fishery projects with the approval of the department. 13 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.003 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.004 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.005 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.006 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.009 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.015 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.021 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.0091 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.004 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.006 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.015 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.004 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.015 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.007 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.0072 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.020 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.020 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.007 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.0072 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.020 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.020 http://www.legis.state.tx.us/tlodocs/82R/billtext/html/SB01480F.HTM Added by Acts 1989, 71st Leg., ch. 637, Sec. 10, eff. Sept. 1, 1989. Sec.A66.014.AAIDENTIFICATION 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)AAA person who violates this section commits an offense. An offense under this section is a Class C Parks and Wildlife Code misdemeanor. (c)AA"Aquatic product" means any uncooked, fresh or frozen 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.A66.015.AAINTRODUCTION 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)AANo 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. (c)AAThe department shall establish rules and regulations governing the issuance of permits under this section. (d)AASubsection (b) of this section does not apply to native, 14 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=TN&Value=541.201 nongame fish as defined by the commission, except in waters designated by the commission where threatened or endangered fish are present. (e)AAA 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)AAAn 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.A66.016.AACOMMERCIAL 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)AASubsection (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.A66.017.AALICENSE, 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 15 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=47 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=76 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=77 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=78 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=47 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=76 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=77 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=78 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66 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)AAAll 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.A66.018.AACRAB TRAP TAGS. (a) The department may issue tags for crab traps placed in public water. (b)AAThe commission may make regulations for the safe use of crab traps and to carry out the provisions of this section. (c)AAA crab trap tag issued under this section shall be attached 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)AANo 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)AAThis section shall not apply to persons taking crabs 16 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.020 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=78 from public water for personal use. (f)AAIf 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.A66.019.AASTATISTICAL REPORTS. (a) The department shall gather statistical information on the harvest of aquatic products of this state. (b)AAThe department shall prescribe the method or methods used to gather information and shall produce and distribute any applicable report forms. (c)AAUnless otherwise required by the department, no dealer who 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)AAUnless 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)AAmaintain cash sale tickets in the form required by this section as records of cash sale transactions; or (2)AAmake 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)AAAll cash sale tickets must be maintained at the place of business for at least one year from the date of the sale. (f)AAA cash sale ticket must include: (1)AAthe name of the seller; (2)AAthe general commercial fisherman’s license number 17 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=78 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)AAthe 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)AAthe number of pounds sold by species; (5)AAthe date of sale; (6)AAthe water body or bay system from which the aquatic products were taken; and (7)AAprice paid per pound per species. (g)AAAny 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.A66.020.AASALE 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. 18 (b)AAThis 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)AAthe 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)AAfish 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)AAthe 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. (c)AANotwithstanding Subsection (b)(3) of this section, the 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 19 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=AG&Value=134 cost as determined by the commission that is reasonable to defray the administrative costs incurred in connection with the tag requirement. (d)AAIt 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)AAThe fee for a Texas finfish import license is $50 or an amount set by the commission, whichever amount is more. (f)AAThe 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)AAIt 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)AAA person may purchase at any season of the year fish described by Subsection (a) as provided by this section. (i)AAA 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 20 offense under this subsection is a Class A Parks and Wildlife Code misdemeanor. (j)AAIn 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.A66.021.AAPROTECTED 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)AAfails to keep with the fish a document or documents that verify the place of origin of the fish; or (2)AAfails, 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)AADocuments 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. (c)AATo commit an offense under Subsection (a) of this section, a 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.A66.022.AAPURCHASE 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. 21 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=AG&Value=134 Sec. 66.023.AAFRAUD IN FISHING TOURNAMENTS. (a)AAIn 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 fish caught by the participants or based on any other criteria applicable to the fish caught. (b)AAA person commits an offense if, with intent to affect the outcome of a fishing tournament: (1)AAthe 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)AAthe 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; (3)AAthe 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; (4)AAthe person alters the length or weight of a fish for the purpose of representing that the fish as entered in the tournament was that length or weight when caught; or (5)AAthe person enters a fish in the tournament that was taken in violation of any provision of this code or a proclamation or regulation of the commission adopted under this code. (c)AAA person commits an offense if the person sponsors or 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)AAAn 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. 22 Transferred, redesignated and amended from Parks and Wildlife Code, Section 66.119 by Acts 2011, 82nd Leg., R.S., Ch. 114 (H.B. 1806), Sec. 1, eff. May 21, 2011. Sec. 66.024.AASEAGRASS PLANTS. (a)AAIn this section, "seagrass plant" means a flowering marine plant of the species: (1)AACymodocea filiformis, known as manatee grass; (2)AAHalodule beaudettei or Halodule wrightii, known as shoal grass; (3)AAHalophila engelmannii, known as star grass or Engelmann’s seagrass; (4)AARuppia maritima, known as widgeon grass; or (5)AAThalassia testudinum, known as turtle grass. (b)AAA person may not uproot or dig out any rooted seagrass plant from a bay bottom or other saltwater bottom area in the jurisdiction of this state by means of a propeller, except as that uprooting or digging out may be authorized by a commercial license or permit issued by the department. (c)AAIt is a defense to prosecution under this section that a person: (1)AAanchors a vessel within an area containing seagrass plants and uproots a seagrass plant; (2)AAuses an electric trolling motor within an area containing seagrass plants and uproots a seagrass plant; or (3)AAoperates a vessel in a manner consistent with the acceleration required to reach and stay on plane. (d)AAA person who violates this section or a proclamation of the commission under this section commits an offense that is a Class C Parks and Wildlife Code misdemeanor. Added by Acts 2013, 83rd Leg., R.S., Ch. 1071 (H.B. 3279), Sec. 1, eff. September 1, 2013. SUBCHAPTER B. FRESH WATER FISHING Sec.A66.102.AAPLACING 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 23 http://www.legis.state.tx.us/tlodocs/82R/billtext/html/HB01806F.HTM http://www.legis.state.tx.us/tlodocs/83R/billtext/html/HB03279F.HTM 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.A66.109.AAFISH 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)AAAn 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.A66.110.AASCREENS 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)AAThe department may regulate the manner of installation and the specifications of screens and other obstructions required under this section. (c)AANo person may fail to comply with a direction of the department made in writing under Subsection (a) of this section. (d)AAEach 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. 24 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=12.1105 Sept. 1, 1985. Sec.A66.111.AASALE 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)AAfreshwater 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)AAany other fish taken from the public fresh water of this state. (b)AASubsection (a) of this section does not apply to: (1)AAa fish, other than a bass of the genus Micropterus, reared in private water under a fish farmer ’s license; (2)AAa fish possessed legally outside this state and transported into this state; (3)AAbass 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)AAnongame fish regulated under Chapter 67 of this code; (5)AAchannel 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. (c)AAThe fish shipped into this state must have a bill of lading 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 25 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=67 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.A66.114.AAGAME 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. 66.115.AAHANDFISHING. (a)AAIn this section, "handfishing" means fishing for catfish by the use of hands only and without any other fishing device such as a gaff, pole hook, trap, or spear. (b)AAA person holding the required fishing license and freshwater fishing stamp issued to the person by the department may engage in handfishing in the public fresh water of this state. (c)AAThe commission may adopt rules related to handfishing. Added by Acts 2011, 82nd Leg., R.S., Ch. 309 (H.B. 2189), Sec. 1, eff. June 17, 2011. Sec.A66.121.AAPENALTY. 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. 26 http://www.legis.state.tx.us/tlodocs/82R/billtext/html/HB02189F.HTM http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.109 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.110 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.111 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.115 SUBCHAPTER C. SALTWATER FISHING Sec.A66.2011.AARED 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.A66.2012.AAREGULATION 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)AAIn 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)AAthe availability of redfish and speckled sea trout in the coastal water of this state; (2)AAthe availability of redfish and speckled sea trout from sources other than the coastal water of this state; (3)AAthe economic interests of commercial and sports 27 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.218 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=61 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=61 fishermen and related industries in this state; (4)AAthe research of the department made under Section 66.217 of this code; (5)AAthe protection of redfish and speckled sea trout habitat; and (6)AAthe degree of compliance with state law and previous regulations of the commission by fishermen and fish dealers in this state. (c)AAA proclamation issued under Subsection (a) of this section 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)AAA 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)AAThis 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)AAA 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.A66.204.AAVESSELS 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 28 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.217 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.020 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.020 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.2011 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.218 bay. (b)AANo 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. (c)AAThis section does not restrict the power of the United States to regulate navigation. (d)AARepealed 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.A66.206.AATROTLINE TAGS. (a) The department shall issue numbered tags for trotlines used in public salt water. (b)AAThe commission may make regulations for the safe use of trotlines and to carry out the provisions of this section. (c)AAA trotline tag shall be attached to each 300 feet of 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)AANo person may use a trotline in public salt water unless the trotline has attached to it the proper number of trotline tags. (e)AAThis section does not apply to a person fishing trotlines under a commercial finfish fisherman ’s license. (f)AARepealed 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. 29 10, eff. Sept. 1, 2000. Sec.A66.208.AACOMMERCIAL 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)AANo 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. (c)AANo person may purchase seafood with the knowledge that it is sold in violation of Subsection (a) or (b) of this section. (d)AARepealed 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.A66.215.AATAGS 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)AAThis 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. (c)AAAuthorized employees of the department may seize a net or 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. 30 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=47 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=12.011 Sec. 66.216.AAPOSSESSION OF HEADED OR TAILED FISH. (a)AANo person may possess a finfish of any species taken from coastal water, except broadbill swordfish, shark, or king mackerel, that has the head removed unless the fish has been finally processed and delivered to the final destination or to a certified wholesale or retail dealer. (b)AANo person may possess a finfish of any species taken from coastal water, except broadbill swordfish or king mackerel, that has the 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. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1254 (H.B. 1579), Sec. 1, eff. July 1, 2016. Sec. 66.2161.AASALE OR PURCHASE OF SHARK FINS. (a) In this section: (1)AA"Shark" means any species of the subclass Elasmobranchii. (2)AA"Shark fin" means the fresh and uncooked, or cooked, frozen, dried, or otherwise processed, detached fin or tail of a shark. (b)AAA person may not 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 a shark fin regardless of where the shark was taken or caught. (c)AAA 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, barter, or exchange a shark carcass that retains all of its fins naturally attached to the carcass through some portion of uncut skin. (d)AANotwithstanding Subsection (b), the department may issue a permit for the possession, transport, sale, or purchase of 31 http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01579F.HTM shark fins for a bona fide scientific research purpose. (e)AAWhen a person is charged with violating this section, the warden or other peace officer shall seize and hold the shark fin as evidence. Notwithstanding Section 12.109, on a final court ruling, the department shall destroy the shark fin. (f)AAA person may possess a shark fin if: (1)AAthe person holds the appropriate state or federal license or permit authorizing the taking or landing of a shark for recreational or commercial purposes; (2)AAthe shark fin is taken from a shark that the person has taken or landed; and (3)AAthe shark fin is taken in a manner consistent with the person’s license. Added by Acts 2015, 84th Leg., R.S., Ch. 1254 (H.B. 1579), Sec. 2, eff. July 1, 2016. Sec.A66.217.AAFINFISH RESEARCH. (a) The department shall conduct continuous research and study of: (1)AAthe supply, economic value, environment, and breeding habits of the various species of finfish, including red drum and speckled sea trout; (2)AAfactors affecting the increase or decrease of finfish supply; (3)AAthe use of trawls, nets, and other devices for the taking of finfish; (4)AAthe effect on finfish of industrial and other types of water pollution in areas naturally frequented by finfish; and (5)AAstatistical information gathered by the department on the marketing, harvesting, processing, and catching of finfish landed in this state. (b)AAThe department shall make findings based on the research required by Subsection (a) of this section. (c)AAThe findings shall be filed in the permanent records of the 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. 32 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=12.109 http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01579F.HTM 28, 1995. Sec.A66.218.AAPENALTIES. (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)AAIf 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. (c)AAA person who violates Section 66.2161 or a proclamation adopted under that section commits an offense that is a Class B Parks and Wildlife Code misdemeanor. (d)AAIf it is shown at the trial for a violation of Section 66.2161 or a proclamation adopted under that section that the defendant has been convicted within five years before the trial date of a violation of that section, 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. 74, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 723, Sec. 15, eff. Sept. 1, 1991. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1254 (H.B. 1579), Sec. 3, eff. July 1, 2016. SUBCHAPTER D. TEXAS TERRITORIAL WATER Sec.A66.301.AADEFINITION. 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.A66.303.AAPROHIBITED ACTS. No unlicensed alien vessel may take or attempt to take by any means or possess any natural 33 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.2011 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.2012 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.208 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.2161 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.2161 http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01579F.HTM 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.A66.304.AAPORT 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.A66.305.AAHARBOR 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.A66.306.AAENFORCEMENT. 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 34 operating in violation or probable violation of this subchapter. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Sec.A66.307.AAPOLITICAL 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.A66.308.AAPENALTY. 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. 35 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PW&Value=66.303