Regulations Committee

Wednesday, 9:00 a.m., May 31, 2000

Commission Hearing Room
4200 Smith School Road
Austin, TX 78744
Item
No.
Subject Public Hearing
Agenda Item No.
  Approval of the Committee Minutes from the previous meeting.  
  Summary of Minutes  
1. Chairman's Charges (Oral Presentation) Committee Only
2. 2000-2001 Migratory Game Bird Proclamation
Staff: Vernon Bevill
2
3. Threatened and Endangered Species
Staff: John Herron
Committee Only
4. MLD/TTT Workgroup Update
Staff: Bob Cook
10
5. Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants
Staff: Joedy Gray
7
6. Proposed 2000-2001 Shrimp Management Proclamation
Staff: Hal Osburn
Committee Only
7. Other Business  

Summary of Minutes
Texas Parks and Wildlife Commission
Regulations Committee
April 5, 2000

BE IT REMEMBERED that heretofore on the 5th day of April 2000, there came to be heard matters under the regulatory authority of the Parks and Wildlife Commission of Texas, in the Commission hearing room of the Texas Parks and Wildlife Headquarters complex, Austin, Travis County, Texas beginning at 9:07 a.m., to wit:

I. COMMISSION ATTENDANCE

THE PARKS AND WILDLIFE DEPARTMENT:

Andrew H. Sansom, Executive Director, and other personnel of the Parks and Wildlife Department.

II. OPENING STATEMENT: Mr. Andrew Sansom, Executive Director, read the opening statement into the record.

III. APPROVAL OF MINUTES: Commissioner Idsal began the proceedings by entertaining a motion by Commissioner Dinkins to approve the minutes of the January 19, 2000 meeting of the Regulations Committee. The motion was seconded by Commissioner Watson and passed unanimously.

IV. THE FOLLOWING ITEMS WERE PRESENTED TO THE COMMITTEE FOR CONSIDERATION:

1. BRIEFING - Chairman's Charges

Presenter: Andrew Sansom

Commissioner Idsal recognized Executive Director Andrew Sansom, who briefed the Committee on the Chairman's Charges. Mr. Sansom stated the Department had drafted a report to the Sunset Commission, composed of legislators and public members. A public release of the report was scheduled for April 15th. The Sunset Committee was very impressed with the report. Mr. Sansom stated that the Department has reviewed and reformed the advisory committee system, putting all advisory members on standardized terms, appointments have been unified, and guidelines developed for committee management.

2. ACTION ITEM - 2000-2001 Statewide Hunting and Fishing Proclamation

Presenters - Phil Durocher, Hal Osburn, Jerry Cooke, and Dr. Gary Graham

Inland Fisheries

Commissioner Idsal next recognized Phil Durocher, Director of the Inland Fisheries Division, to present the freshwater fishing regulation proposals. Mr. Durocher stated that all of the proposed regulation changes for 2000-2001 concerned black basses. The first would remove the current 12-inch minimum length limit for spotted and Guadalupe bass. Most populations contain few individuals that are larger than 12 inches. The five fish bag limit should adequately protect most populations. For largemouth bass, Lake Jacksonville, and lakes in Cleburne State and Meridian State Parks, are proposed to have their limits changed from the current 14-inch length limit to an 18-inch minimum length limit. The objective at all these lakes is to improve angling quality. Three lakes were proposed for changes in the current 14-inch limit to a 14- to 21-inch slot length limit. The lakes are Buescher State Park Lake, Town Lake, and Lake Austin. All three lakes have high quality bass fisheries that staff wishes to further protect from overharvest. Mr. Durocher summarized public input for these proposed regulation changes. Overall, most comments were in favor of the changes. Commissioner Angelo inquired about the nature of the opposition to the Guadalupe/spotted bass changes. Mr. Durocher responded that most of the concern was for Guadalupe bass. Staff had considered these concerns during development of the proposal and believe no negative impacts will occur.

Two comments were received at public hearings that TPW should do something about excessive cormorants. These birds are under federal migratory waterfowl protection. TPW has representatives on a national taskforce to assess cormorant populations and investigate possible control measures, if needed. One e-mail asked that slot limits for largemouth bass be extended to more reservoirs and another that the minimum length limit for crappie on Wright Patman Reservoir be reduced from 10 inches to 9 or 9.5 inches. Length limits are enacted for specific purposes, and no changes are needed at this time in either of these instances. We have encountered some opposition to the Lake Austin proposal. Most of those opposing the change are bass club members. At the public hearing in Austin, six persons spoke in opposition and none in favor of the regulation change. Based on these comments, staff recommends dropping the Lake Austin proposal. Field staff will continue to monitor the largemouth bass population in Lake Austin to insure angling quality is not negatively impacted.

Coastal Fisheries Division

Hal Osburn, Coastal Fisheries Division Director presented coastal fisheries proposals. These included 1) increasing billfish minimum total lengths to match existing federal rules; and 2) changing shark regulations by reducing the bag limit to 1 fish per person with a minimum total length of 24 inches. Mr. Osburn reported staff received 63 comments about the billfish proposals, 97% of which were in favor of the changes; 117 comments were received regarding the shark proposals, 79% of which were in favor of the changes. Mr. Osburn concluded his presentation indicating that staff recommended no amendments to the proposed rule changes. Commissioner Health related that his daughter recently landed a 180-lb striped marlin. He mentioned a catch-and-release recognition program in that area and asked if Texas had a similar program.

Wildlife

Chairman Bass recognized Dr. Gary Graham, Director of the Wildlife Division, who introduced Jerry Cooke, Director of the Upland Wildlife Ecology Program. Mr. Cooke enumerated the proposed changes affecting the wildlife portion of the Statewide Hunting and Fishing Proclamation and noted the public comment received by the department concerning each, beginning with the opening of an Eastern turkey season in additional counties in East Texas. Mr. Cooke then presented a change to the regulation that currently establishes 23 ‘doe days’ in certain counties, explaining that an alteration of the wording would ensure that the popular Thanksgiving weekend would always be open for either-sex hunting. Mr. Cooke then addressed a proposal to open a nine-day muzzleloader season in certain East Texas counties and a proposal to increase the bag limit, implement a special late season, and close the muzzleloader season in a number of counties in the Edwards Plateau. Commissioner Armstrong-Idsal inquired about mule deer season-lengths in other parts of the state. Commissioner Angelo stated that the exact length of the season wasn’t as important as ensuring that there were at least two weekends included, adding that he would be comfortable with a nine-day season. Mr. Cooke then continued with the staff proposals, including a change to the lawful means in a portion of Henderson County, and then addressed the proposal to alter regulations involving wildlife management plans and the Managed Lands Deer permit system. Mr. Sansom stated that he felt there was some confusion concerning the MLD program, but noted that public comment on the proposed changes had been generally supportive. He added that the department had over 10 million acres under voluntary conservation programs focused on habitat and that he did not want to jeopardize the success of those programs by failing to address legitimate grievances. Mr. Sansom then recommended tabling the proposed regulations concerning the MLD program and proposed the formation of an advisory group to provide additional input to the commission. Commissioner Dinkins agreed with Mr. Sansom, adding that she felt it was essential that habitat continue to be the focus of the program.

Commissioner Angelo moved to approved the hunting and fishing proposals and Commissioner Dinkins seconded it. The motion to forward the proposals to the full Commission was carried unanimously.

3. ACTION ITEM - Proposed Finfish License Limitation Program

Presenters - Paul Hammerschmidt

Commissioner Idsal called for the next item. Mr. Paul Hammerschmidt, Program Director of the Coastal Fisheries Division, presented proposed rules to implement a license limitation system for the Texas commercial finfish fishery. He reported that staff received 53 comments from the public, of which 83% were in favor of the proposals. He also related to the Committee that some industry members had requested staff look at easing current weekend ban requirements for trotlines to incorporate a new National Weather Service category called “small craft take caution”. Mr. Hammerschmidt indicated that staff reviewed weather data provided to the Department by the National Weather Service and found a possible 40% increase in exempted days may occur. Consequently staff recommended further investigation into the issue before the Committee considered any changes in this area. Mr. Hammerschmidt concluded his presentation indicating that staff recommended no amendments to the proposed rule changes. Commissioner Idsal called for a motion. Commissioner Heath moved that this proposal be forwarded to the full commission for consideration of adoption. Commissioner Watson seconded the motion. Vote was unanimous in favor of the motion.

4. BRIEFING ITEM - Shrimp Regulatory Review Initiatives

Presenters - Hal Osburn, Dr. Larry McKinney

Commissioner Idsal recognized Hal Osburn, Director Coastal Fisheries Division who presented an overview of the Division’s 18-month comprehensive review of management and regulations in the Texas shrimp fishery. He reviewed the components of shrimp life history and how they related to human harvest and consumption. He also presented trends in shrimp data and the concerns they evoked among staff. Mr. Osburn briefly discussed where shrimp fisheries had collapsed in various places around the world, and finally indicated that a moderate package of rule changes were appropriate to balance the biological needs with socio-economic considerations.

Commissioner Ryan asked about sea turtle strandings related to bay shrimping. Mr. Osburn indicated there were some strandings, but to a minor extent. Commissioner Ryan asked if more bay licenses than Gulf licenses were bought back under the license buyback program. Mr. Osburn indicated that only bay and bait licenses were part of the program. Commissioner Ryan asked if there was interest from the Gulf fishery for such a program. Mr. Osburn indicated that there has been support from some of the industry leaders. Mr. Sansom added that this is the first time in a while that members of the Gulf fishery have supported such a measure. Commissioner Avila asked if that included Mexico? Mr. Sansom replied that it would be ideal for that to happen. Commissioner Avila asked if the various collapses generated new rules to change fishing activities. Commissioner Idsal asked that the term collapse be defined. Mr. Osburn noted that there could be an economic collapse or a biological collapse. Commissioner Dinkins asked what the trends in bycatch were. Mr. Osburn replied that they generally paralleled trends in effort, and that flounder bycatch is an issue of concern.

Mr. Osburn then introduced Dr. Larry McKinney who presented the proposal to add a surcharge to the saltwater stamp fee. Mr. Sansom recapped the presentation and stated that the proposal would have to go to the Texas Register for public comment, that there will be a sunset provision included in the proposal, and that the results of the public comment will be presented to the Commission in June. He emphasized that this proposal was a serious issue. Commissioner Avila asked if more restrictive shrimp management measures would still be necessary. Dr. McKinney answered in the affirmative indicating that those measures would help in the short term while the increased buy back funds would help in the long term.

5. ACTION - Public Hunting Lands Proclamation and Proposed State Park Hunts

Presenter - Herb Kothmann

The chair recognized Herb Kothmann, director of the public hunting program. Mr. Kothmann began by addressing the staff proposals for changes to the Public Lands Proclamation, including a reduction in the minimum age for supervision of youth hunters and provisions to increase access opportunity on department lands to certain permit holders. Mr. Kothmann then advised the committee that the U.S. Forest Service had requested the withdrawal of a proposal to require all hunters to possess an Annual Public Hunting Permit on U.S. Forest Service Lands until USFS could collect additional public comment. Mr. Kothmann then addressed the remaining proposals, including the creation of an antlerless deer permit for certain lands jointly managed by the department and the U.S. Forest Service, the waiver of certain fees for holders of particular permits, and provisions to prohibit the removal or deposit of soils on department lands. Commissioner Heath asked about the fiscal impacts of the proposals affecting permits. Mr. Kothmann replied that such impacts were expected to be negligible. He then outlined the proposed hunting activities for state parks in 2000-2001. Commissioner Angelo asked about annual demand for permits for drawn hunts. Mr. Kothmann replied that there were approximately 13 applicants for each hunt position. Commissioner Watson asked if more state parks could be added. Mr. Kothmann responded that commission policy was to maximize hunting opportunity on state parks, and that with few exceptions, such was the case at the present time. Commissioner Dinkins commented that there had been complaints of insufficient public notice of park closures on hunt days. Mr. Kothmann stated that he would work with Park Division personnel to remedy the situation. He then reviewed public comment on the proposals. The chair entertained a motion from Commissioner Ryan to forward the proposals to the full commission for adoption. The motion was seconded by Commissioner Avila and passed without opposition.

6. BRIEFING - Triple T Program (Transportation and Importation)

Presenter – Bob Cook

(BRIEFING CANCELED)

7. ACTION - Proposed Exotic Species Rules

Presenter - Joedy Gray

Joedy Gray , Inland Fisheries Division, presented the proposed exotic species rules. Staff proposed amendments to the Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants rules. The amendments were intended to simplify the current permitting and reporting procedures. The proposed amendments will correct the scientific name for several species of penaeid shrimps, provide permits for renewal of prohibited plant species from public waters, allow wasterwater treatment facilities to possess permitted exotic species for water treatment, and require annual reports for persons permitted to possess and sell triploid grass carp. Staff requested approval to publish the proposed amendments in the Texas Register. Commissioner Henry moved and Commissioner Ryan seconded the motion. The motion carried unanimously.

8. ACTION - 2000-2001 Migratory Game Bird Proclamation

Presenters - Dr. Gary Graham and Jay Roberson

Chairperson Idsal called on Dr. Gary Graham to present the agenda action dealing with the Migratory Game Bird Proclamation. Dr. Graham introduced Jay Roberson to present the proposed hunting regulations in Mr. Vernon Bevill's absense due to illness. Mr. Roberson presented four proposed changes. These included a delay in the traditional teal season opening date by 6 days (from Saturday Sept. 9 to Friday Sept. 15), creation of a new north central Texas goose zone to forgo loss of hunting opportunity because of the Special Light Goose Conservation Action concurrent prohibition on dark goose hunting, extension of the duck season closing date in the North and South Zones from the Sunday nearest January 20 (Jan. 21, 2001) to the Sunday nearest January 25 (Jan. 28, 2001), and extension of the area open for sandhill crane hunting along the mid- and lower- Gulf Coast. All other date changes were due to calendar shift and consistent with Commission charges and tradition. Mr. Roberson requested permission to publish these proposed regulations in the Texas Register for the required public comment period prior to adoption of selected sections at the next Commission meeting on June 1. Commissioner Angelo noted increasing white-fronted goose populations in North Central Texas and asked what provisions could be made for an increased daily bag limit. Mr. Roberson responded that the department has proposed rules for white-fronts that provide the maximum season lengths and daily bag limits allowed under federal frameworks consistent with Commission charges. Dr. Graham responded that we would look into white-front population trends and, if warranted, attempt to obtain USFWS approval for increased bag limits.

The chair entertained a motion by Commissioner Watson to publish the proposed 2000-2001 Migratory Game Bird Proclamation in the Texas Register for public comment. The motion was seconded by Commissioner Avila and passed without opposition.

9. OTHER BUSINESS - No other business.

V. ADJOURNMENT – Session ends at 10:55 a.m.


Committee Agenda Item No. 1
Presenter: Andrew Sansom

Regulations Committee
Briefing
Chairman's Charges
May 2000

(This item will be an oral presentation.)


Committee Agenda Item No. 2
Presenter: Vernon Bevill

Regulations Committee
Action
2000-2001 Migratory Game Bird Proclamation
May 2000

(This is Public Hearing Agenda Item No. 2.)


Committee Agenda Item No. 3
Presenter: John Herron

Regulations Committee
Action
Threatened and Endangered Species Regulations
May 2000

I. DISCUSSION: Prior to 1997, Parks and Wildlife Code, Chapter 68 (Endangered Species) contained no provision to prevent the take of endangered species. The provisions of Chapters 67 and 68 originally were codified at Article 913a, Penal Code. Revisions enacted by the Sixty-fourth Texas Legislature in 1975 split Article 913a into the present Chapters 67 and 68; however, no effort was made to ensure that each was able to function fully independently of the other. A consequence of this was that Chapter 68 contained no authority to prevent the take of species of fish or wildlife listed as endangered. In response to this problem, the state list of endangered species in 1996 was modified to include only those species designated by the federal government as endangered. All species that appeared on the state list but not on the federal list were re-designated as state-threatened to afford them more protection against take, because Chapter 67 of the Code authorizes the Commission to establish limitations on the take, possession, propagation, transportation, importation, exportation, sale, and offering for sale of nongame fish and wildlife.

As a result of that action, confusion has arisen concerning persons possessing animals under Endangered Species Propagation permits. ESP permits are established by statute in Chapter 68 of the Code. When state-endangered species were transferred to the protection of Chapter 67, specimens possessed under Endangered Species Propagation permits were grandfathered. Persons who possessed specimens under ESP permits were allowed to continue in possession so long as they renewed their permits at $550 every three years, submitted annual reports, and had facility inspections performed by a licensed veterinarian. Permittees were also prohibited from propagating or acquiring additional specimens. Currently, five individuals are holding black bears under the grandfather clause; there are not other species reported in possession. The problem that has arisen is that a person could move to Texas with the animal and would be under no regulatory obligation other than producing a valid permit from the state of origin.

Staff has concluded that the most effective solution would be simply to eliminate permits, inspections and reporting requirements, and instead allow any person to possess a species listed as threatened or endangered, provided that person can prove the specimen was legally acquired, and in the case of specimens entering Texas, lawfully possessed in the state of origin at the time of transport into this state. This should resolve current concern over the regulation of black bears. Persons possessing threatened or endangered species would be, however, required to permanently tag or mark any specimens, and would be prohibited from propagation except as specifically provided for by Chapter 68 of the Code. Staff has recommended the department continue to prohibit propagation and sale of threatened species, since this is consistent with the protection offered these species by law. There should be no direct impact on collectors and businesses, since TPW rules currently prohibit propagation and sale of all threatened species, except for captive-bred coatimundis and certain raptors.

Staff has also determined that because House Bill 2542, enacted by the 75th Texas Legislature, amended Chapter 68 to prohibit the take, capture, or killing of endangered species, the provisions of 31 TAC §§65.180 and 65.181 are superfluous and may be repealed without any diminution of protections for endangered species. Section 65.180 lists the species declared by the federal government to be endangered, and §65.181 simply reiterates the penalties provided by statute for violations.

The lists of state endangered and threatened species have also been modified to reflect the following changes:

Add the Arkansas River shiner, which was federally listed as threatened in November of 1999, to the state's threatened list.

Add the Cagle's map turtle to the to the state's threatened list of, due to concerns about commercial collection that could threaten the remaining populations. Affording state protection to this species may make federal listing unnecessary.

Add the puzzle sunflower to the state's threatened list, since it was federally listed as threatened in 1999.

Add the Zapata bladderwort to the state's endangered list, due to its federal listing in 1999.

Remove the jaguar from the state's list of threatened species due to it being added to the state's endangered species list in 1998.

Remove the Lloyd's hedgehog cactus from the state's threatened list, due to federal delisting in 1999.

Remove the McKittrick pennyroyal from the state's endangered list due to its federal delisting in 1993 and staff concurrence that the species is now secure at the state level.

Remove the Concho water snake from the state's list of threatened species in accordance with recommendation of staff as well as most consulting experts on the species.

II. RECOMMENDATION: Staff recommends the Regulations Committee adopt the following motion:

“The Regulations Committee of the Texas Parks and Wildlife Commission authorizes staff to publish proposed repeal of 31 TAC §§65.171-65.174; proposed new §§65.171-65.176; the proposed repeal of §65.180 and §65.181, and a proposed amendment to §69.8, concerning Threatened and Endangered Species and Threatened and Endangered Plants, in the Texas Register for public comment.”

Attachment – 1

1. Exhibit A – Proposed Regulations


Committee Agenda Item No. 3
Exhibit A

Threatened and Endangered Species
Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of §§65.171-65.174, 65.180, and 65.181, and new §§65.171-65.176, concerning Threatened and Endangered Species. The repeals and new sections are necessary to reorganize existing provisions, eliminate regulatory inconsistency with respect to threatened and endangered species, to provide for documentation of lawfully held specimens, to remove unnecessary and redundant regulations, and to modify the lists of threatened and endangered species to reflect listing actions taken by the federal government and the executive director concerning the jaguar, the Arkansas River shiner, the Concho water snake, and the Cagle's map turtle . The repeals and new sections will function to provide uniform regulations governing the possession of threatened and endangered species, set forth identification standards, and establish penalties for violations.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed repeals and new sections are in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the proposed rules.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the proposed repeals and new sections are in effect:

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be simpler regulations that are less burdensome to the public while executing the commission’s statutory obligations to manage the wildlife resources of this state.

(B) There will be no effect on microbusinesses or small businesses. There are no economic costs to persons required to comply with the rules as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comments.

Comments on the proposed rules may be submitted to Peggy Horner, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 912-7047 or 1-800-792-1112.

5. Statutory Authority.

The repeals and new sections are proposed under Parks and Wildlife Code, Chapter 67, which give the commission the authority to establish any limitations on the take, possession, propagation, transportation, importation, exportation, sale, and offering for sale of nongame fish and wildlife necessary to manage those species, and Parks and Wildlife Code, Chapter 68, which provides the Commission with the authority to establish regulations governing the capture, trap, take, kill, possession, transportation, exportation, sale, and offering for sale of endangered fish and wildlife.

The repeals new sections affect Parks and Wildlife Code, Chapters 67, and 68.

§65.171. Closed Seasons.

§65.172. Threatened Species.

§65.173. Permit Exceptions.

§65.174. Exceptions.

§65.180. Endangered Species.

§65.181. Penalties.

This agency hereby certifies that the repeals are within the agency's authority to adopt.

Issued in Austin, Texas, on

THREATENED AND ENDANGERED SPECIES PROCLAMATION

§65.171. General Provisions.

(a) Except as otherwise provided in this subchapter or Parks and Wildlife Code, Chapters 67 or 68, no person may:

(1) take, possess, propagate, transport, export, sell or offer for sale, or ship any species of fish or wildlife listed by the department as endangered; or

(2) take, possess, propagate, transport, import, export, sell, or offer for sale any species of fish or wildlife listed in this subchapter as threatened.

(3) sell or propagate for sale any species of fish or wildlife listed by the depeartment as endangered, unless that person also possesses an endangered species propagation permit.

(b) Any person may possess, transport, import, export, sell, or offer for sale goods made from fish or wildlife listed in this subchapter as threatened, provided the person possesses:

(1) a copy of an out-of-state permit authorizing the possession of the goods in the state of origin, valid at the time the goods enters Texas;

(2) a bill of sale identifying the source of the goods; or

(3) a notarized affidavit stating the source of the goods and that the goods were legally obtained.

(c) Any person may possess or transport lawfully obtained live, mounted, or preserved specimens of threatened or endangered species, including specimens acquired in another state, provided the person also possesses one of the forms of documentation described in subsection (b)(1)-(3) of this subsection.

§65.172. Exceptions. Any person may transport threatened or endangered species to the nearest Department of Health, animal control, or veterinary facility if the species poses an immediate threat to human safety or welfare.

§65.173. Special Provisions. No person may release a threatened or endangered species except as specifically provided by the department in a letter of authorization issued prior to release.

§65.174. Permanent Identification. Every specimen possessed under the provisions of this subchapter or the provisions of Parks and Wildlife Code, Chapter 68, shall be permanently tagged, tattooed, banded, or implanted with a passive inductive transponder (PIT) tag containing the owner’s name and telephone number.

§65.175. Threatened Species. A threatened species is any species that the department has determined is likely to become endangered in the future. The following species are hereby designated as threatened species:

Mammals

Bat, Rafinesque’s Big-eared Corynorhinus rafinesquii

Bat, Southern Yellow Lasiurus ega

Bat, Spotted Euderma maculatum

Bear, Black Ursus americanus

Coati, White-nosed Nasua narica

Dolphin, Atlantic Spotted Stenella frontalis

Dolphin, Rough-toothed Steno bredanensis

Margay Felis wiedii (extirpated)

Mouse, Palo Duro Peromyscus truei comanche

Rat, Coues’ Rice Oryzomys couesi

Rat, Texas Kangaroo Dipodomys elator

Whale, Dwarf Sperm Kogia simus

Whale, False Killer Pseudorca crassidens

Whale, Gervais’ Beaked Mesoplodon europaeus

Whale, Goose-beaked Ziphius cavirostris

Whale, Killer Orcinus orca

Whale, Short-finned Pilot Globicephala macrorhynchus

Whale, Pygmy Killer Feresa attenuata

Whale, Pygmy Sperm Kogia breviceps

Birds

Becard, Rose-throated Pachyramphus aglaiae

Eagle, Bald Haliaeetus leucocephalus

Egret, Reddish Egretta rufescens

Falcon, Arctic Peregrine Falco peregrinus tundrius

Hawk, Common Black- Buteogallus anthracinus

Hawk, Gray Buteo nitidus

Hawk, White-tailed Buteo albicaudatus

Hawk, Zone-tailed Buteo albonotatus

Ibis, White-faced Plegadis chihi

Kite, American Swallow-tailed Elanoides forficatus

Owl, Ferruginous Pygmy- Glaucidium brasilianum

Owl, Mexican Spotted Strix occidentalis lucida

Parula, Tropical Parula pitiayumi

Plover, Piping Charadrius melodus

Sparrow, Bachman’s Aimophila aestivalis

Sparrow, Botteri’s Aimophila botterii

Stork, Wood Mycteria americana

Tern, Sooty Sterna fuscata

Tyrannulet, Northern Beardless- Camptostoma imberbe

Reptiles

Gecko, Reticulated Coleonyx reticulatus

Lizard, Reticulate Collared Crotaphytus reticulatus

Lizard, Texas Horned Phrynosoma cornutum

Lizard, Mountain Short-horned Phrynosoma douglasii

Rattlesnake, Timber Crotalus horridus

Snake, Speckled Racer Drymobius margaritiferus

Snake, Northern Cat-eyed Leptodeira septentrionalis

Snake, Scarlet Cemophora coccinea

Snake, Black-striped Coniophanes imperialis

Snake, Indigo Drymarchon corais

Snake, Brazos Water Nerodia harteri

Snake, Smooth Green Liochlorophis vernalis

Snake, Louisiana Pine Pituophis melanoleucus ruthveni

Snake, Big Bend Blackhead Tantilla rubra

Snake, Texas Lyre Trimorphodon biscutatus

Turtle, Cagle's Map Graptemys caglei

Turtle, Chihuahuan Mud Kinosternon hirtipes

Turtle, Alligator Snapping Macroclemys temminckii

Turtle, Green Sea Chelonia mydas

Turtle, Loggerhead Sea Caretta caretta

Tortoise, Texas Gopherus berlandieri

Amphibians

Frog, Sheep Hypopachus variolosus

Frog, White-lipped Leptodactylus labialis

Newt, Black-spotted Notophthalmus meridionalis

Salamander, Blanco Blind Eurycea robusta

Salamander, Cascade Caverns Eurycea latitans

Salamander, San Marcos Eurycea nana

Salamander, Comal Blind Eurycea tridentifera

Siren, South Texas (Large Form) Siren sp.1

Toad, Mexican Burrowing Rhinophrynus dorsalis

Treefrog, Mexican Smilisca baudinii

Fishes

Blindcat, Toothless Trogloglanis pattersoni

Blindcat, Widemouth Satan eurystomus

Chub, Rio Grande Gila pandora

Chubsucker, Creek Erimyzon oblongus

Darter, Blackside Percina maculata

Darter, Rio Grande Etheostoma grahami

Gambusia, Blotched Gambusia senilis (extirpated)

Goby, Blackfin Gobionellus atripinnis

Goby, River Awaous tajasica

Minnow, Devils River Dionda diaboli

Paddlefish Polyodon spathula

Pipefish, Opossum Microphis brachyurus

Pupfish, Concho Cyprinodon eximius

Pupfish, Pecos Cyprinodon pecosensis

Shiner, Arkansas River Notropis girardi

Shiner, Bluntnose Notropis simus (extirpated)

Shiner, Bluehead Notropis hubbsi

Shiner, Chihuahua Notropis chihuahua

Shiner, Proserpine Cyprinella proserpina

Stoneroller, Mexican Campostoma ornatum

Sturgeon, Shovelnose Scaphirhynchus platorynchus

Sucker, Blue Cycleptus elongatus

§65.176. Violations and Penalties. Penalties for violations of this subchapter involving:

(a) the species listed in §65.172 of this title (relating to Threatened Species) are prescribed by Parks and Wildlife Code, Chapter 67; and

(b) species listed in accordance with Parks and Wildlife Code, Chapter 68, are prescribed by Parks and Wildlife Code, Chapter 68.

ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS

PROPOSED PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes the amendment of §69.8, concerning Threatened and Endangered Plants. The amendment: adds the Zapata bladderwort to the list of endangered plants and deletes the Lloyd's hedgehog cactus from the same list, and adds puzzle sunflower to the list of threatened plants while deleting the McKittrick pennyroyal from that list. The amendment is necessary to comply with the provisions of Parks and Wildlife Code, Chapter 88, which requires the department adopt regulations to administer the provisions of that chapter, including publication and distribution of lists of threatened, endangered, or protected plants. The amendment would function by affording statutory protection to the Zapata bladderwort and by removing the Lloyd's hedgehog cactus from the list of endangered plants.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the amendment as proposed is in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the amendment.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the amendment as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing the rule as proposed will be the protection of the state's botanical resources.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rule as proposed.

(C) The department has not filed a local impact statement with the Texas Employment Commission as required by Government Code, §2001.022, as this agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed amendment.

4. Request for Public Comments.

Comments on the proposed rule may be submitted to Peggy Horner, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 912-7047 or 1-800-792-1112.

5. Statutory Authority.

The amendment is proposed under Parks and Wildlife Code, Chapter 88, which requires the commission to adopt regulations to administer the provisions of Chapter 88.

The amendment affects Parks and Wildlife Code, Chapter 88.

§69.8. Endangered and threatened plants.

(a) The following plants are endangered:

Cacti

Tobusch fishhook cactus Ancistrocactus tobuschii

star cactus Astrophytum asterias

Nellie cory cactus Coryphantha minima

Sneed pincushion cactus Coryphantha sneedii var. sneedii

[Lloyd’s hedgehog cactus Echinocereus lloydii]

black lace cactus Echinocereus reichenbachii var. albertii

Davis’ green pitaya Echinocereus viridiflorus var. davisii

Trees, Shrubs, and Subshrubs

Johnston’s frankenia Frankenia johnstonii

Walker’s manioc Manihot walkerae

Texas snowbells Styrax texanus

Wildflowers

large-fruited sand verbena Abronia macrocarpa

South Texas ambrosia Ambrosia cheiranthifolia

Texas ayenia Ayenia limitaris

Texas poppy mallow Callirhoe scabriuscula

Terlingua Creek cat’s-eye Cryptantha crassipes

slender rush-pea Hoffmannseggia tenella

Texas prairie dawn Hymenoxys texana

white bladderpod Lesquerella pallida

Texas trailing phlox Phlox nivalis ssp. texensis

ashy dogweed Thymophylla tephroleuca

Zapata Bladderwort Lesquerella thamnophila

Orchids

Navasota ladies’-tresses Spiranthes parksii

Grasses and Grass-like Plants

Little Aguja pondweed Potamogeton clystocarpus

Texas wild-rice Zizania texana

(b) The following plants are threatened:

Cacti

Bunched cory cactus Coryphantha ramillosa

Chisos Mountains hedgehog cactus Echinocereus chisoensis var. chisoensis

Lloyd’s mariposa cactus Neolloydia mariposensis

Trees, Shrubs, and Subshrubs

Hinckley’s oak Quercus hinckleyi

Wildflowers

[McKittrick pennyroyal Hedeoma apiculatum]

Puzzle Sunflower Helianthus paradoxus

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on


Committee Agenda Item No. 4
Presenter: Bob Cook

Regulations Committee
Action
MLD/TTT Workgroup Update
May 2000

(This is Public Hearing Agenda Item No. 10.)


Committee Agenda Item No. 5
Presenter: Joedy Gray

Regulations Committee
Action
Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants
May 2000

(This is Public Hearing Agenda Item No. 7.)


Committee Agenda Item No. 6
Presenter: Hal Osburn

Regulations Committee
Action
Proposed 2000-2001 Shrimp Management Proclamation
May 2000

I. DISCUSSION: Under the provisions of Parks and Wildlife Code, §77.007 the Commission is granted authority to regulate the catching, possession, purchase, and sale of shrimp.

Coastal Fisheries Division staff recently completed an 18-month comprehensive review of the Texas shrimp fishery. This review documented serious overfishing within the fishery as well as a continuing long-term downward trend in the population of adult spawning shrimp in the Gulf. The National Marine Fisheries Service has concurred with TPW that the shrimp fishery is currently in a state of growth overfishing. This condition occurs when the number of large shrimp landed decreases and at the same time the number of small shrimp landed increases. The reduction in average size is a direct result of more fishing effort, and effort targeting smaller and smaller shrimp. Additionally, other problems manifested in the fishery include excessive bycatch of finfish, invertebrates and sea turtles as well as bottom habitat disturbance and water turbidity.

The TPW management goal is mandated to be a compromise among biological, social, and economic factors. Reducing the overall impact of shrimping on the coastal ecosystem is necessary to achieve optimum benefits from this public resource.

During the April 5, 2000 Regulations Committee meeting, the Commission charged staff to develop a moderate package of shrimping rules for bay, bait, and Gulf shrimpers with an emphasis on better protection of small juvenile and spawning adult shrimp as well as a reduction in bycatch.

Staff will present to the Regulations Committee a suite of proposed regulations concerning harvest of shrimp from Texas bays and the Texas Territorial Sea. In addition, staff will propose increases to selected commercial fishing and business licenses to supplement management and enforcement of commercial fishing in Texas.

At the printing of this briefing document, staff was in the process of reviewing the following proposals with members of industry and other interested constituents. As a result of those discussions staff may present modifications to the proposals as originally drafted.

Original proposed amendments are as follows:

General Shrimping Rules

1. Require the use of bycatch reduction devices (BRDs) in all trawls except commercial bait shrimp trawls and recreational trawls;
2. Require the use of turtle excluder devices (TEDs) in all trawls except those under specified widths and those without mechanical retrieval devices.

Shrimping In Outside Waters (Commercial and Recreational)
1. Establish a Northern Shrimp Zone from Aransas Pass Jetties to Texas-Louisiana Border.
2. The Northern Shrimp Zone will be closed to shrimping at night all year from zero to 10 fathoms.
3. Establish a Southern Shrimp Zone from Aransas Pass Jetties to the Texas-Mexico border.
4. The Southern Shrimp Zone will be closed to shrimping all year, night and day from zero to 10 fathoms.
5. Limit Gulf trawls within the Northern Shrimp Zone (from zero to 5 nautical miles) to a total width of 100 feet, as measured from back of door along the corkline to back of door.
6. Allow no more than 2 trawls to be fished at one time in the Northern Shrimp Zone (from zero to 10 fathoms).
7. Increase the duration of the winter closed season in the Northern Shrimp Zone (from zero to 10 fathoms) by 43 days from the period December 16 through February 1 to the period December 1 through February 28.
8. Increase maximum trawl size requirements for harvesting of seabobs from 25 feet to 34 feet in width as measured between the doors.

Shrimping In Inside Waters (Commercial and Recreational)
1. Increase the amount of nursery area closed to shrimping from a previous total of 12% of the bay waters coastwide to 20%.

Shrimping In Inside Waters (Commercial and Recreational Bait Shrimping)

1. Increase the duration of the baitfish season for commercial bait shrimping by one month from the period June 1 through September 30 to the period May 1 through September 30, and repeal the expiration provision.
2. Divide the season August 15 – March 31 into two bait shrimping periods (August 15 – November 30 and December 1 – March 31).
3. Establish legal bait shrimping hours during the period August 15 – November 30 to be 30 minutes before sunrise to 4:00 p.m.
4. Establish legal bait shrimp hours during the period December 1 – March 31 to be 30 minutes before sunrise to 30 minutes after sunset.
5. Repeal the “50% live” provision for commercial bait shrimp fishing.

Shrimping In Inside Waters (Commercial and Recreational Bay Shrimping)

Spring Open Season

1. Decrease the length of the spring open season by 15 days from May 15 through July 15 to May 15 through June 30
2. Increase the minimum mesh size requirements for commercial bay trawls from 11/3 inches to 1½ inches.
3. Repeal the “no size limit” rule for shrimp caught under a commercial bay shrimping license and establish a minimum count-size limit of 100 heads-on shrimp per pound.

Fall Open Season

1. Decrease the length of the fall open season by 15 days from August 15 through December 15 to August 15 through November 30.
2. Decrease legal shrimping hours for bay shrimping during the entire proposed new fall season from 30 minutes before sunrise - 30 minutes after sunset to 30 minutes before sunrise - 4:00 p.m. (August 15 through November 30).
3. Repeal the mesh size 11/3 inches after October 31 in commercial bay trawls and set the minimum mesh size for entire proposed new fall season at 13/4 inches (August 15 through November 30).
4. Change the bag limit from unlimited poundage to 600-pounds for commercial bay shrimping.
5. Repeal the “no size limit” rule for shrimp caught after October 31 and establish a minimum count-size limit of 50 heads-on shrimp per pound for the entire season.

Winter Open Season

1. Decrease the length of the winter open season by 28 days from February 1 through April 15 to March 1 through April 15.
2. Increase the minimum mesh size requirements for commercial bay trawls from 11/3 inches to 1½ inches.

License Fee Increases

· resident commercial gulf shrimp boat (type 330)—................................. from $275 to $375
· resident commercial bay shrimp boat (type 336)— ................................. from $195 to $290
· resident commercial bait-shrimp boat (type 337)— ................................ from $195 to $290
· nonresident commercial gulf shrimp boat (type 430)— ........................... from $1,025 to $1125
· nonresident commercial bay shrimp boat (type 436)— ........................... from $525 to $625
· nonresident commercial bait-shrimp boat (type 437)— ........................... from $525 to $625
· resident commercial bay shrimp boat license transfer (type 36— ............. from $195 to $290
· resident commercial bait-shrimp boat license transfer (type 367)—.......... from $195 to $290
· nonresident commercial bay shrimp boat license transfer (type 466)—...... from $195 to $290
· nonresident commercial bait-shrimp boat license transfer (type 467)— ......from $195 to $290
· retail fish dealer's (type 302)— ............................................................... from $46 to $70
· retail fish dealer's truck (type 316)— ...................................................... from $86 to $130
· wholesale fish dealer's (type 314)— ....................................................... from $525 to $625
· wholesale fish dealer's truck (type 315)— .............................................. from $325 to $425
· bait shrimp dealer's (type 335)— ........................................................... from $115 to $170

II. RECOMMENDATION: Staff recommends the Regulations Committee adopt the following motion:

"The Regulations Committee of the Texas Parks and Wildlife Commission authorizes staff to publish the proposed amendments in the Texas Register for 30-day public comment period."

Attachments – 2

1. Exhibit A – Proposed 2000-2001 Shrimp Fishery Proclamation Regulation Changes.
2. Exhibit B – Proposed changes to Finance Proclamation


Committee Agenda Item No. 6
Exhibit A

Proposed 2000-2001 Shrimp Fishery Proclamation Regulation Changes

31 TAC Chapter 58. Statewide Shrimp Fishery Proclamation

§58.101 Application

(a) This subchapter applies to the taking, attempting to take, possession, purchase, and sale of shrimp resources in the salt waters of Texas. It carries out the Commission's rulemaking authority granted by the legislature in Parks and Wildlife Code, Chapter 77. The law covering the taking, attempting to take, possession, purchase, and sale of shrimp resources in the salt waters of Texas is set forth in both Parks and Wildlife Code, Chapter 77 and this subchapter whereby the provisions of this subchapter prevail over any conflicting provision of Parks and Wildlife Code, Chapter 77 to the extent of the conflict as set forth in Parks and Wildlife Code, §77.007.

(b) This subchapter also applies to shrimp caught in the Exclusive Economic Zone (EEZ) and landed in this state, under the authority of Parks and Wildlife Code, §47.019(b) (Federal Law also regulates species managed under Federal Fishery Management Plan).

(c) Foreign Shrimp. Provisions of this subchapter prohibiting possession, sale, purchase, unloading, or other handling of shrimp apply to shrimp caught in this state and shrimp coming from another state or country unless specifically provided otherwise.

§58.102 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Aquatic products—Any aquatic life, alive or dead, uncooked, fresh or frozen, which is intended to be used for human consumption or bait.

(2) Accelerator funnel - a device used to accelerate the flow of water through a shrimp trawl.

(3) [(2)] Bait bays—Includes major bays, Chocolate Bay, West Bay south and west of Interstate Highway 45 Causeway bridge and the Gulf Intracoastal Waterway, the Old Brazos River lying north of the Gulf Intracoastal Waterway in Brazoria County, [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 including the Brownsville Ship Channel, and the Gulf Intracoastal Waterway exclusive of all tributaries.

(4) [(3)] Bait-shrimp dealer—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 Parks and Wildlife Code, §47.009.

(5) [(21)] Beam Trawl—A trawl, without wings, the mouth of which is held open by a rigid beam of wood or metal.

(6 ) Bycatch Reduction Device (BRD) - a device installed in the cod end (tail bag) of a shrimp trawl for the purpose of excluding finfish from the net.

(7) Centerline - the seam that runs along the top center of the trawl. In the absence of a seam, the centerline runs from the center point of the length of the head rope to the furthest distance on the top of the cod end of the trawl.

(8) [(4)] Coastal waters—All the salt water of this state (as defined in §65.3 of this title (relating to Definitions)), including that portion of the Gulf of Mexico within the jurisdiction of the state extending nine nautical miles from the Gulf shoreline.

(9) Cod end (Tailbag) - the end of a trawl which acts as the receptacle for shrimp and other organisms caught in the net. It is closed and secured, at the extreme end, with a line.

(10) [(5)] Commercial bait shrimp boat—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 taking or attempting to take shrimp for use as bait and other aquatic products from the inside water of the state for pay or for the purpose of sale, barter, or exchange.

(11) [(6)] Commercial bay shrimp boat—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 taking or attempting to take shrimp and other aquatic products from the inside water of the state for pay or for the purpose of sale, barter, or exchange.

(12) [(7)] Commercial gulf shrimp boat—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 taking or attempting to take shrimp and other 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.

(13) [(8)] Contiguous zone—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) [(9)] Individual bait-shrimp trawl—A trawl used for the purpose of catching shrimp for personal use.

(15) [(10)] Inside waters—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.

(16) [(11)] Major bays—The deeper, major bay areas of the inside water, including Sabine Lake north of Cameron Causeway to the south of a line marked by the Gulf Intracoastal Waterway (Sabine Neches Canal/Sabine river) between the eastern most tip of Goat Island to the western most tip of Stewts Island, Trinity Bay southward from a line extending from the mouth of Double Bayou in Chambers County to Double Bayou Channel Marker 14, to Separator C-2, to Point Barrow, Chambers County, Galveston Bay, East [Galveston] Bay westward from a line extending from the entrance of Robinson Bayou south to the tide gauge at Marsh Point, [West Galveston Bay], Matagorda Bay westward of a line extending from the mouth of Mad Island Cut southward to the mouth of Maverick Bayou on Matagorda Peninsula, [(including] East Matagorda Bay[)], Tres Palacios Bay south of a line from Grassey Point to the mouth of Pinkerton Bayou, Espiritu Santo Bay, Lavaca Bay [seaward] southward of State Highway 35, San Antonio Bay [seaward] southward of a line from McDowell Point to [Grassey] Mosquito Point [to Marker 32 on the Victoria Barge Canal, Ayres Bay, Carlos Bay], Aransas Bay,[Mesquite Bay], and Corpus Christi Bay exclusive of the area bounded by a line extending from the Gulf Intracoastal Waterway at the southwest point of the Dagger Island chain, along Dagger Island to the southeast tip of South Ransom Island, then southeast to the westernmost point of land north of Marker 14 in the Corpus Christi Ship Channel , all exclusive of tributary bays, bayous, and inlets, lakes and rivers.

(17) Northern Shrimp Zone - That area north of the Aransas Pass Jetties in the Texas Territorial Sea that extends north and eastward of a line formed by Latitude 27 49' 46.5" to the Texas - Louisiana border.

(18) [(12)] 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.

(19) [(22)] Otter Trawl—A funnel-shaped trawl, with wings, the mouth of which is held open by floats and weights and spread by trawl doors fastened to the wings.

(20) [(13)] Outside waters—All 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.

(21) [(14)] Permanent structure—A building designed, planned, and constructed so as to remain at one location.

(22) [(15)] Place of business—A permanent structure on the mainland or a barrier island where aquatic products or orders for aquatic products are received, or where aquatic products are sold or purchased, but does not include a vehicle, a boat, or any type of floating device, a public cold storage vault, or the portion of a structure that is used as a residence.

(23) [(16)] Possess—The act of having in possession or control, keeping, detaining, restraining or holding.

(24) [(17)] Second offense and third and subsequent offenses—Offenses for which convictions have been obtained within three years prior to the date of the offense charged.

(25) [(18)] Shrimping—The taking or attempting to take shrimp from the public waters of this state.

(26) [(19)] Shrimp house operator—A person who operates a shrimp house, plant, or other establishment for compensation or profit for the purpose of unloading and handling, from commercial gulf shrimp boats or commercial bay shrimp boats, fresh shrimp and other edible aquatic products caught or taken from the coastal water of the state or from salt water outside the state and brought into the state without having been previously unloaded in another state or foreign country, but does not include a person holding a wholesale fish dealer's license under Parks and Wildlife Code, §47.009.

(27) Southern Shrimp Zone-That area in the Texas Territorial Sea from a line formed by Latitude 27 49' 46.5" at the Aransas Pass Jetties southward to the Texas - Mexico border.

(28) Tailbag (Cod end) - that portion of the trawl at which the trawl body taper ends and the straight extension begins, extending to the terminal end of the trawl.

(29) [(20)] Trawl—A beam trawl or otter trawl with a bag-shaped net which is used to catch shrimp

(30) Turtle Excluder Device (TED) - a device designed to be installed in a shrimp trawl forward of the cod end (tail bag) for the purpose of excluding sea turtles from the net.

§58.103 Shrimp Management Plan. No Change

(a) The Shrimp Fishery Management Plan and the Economic Impact Analysis are adopted by reference.

(b) Copies may be obtained at the Texas Parks and Wildlife Department offices at 4200 Smith School Road, Austin, Texas 78744.

§58.104. Penalty and Responsibility

A person who violates a provision of this subchapter is subject to penalties and provisions as authorized by Parks and Wildlife Code, Chapter 77.

§58.130 Shrimp License Buyback Program

(a) Delegation of Authority. The commission delegates power and authority to the executive director to administer the Shrimp License Buyback Program.

(b) License Buyback Bid Application Period.

(1) The department will open one or more license buyback bid offer application periods (hereafter referred to as application) per license year if available funds permit.

(2) The department shall establish during each application period a deadline for receipt of all applications.

(c) License Buyback Application Requirements.

(1) The department shall consider all applications to the Shrimp License Buyback Program provided the applicants meet the following requirements:

(A) A completed License Buyback Application form furnished by the department has been submitted to the department by the application deadline;

(B) The applicant is the owner of the license submitted for buyback; and

(C) The applicant has submitted to the department copies of all supplemental information as required in this subsection.

(2) A completed License Buyback Application shall contain:

(A) full name of the applicant;

(B) current address of applicant's residence;

(C) social security number of applicant;

(D) a copy of legal documentation that:

(i) documents applicant as the sole owner of the vessel and holds the sole rights and privileges to the license; or

(ii) documents that all members of a partnership or corporation are in agreement to apply to the license buyback program and the submitted bid offer for license buyback;

(E) USCG vessel documentation number or State of Texas registration number;

(F) a copy of current commercial bay and/or bait shrimp boat license; and

(G) the applicant's bid offer, in U.S. dollars.

(3) Department records will be used to verify all information supplied by or pertaining to the applicant's history in the shrimp fishery or will be used in cases where the applicant has not provided adequate information for proper consideration of the application.

(4) Applications received after the established application deadline shall be held for consideration during the next bid offer application period.

(d) Established Maximum Value Criteria.

(1) The department may establish each license year criteria which will be used as appropriate to assign an Established Maximum Value to each application.

(2) The department will assign an Established Maximum Value to each application according to criteria provided in this section.

(3) The Established Maximum Value for each application will be based on the following criteria:

(A) length of vessel;

(B) duration of license in fishery prior to enactment of Parks and Wildlife Code, §§77.117-77.123;

(C) amount of funds accumulated in the Shrimp License Buyback Account;

(D) number of bay and bait licenses in the fishery issued in the license year of the specific bid offer application period;

(E) bid offers from previous application periods;

(F) established open market prices for licenses;

(G) number of licenses offered for sale by applicant; and

(H) other relevant factors.

(4) Adjustments to Established Maximum Value: If an applicant offers both a commercial bay shrimp license and a commercial bait shrimp license issued for the same vessel, the department will add a premium of 7.5% to the Established Maximum Value of each license offered.

(e) Application Ranking Procedures.

(1) Ranking values will be assigned to all applications based on the greatest difference between the Established Maximum Value and the bid offers which are less than the Established Maximum Value.

(2) The department will purchase licenses beginning with the highest ranking to the lowest.

(3) Equally ranked bid offers:

(A) If bid offers are equally ranked and one vessel is larger in length, the department will rank the larger vessel ahead of the smaller;

(B) If bid offers are equally ranked and both vessels are the same length, the department will rank according to the ascending alphabetical order of the applicant's last name.

(4) The department may purchase licenses from applicants whose offers fall within 10% of the Established Market Value and are greater than the Established Market Value.

(f) Notification of Acceptance or Rejection of Application.

(1) Department will notify each applicant in writing within 45 days of receipt of application regarding acceptance or rejection of application bid offer.

(2) Applicants whose bids are accepted must then notify the department of their intent to accept or reject the offer from the department within 15 days of the postmark of the notification letter sent by the department.

(3) The department may retain unsuccessful applications and include them in the next application period.

(4) The unsuccessful applicant may withdraw, resubmit, or amend an application for consideration during any future application periods.

(5) The department will continue to purchase in rank order as the buyback fund permits.

(g) Delegation of purchasing authority.

(1) The department may designate other qualified agents to purchase licenses on behalf of the department provided all purchased licenses are surrendered to the department and retired.

(2) The designated qualified agents may utilize the Maximum Value Criteria established in subsection (d) this section to purchase licenses.

§58.150 Sale, purchase and handling of shrimp - - General Rules

(a) Reporting by licensee. A licensee under this section who lands shrimp in the state shall submit to the department by the tenth day of each month, on forms furnished by the department, a report stating:

(1) the number of pounds of shrimp landed at points in the state by the licensee during the reporting period;

(2) the water from which the shrimp were taken; and

(3) the names of the species of shrimp.

(b) Possession after season: No person may retain saltwater shrimp in their fresh state legally taken in the coastal water of this state for more than five days after the end of an open season for the taking of shrimp unless he is a licensed bait dealer, bait-shrimp dealer, or sports fisherman.

(c) Handling of shrimp.

(1) No shrimp house operator, wholesale fish dealer, retail fish dealer, wholesale truck dealer, retail truck dealer, bait dealer, bait-shrimp dealer, or other person holding a license issued by the department may knowingly unload, buy, sell, transport, or handle in any way shrimp or bait shrimp:

(A) from an unlicenced gulf shrimp boat, an unlicenced commercial bay shrimp boat or an unlicenced commercial bait shrimp boat;

(B) of a prohibited size;

(C) caught in the inside water or outside water during respective closed seasons as provided in this subchapter; or

(D) in violation of a provision of this subchapter.

(2) No licensed commercial bait-shrimp boat captain may deliver or unload shrimp caught under authority of a commercial bait-shrimp boat license except directly to the established place of business of a licensed bait-shrimp dealer or a sports fisherman.

(3) No licensed bait-shrimp dealer may knowingly unload, buy, or handle in any way bait shrimp from an unlicenced commercial bait-shrimp boat.

58.160 Taking or Attempting to Take Shrimp (Shrimping) - - General Rules

(a) It is unlawful to:

(1) take or attempt to take shrimp within the boundaries of any natural or man-made pass leading from the inside waters to the outside waters (Gulf of Mexico) of the state;

(2) use a trawl at a time when shrimping is prohibited;

(3) possess a trawl of any type or mesh size in an area where the trawl or mesh size are prohibited. Such trawls may be possessed on vessels in port or in a marked channel going directly to or from an area where the use of the trawl is permitted; or

(4) head shrimp aboard a boat in inside water or dump or deposit shrimp heads in the inside water.

(b) A commercial shrimp boat license must be prominently displayed as to be clearly visible from both sides of the boat.

(c) All commercial shrimp boats are required to exhibit the vessel's documentation or registration number on the port and starboard sides of the deckhouse or hull and on an appropriate weather deck. The number in block Arabic numerals in contrasting color to the background must be at least 18 inches in height on vessels over 65 feet and ten inches in height for all other vessels and be permanently attached.

(d) Gear Measurements: Except as otherwise provided in this section, all gear measurements are made as follows:

(1) Otter trawls (main net and try net)—measured along an uninterrupted corkline from leading tip of door to leading tip of door including any and all add-on devices or attachments to the corkline.

(2) Beam Trawls (main net and try net)—measured along the beam of a beam trawl in its fully extended position.

(3) Doors—measured along the door centerline from the leading tip to the trailing edge of the door, excluding any add-on devices of any type.

(4) Mesh sizes—measured between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used, and applies to the trawl, bag and bag liner. Mesh size requirements do not apply to net material used in any approved excluder device.

(5) Functional tailbag length - that portion of the cod end forward of the tail rope tie off rings toward the mouth of the trawl.

(e) Bycatch Reduction Device (BRD) requirements.

(1) Except as otherwise provided in this section, all shrimp boats must have an approved BRD installed in each trawl that is rigged for fishing. A trawl is rigged for fishing if it is in the water, or if it is shackled, tied, or otherwise connected to any trawl door or board, or to any tow rope, cable, pole or extension, either on board or attached in any manner to the shrimp boat.

(2) Exemptions from the BRD requirement- A shrimp boat is exempt from the BRD requirements of subsection (e)(1) if it:

(A) Is fishing under the provisions of a commercial bait shrimp license as established in §58.164, this chapter; or

(B) Is fishing under the provisions of a individual bait-shrimp trawl tag as established in §58.165, this chapter.

(3) Approved BRDs:

(A) Fish Eye-like devices (similar to "Fish Eye" or "Sea Eagle") minimum construction and installation requirements.

(i) Frame must be constructed of aluminum or steel rod at least \1/4\ inch (6.35 mm) in diameter.

(ii) Any dimension of the escape opening must be at least 5 inches, and the total escape opening area must be at least 36.0 square inches (232.3 cm2).

(iii) Beginning of opening may not be placed more than 20 inches to either side of the centerline of the tailbag.

(iv) Frame must be installed in the codend of the trawl to create an escape opening in the trawl, facing in the direction of the mouth of the trawl, no further forward than 10 feet from the codend tie-off rings.

(v) Opening may not be placed within 24 inches (61 cm) aft of the lazy line attachment system (i.e. any mechanism, such as elephant ears or choker straps, used to attach the lazy line to the codend).

(vi) Opening must not be obstructed while trawl is being towed.

(B) Extended Funnel devices (similar to "Jones/Davis", "large mesh", and "Extended Funnel" devices") minimum construction and installation requirements.

(i) These devices must be attached between the Turtle Excluder Device (TED) of the trawl and the tailbag, using a functional tailbag length no longer than 15 feet.

(ii) Jones-Davis BRD must contain all of the following:

(I) Webbing extension. The webbing extension must be constructed from a single piece of 1\5/8\-inch (3.5-cm) stretch mesh number 30 nylon 42 meshes by 120 meshes. A tube is formed from the extension webbing by sewing the 42-mesh side together.

(II) 28-inch (71.1-cm) cable hoop. A single hoop must be constructed of \1/2\-inch (1.3-cm) steel cable 88 inches (223.5 cm) in length. The cable must be joined at its ends by a 3-inch (7.6-cm) piece of \1/2\-inch (1.3-cm) aluminum pipe and pressed with a \3/8\-inch (0.95-cm) die to form a hoop. The inside diameter of this hoop must be between 27 and 29 inches (68.6 and 73.7 cm). The hoop must be attached to the extension webbing 17\1/2\ meshes behind the leading edge. The extension webbing must be quartered and attached in four places around the hoop, and every other mesh must be attached all the way around the hoop using number 24 twine or larger. The hoop must be laced with \3/8\-inch (0.95-cm) polypropylene or polyethylene rope for chaffing.

(III) 24-inch (61.0-cm) hoop. A single hoop must be constructed of either number 60 twine 80 inches (203.2 cm) in length or \3/8\-inch (0.95-cm) steel cable 75\1/2\ inches (191.8 cm) in length. If twine is used, the twine must be laced in and out of the extension webbing 39 meshes behind the leading edge, and the ends must be tied together. If cable is used, the cable must be joined at its ends by a 3-inch (7.6-cm) piece of \3/8\-inch (0.95-cm) aluminum pipe and pressed together with a \1/4\-inch (0.64-cm) die to form a hoop. The inside diameter of this hoop must be between 23 and 25 inches (58.4 and 63.4 cm). The hoop must be attached to the extension webbing 39 meshes behind the leading edge. The extension webbing must be quartered and attached in four places around the hoop, and every other mesh must be attached all the way around the hoop using number 24 twine or larger. The hoop must be laced with \3/8\-inch (0.95-cm) polypropylene or polyethylene rope for chaffing.

(IV) Funnel. The funnel must be constructed from four sections of 1\1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or polyethylene webbing. The two side sections must be rectangular in shape, 29\1/2\ meshes on the leading edge by 23 meshes deep. The top and bottom sections are 29\1/2\ meshes on the leading edge by 23 meshes deep and tapered 1 point 2 bars on both sides down to 8 meshes across the back. The four sections must be sewn together down the 23-mesh edge to form the funnel.

(V) Attachment of the funnel in the webbing extension. The funnel must be installed two meshes behind the leading edge of the extension starting at the center seam of the extension and the center mesh of the funnel's top section leading edge. On the same row of meshes, the funnel must be sewn evenly all the way around the inside of the extension. The funnel's top and bottom back edges must be attached one mesh behind the 28-inch (71.1-cm) cable hoop (front hoop). Starting at the top center seam, the back edge of the top funnel section must be attached four meshes each side of the center. Counting around 60 meshes from the top center, the back edge of the bottom section must be attached 4 meshes on each side of the bottom center. Clearance between the side of the funnel and the 28-inch (71.1-cm) cable hoop (front hoop) must be at least 6 inches (15.2 cm) when measured in the hanging position.

(VI) Cutting the escape openings. The leading edge of the escape opening must be located within 18 inches (45.7 cm) of the posterior edge of the turtle excluder device (TED) grid. The area of the escape opening must total at least 864 in2 (5,574.2 cm2). Two escape openings 10 meshes wide by 13 meshes deep must be cut 6 meshes apart in the extension webbing, starting at the top center extension seam, 3 meshes back from the leading edge and 16 meshes to the left and to the right (total of four openings). The four escape openings must be double selvaged for strength.

(VII) Alternative Method for Constructing the Funnel and Escape Openings. The following method for constructing the funnel and escape openings may be used instead of the method described in subclauses (IV) -(VI) of this clause. With this alternative method, the funnel and escape openings are formed by cutting a flap in each side of the extension webbing; pushing the flaps inward; and attaching the top and bottom edges along the bars of the extension webbing to form the v-shape of the funnel. Minimum requirements applicable to this method include:

(-a-) The funnel's top and bottom back edges must be attached one mesh behind the 28-inch (71.1-cm) cable hoop (front hoop);

(-b-) clearance between the side of the funnel and the 28-inch (71.1-cm) cable hoop (front hoop) must be at least 6 inches (15.2 cm) when measured in the hanging position;

(-c-) the leading edge of the escape opening must be located within 18 inches (45.7 cm) of the posterior edge of the turtle excluder device (TED) grid; and,

(-d-) the area of the escape opening must total at least 864 in2 (5,574.2 cm2). To construct the funnel and escape openings using this method, begin 3\1/2\ meshes from the leading edge of the extension, at the top center seam, count over 18 meshes on each side, and cut 13 meshes toward the back of the extension. Turn parallel to the leading edge, and cut 26 meshes toward the bottom center of the extension. Next, turn parallel to the top center seam, and cut 13 meshes forward toward the leading edge, creating a flap of webbing 13 meshes by 26 meshes by 13 meshes. Lengthen the flap to 18 meshes by adding a 4\1/2\-mesh by 26-mesh rectangular section of webbing to the 26-mesh edge. Attach the 18-mesh edges to the top and bottom of the extension by sewing 2 bars of the extension to 1 mesh on the flap in toward the top center and bottom center of the extension, forming the exit opening and the funnel. Connect the two flaps together in the center with a 7-inch piece of number 42 twine to allow adequate clearance for fish escapement between the flaps and the side openings. On each side, sew a 6-mesh by 10\1/2\-mesh section of webbing to 6 meshes of the center of the 26-mesh cut on the extension and 6 meshes centered between the 13-mesh cuts 3\1/2\ meshes from the leading edge. This forms two 10-mesh by 13-mesh openings on each side

(VIII) Cone fish deflector. The cone fish deflector is constructed of 2 pieces of 1\5/8\-inch (4.13-cm) polypropylene or polyethylene webbing, 40 meshes wide by 20 meshes in length and cut on the bar on each side forming a triangle. Starting at the apex of the two triangles, the two pieces must be sewn together to form a cone of webbing. The apex of the cone fish deflector must be positioned within 10-14 inches (25.4-35.6 cm) of the posterior edge of the funnel.

(IX) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop must be constructed of \5/16\-inch (0.79-cm) or \3/8\-inch (0.95-cm) cable 34\1/2\ inches (87.6 cm) in length. The ends must be joined by a 3-inch (7.6-cm) piece of \3/8\-inch (0.95-cm) aluminum pipe pressed

together with a \1/4\-inch (0.64-cm) die. The hoop must be inserted in the webbing cone, attached 10 meshes from the apex and laced all the way around with heavy twine.

(X) Installation of the cone in the extension. The cone must be installed in the extension 12 inches (30.5 cm) behind the back edge of the funnel and attached in four places. The midpoint of a piece of number 60 twine 4 ft (1.22 m) in length must be attached to the apex of the cone. This piece of twine must be attached to the 28-inch (71.1-cm) cable hoop at the center of each of its sides; the points of attachment for the two pieces of twine must be measured 20 inches (50.8 cm) from the midpoint attachment. Two 8-inch (20.3-cm) pieces of number 60 twine must be attached to the top and bottom of the 11-inch (27.9-cm) cone hoop. The opposite ends of these two pieces of twine must be attached to the top and bottom center of the 24-inch (61-cm) cable hoop; the points of attachment for the two pieces of twine must be measured 4 inches (10.2 cm) from the points where they are tied to the 11-inch (27.9-cm) cone hoop.

(ii) Extended Funnel (standard size) must contain all of the following:

(I) Extension Material. The small-mesh sections used on both sides of the large-mesh escape section are constructed of 1\5/8\ inch (4.13 cm), No. 30 stretched mesh, nylon webbing. The front section is 120 meshes around by 6\1/2\ meshes deep. The back section is 120 meshes around by 23 meshes deep.

(II) Large-Mesh Escape Section. The large-mesh escape section is constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing. This section is cut on the bar to form a section that is 15 inches (38.1 cm) in length by 95 inches (241.3 cm) in circumference. The leading edge is attached to the 6\1/2\-mesh extension section and the rear edge is attached to the 23-mesh extension section.

(III) Funnel. The funnel is constructed of 1\1/2\ inch (3.81 cm), stretched mesh, No. 30 depth-stretched and heat-set polyethylene webbing. The circumference of the leading edge is 120 meshes and the back edge is 78 meshes. The short side of the funnel is 34 to 36 inches (86.4 to 91.4 cm) long and the opposite side of the funnel extends an additional 22 to 24 inches (55.9 to 61.0 cm). The circumference of the leading edge of the funnel is attached to the forward small-mesh section three meshes forward of the large-mesh escape section and is evenly sewn, mesh for mesh, to the small-mesh section. The after edge of the funnel is attached to the after small-mesh section at its top and bottom eight meshes back from the large-mesh escape panel. Seven meshes of the top and seven meshes of the bottom of the funnel are attached to eight meshes at the top and bottom of the small-mesh section, such eight meshes being located immediately adjacent to the top and bottom centers of the small-mesh section on the side of the funnel's extended side. The extended side of the funnel is sewn at its top and bottom to the top and bottom of the small-mesh section, extending at an angle toward the top and bottom centers of the small-mesh section.

(IV) Semi-Rigid Hoop. A 30-inch (76.2-cm) diameter hoop constructed of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53- mm) micropress sleeve, is installed five meshes behind the trailing edge of the large-mesh escape section. The extension webbing must be laced to the ring around the entire circumference and must be equally distributed on the hoop, that is, 30 meshes must be evenly attached to each quadrant.

(V) Installation. The extended funnel BRD is attached 8 inches (20.3 cm) behind the posterior edge of the TED. If it is attached behind a soft TED, a second semi-rigid hoop, as prescribed in paragraph A.2.(d), must be installed in the front section of the BRD extension webbing at the leading edge of the funnel. The codend of the trawl net is attached to the trailing edge of the BRD.

(iii) Extended Funnel (Inshore Size) must contain all of the following:

(I) Extension Material. The small-mesh sections used on both sides of the large-mesh escape section are constructed of 1\3/8\ inch (3.5 cm), No. 18 stretched mesh, nylon webbing. The front section is 120 meshes around by 6\1/2\ meshes deep. The back section is 120 meshes around by 23 meshes deep.

(II) Large-Mesh Escape Section. The large-mesh escape section is constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing. This section is cut on the bar to form a section that is 15 inches (38.1 cm) by 75 inches (190.5 cm) in circumference. The leading edge is attached to the 6\1/2\-mesh extension section and the rear edge is attached to the 23-mesh extension section.

(III) Funnel. The funnel is constructed of 1\3/8\ inch (3.5 cm), stretched mesh, No. 18 depth-stretched and heat-set polyethylene webbing. The circumference of the leading edge is 120 meshes and the back edge is 78 meshes. The short side of the funnel is 30 to 32 inches (76.2 to 81.3 cm) long and the opposite side of the funnel extends an additional 20 to 22 inches (50.8 to 55.9 cm). The circumference of the leading edge of the funnel is attached to the forward small-mesh section three meshes forward of the large-mesh escape section and is evenly sewn, mesh for mesh, to the small-mesh section. The after edge of the funnel is attached to the after small-mesh section at its top and bottom eight meshes back from the large-mesh escape panel. Seven meshes of the top and seven meshes of the bottom of the funnel are attached to eight meshes at the top and bottom of the small-mesh section, such eight meshes being located immediately adjacent to the top and bottom centers of the small-mesh section on the side of the funnel's extended side. The extended side of the funnel is sewn at its top and bottom to the top and bottom of the small-mesh section, extending at an angle toward the top and bottom centers of the small-mesh section.

(IV) Semi-Rigid Hoop. A 24-inch (61.0-cm) diameter hoop constructed of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53-mm) micropress sleeve, is installed five meshes behind the trailing edge of the large mesh section. The extension webbing must be laced to the ring around the entire circumference and must be equally distributed on the hoop, that is, 30 meshes must be evenly attached to each quadrant.

(V) Installation. The extended funnel BRD is attached 8 inches (20.3 cm) behind the posterior edge of the TED. If it is attached behind a soft TED, a second semi-rigid hoop, as prescribed in paragraph (A)(3)(d), must be installed in the front section of the BRD extension webbing at the leading edge of the funnel. The codend of the trawl net is attached to the trailing edge of the BRD.

(iv) Expanded Mesh. The expanded mesh BRD is constructed and installed exactly the same as the standard size extended funnel BRD, except that one side of the funnel is not extended to form a lead panel.

(f) Turtle Excluder Device (TED) requirements.

(1) Except as otherwise provided in this section, all shrimp boats fishing in Texas waters must have an approved TED installed in each trawl that is rigged for fishing. A trawl is rigged for fishing if it is in the water, or if it is shackled, tied, or otherwise connected to any trawl door or board, or to any tow rope, cable, pole or extension, either on board or attached in any manner to the shrimp boat.

(2) Exemptions from the TED requirement.

(A) A shrimp boat is exempt from the TED requirements if it:

(i) Has on board no power or mechanical-advantage trawl retrieval system (i.e., any device used to haul any part of the trawl aboard);

(ii) Has only a pusher-head trawl, skimmer trawl, or wing net rigged for fishing.

(3) Exempted gear or activities. The following fishing gear or activities are exempted from the TED requirements:

(A) A single test net (try net) that is 21 feet (6.4 m) in total width or less, if it is either pulled immediately in front of another trawl or is not connected to another trawl in any way, if no more than one test net is used at a time, and if it is not towed as a primary trawl;

(B) A beam or roller trawl, if the frame is outfitted with rigid vertical bars, and if none of the spaces between the bars, or between the bars and the frame, exceeds 4 inches (10.2 cm).

(4) Approved TEDs.

(A) Hard TEDs. Hard TEDs are TEDs with rigid deflector grids and are categorized as "hooped hard TEDs," such as the NMFS and Cameron TEDs, or "single-grid hard TEDs," such as the Matagorda and Georgia TEDs. Hard TEDs complying with the following generic design criteria are approved TEDs:

(i) Construction materials. A hard TED must be constructed of one or a combination of the following materials, with minimum dimensions as follows:

(I) Solid steel rod with a minimum outside diameter of \1/4\ inch (0.64 cm);

(II) Fiberglass or aluminum rod with a minimum outside diameter of \1/2\ inch (1.27 cm); or

(III) Steel or aluminum tubing with a minimum outside diameter of \1/2\ inch (1.27 cm) and a minimum wall thickness of \1/8\ inch (0.32 cm) (also known as schedule 40 tubing).

(ii) Method of attachment. A hard TED must be sewn into the trawl around the entire circumference of the TED with heavy twine.

(iii) Angle of deflector bars.

(I) The angle of the deflector bars must be between 30 deg. and 55 deg. from the normal, horizontal flow through the interior of the trawl, except:

(II) In a hard TED with the position of the escape opening at the bottom of the trawl when the trawl is in its deployed position, the angle of the deflector bars from the normal, horizontal flow through the interior of the trawl, at any point, must not exceed 55 deg., and:

(-a-) If the deflector bars that run from top to bottom are attached to the bottom frame of the TED, the angle of the bottom-most 4 inches (10.2 cm) of each deflector bar, measured along the bars, must not exceed 45 deg.;

(-b-) If the deflector bars that run from top to bottom are not attached to the bottom frame of the TED, the angle of the imaginary lines connecting the bottom frame of the TED to the bottom end of each deflector bar which runs from top to bottom must not exceed 45 deg.

(iv) Space between bars. The space between deflector bars and between the deflector bars and the frame must not exceed 4 inches (10.2 cm).

(v) Direction of bars. The deflector bars must run from top to bottom of the TED, as the TED is positioned in the trawl, except that up to four of the bottom bars and two of the top bars, including the frame, may run from side to side of the TED.

(vi) Position of escape opening. The entire width of the escape opening from the trawl must be centered on and immediately forward of the frame at either the top or bottom of the trawl when the trawl is in its deployed position. The escape opening must be at the top of the trawl when the slope of the deflector bars from forward to aft is upward, and must be at the bottom when such slope is downward. For a single-grid TED, the escape opening must be cut horizontally along the same plane as the TED, and may not be cut in a fore-and-aft direction.

(vii) Size of escape opening.

(I) Hooped hard TED. The escape opening must not be smaller than 25 inches by 25 inches (63.5 cm by 63.5 cm). A door frame may not be used over the escape opening.

(II) Single-grid hard TED — The cut in the trawl webbing for the escape opening cannot be narrower than the outside width of the grid minus 4 inches (10.2 cm) on both sides of the grid, when measured as a straight line width. The resulting escape opening in the trawl webbing must measure at least 32 inches (81.3 cm) in horizontal taut length and, simultaneously, 10 inches (25.4 cm) in vertical taut height. The vertical measurement must be taken at the midpoint of the horizontal measurement.

(viii) Size of hoop or grid.

(I) Hooped hard TED.

(-a-) An oval front hoop on a hard TED must have an inside horizontal measurement of at least 32 inches (81.3 cm) and an inside vertical measurement of at least 20 inches (50.8 cm).

(-b-) A circular front hoop on a hard TED must have an inside diameter of at least 32 inches (81.3 cm).

(II) Single-grid hard TED. A single-grid hard TED must have an inside horizontal and vertical measurement of at least 28 inches (71.1 cm). The required inside measurements must be at the mid-point of the deflector grid.

(ix) Flotation. Flotation is required on all hard TEDs with bottom escape openings.

(I) Installation and construction requirements:

(-a-) floats must be attached to the top one-half of the TED;

(-b-) floats may be attached either outside or inside the trawl;

(-c-) floats must be attached with heavy twine or rope;

(-d-) floats must be constructed of aluminum, hard plastic, expanded polyvinyl chloride, or expanded vinyl acetate unless otherwise specified.

(II) Flotation compliance options. The requirements of this clause may be satisfied if any of the criteria below are met.

(-a-) Dimension requirements:

(-1-) For hard TEDs with a circumference of 120 inches (304.8 cm) or more, a minimum of either one round, aluminum or hard plastic float, no smaller than 9.8 inches (25.0 cm) in diameter, or two expanded polyvinyl chloride or expanded ethylene vinyl acetate floats, each no smaller than 6.75 inches (17.2 cm) in diameter by 8.75 inches (22.2 cm) in length, must be attached.

(-2-) For hard TEDs with a circumference of less than 120 inches (304.8 cm), a minimum of either one round, aluminum or hard plastic float, no smaller than 9.8 inches (25.0 cm) in diameter, or one expanded polyvinyl chloride or expanded ethylene vinyl acetate float, no smaller than 6.75 inches (17.2 cm) in diameter by 8.75 inches (22.2 cm) in length, must be attached.

(-b-) Float buoyancy requirements. Floats of any size and in any combination must be attached such that the combined buoyancy of the floats, as marked on the floats, equals or exceeds the weight of the hard TED, as marked on the TED. The buoyancy of the floats and the weight of the TED must be clearly marked on the floats and the TED as follows:

(-1-) Float buoyancy markings. Markings on floats must be made in clearly legible raised or recessed lettering by the original manufacturer. The marking must identify the buoyancy of the float in water, expressed in grams or kilograms, and must include the metric unit of measure. The marking may additionally include the buoyancy in English units. The marking must identify the nominal buoyancy for the manufactured float.

(-2-) TED weight markings. The marking must be made by the original TED manufacturer and must be permanent and clearly legible. The marking must identify the in-air, dry weight of the TED, expressed in grams or kilograms, and must include the metric unit of measure. The marking may additionally include the weight in English units. The marked weight must represent the actual weight of the individual TED as manufactured. Previously manufactured TEDs may be marked upon return to the original manufacturer. Where a TED is comprised of multiple detachable components, the weight of each component must be separately marked.

(-c-) Buoyancy-dimension requirements. Floats of any size and in any combination, provided that they are marked pursuant to clause (ix)(II)(-a-) of this subparagraph, must be attached such that the combined buoyancy of the floats equals or exceeds the following values:

(-1-) For floats constructed of aluminum or hard plastic, regardless of the size of the TED grid, the combined buoyancy must equal or exceed 14 lb (6.4 kg);

(-2-) For floats constructed of expanded polyvinyl chloride or expanded ethylene vinyl acetate, where the circumference of the TED is 120 inches (304.8 cm) or more, the combined buoyancy must equal or exceed 20 lb (9.1 kg); or

(-3-) For floats constructed of expanded polyvinyl chloride or expanded ethylene vinyl acetate, where the circumference of the TED is less than 120 inches (304.8 cm), the combined buoyancy must equal or exceed 10 lb (4.5 kg).

(B) Jones TED. The Jones TED must be constructed of at least 1\1/4\ inch (3.2 cm) outside diameter aluminum or steel pipe, and the pipe must have a wall thickness of at least \1/8\ inch (0.3 cm). It must be generally oval in shape with a flattened bottom. The deflector bars must be attached to the frame at a 45 deg. angle from the horizontal positioning downward and each bar must be attached at only one end to the frame. The deflector bars must be attached and lie in the same plane as the frame. The space between the ends of the bottom deflector bars and the bottom frame bar must be no more than 3 inches (7.6 cm). The spacing between the bottom three deflector bars on each side must be no greater than 2\1/2\ inches (6.4 cm). The spacing between all other deflector bars must not exceed 3\1/2\ inches (8.9 cm) and spacing between ends of opposing deflector bars also must not exceed 3\1/2\ inches (8.9 cm). This TED must comply with subparagraphs (A)(ii), (A)(iii), (A(vi), (A)(vii)(II), (A)(viii)(II), and (A)(ix) of this subsection with respect to the method of attachment, the angle of the deflector bars, the position of the escape opening, the size of the escape opening, the size of the grid, and flotation.

(C) Soft TEDs. Soft TEDs are TEDs with deflector panels made from polypropylene or polyethylene netting. The following soft TEDs are approved TEDs:

(i) Parker TED. The Parker TED is a soft TED, consisting of a single triangular panel, composed of webbing of two different mesh sizes, that forms a complete barrier inside a trawl and that angles toward an escape opening in the top of the trawl.

(I) Excluder Panel. The excluder panel of the Parker TED must be constructed of a single triangular piece of 8-inch (20.3 cm) stretched mesh webbing and two trapezoidal pieces of 4-inch (10.2-cm) stretched mesh webbing. The webbing must consist of number 48 (3-mm thick) or larger polypropylene or polyethylene webbing that is heat-set knotted or braided. The leading edge of the 8-inch (20.3-cm) mesh panel must be 36 meshes wide. The 8-inch (20.3-cm) mesh panel must be tapered on each side with all-bar cuts to converge on an apex, such that the length of each side is 36 bars. The leading edges of the 4-inch (10.2-cm) mesh panels must be 8 meshes wide. The edges of the 4-inch (10.2-cm) mesh panels must be cut with all-bar cuts running parallel to each other, such that the length of the inner edge is 72 bars and the length of the outer edge is 89 bars and the resulting fore-and-aft edge is 8 meshes deep. The two 4-inch (10.2-cm) mesh panels must be sewn to the 8-inch (20.3-cm) mesh panel to create a single triangular excluder panel. The 72-bar edge of each 4-inch (10.2-cm) mesh panel must be securely joined with twine to one of the 36-bar edges of the 8-inch (20.3-cm) mesh panel, tied with knots at each knot of the 4-inch (10.2-cm) webbing and at least two wraps of twine around each bar of 4-inch (10.2-cm) mesh and the adjoining bar of the 8-inch (20.3-cm) mesh. The adjoining fore-and-aft edges of the two 4-inch (10.2-cm) mesh panels must be sewn together evenly.

(II) Limitations on which trawls may have a Parker TED installed. The Parker TED must not be installed or used in a two-seam trawl with a tongue, nor in a triple-wing trawl (a trawl with a tongue along the headrope and a second tongue along the footrope). The Parker TED may be installed and used in any other trawl if the taper of the body panels of the trawl does not exceed 4b1p and if it can be properly installed in compliance with subparagraph (C)(i)(III) of this paragraph.

(III) Panel installation:

(-a-) Leading edge attachment. The leading edge of the excluder panel must be attached to the inside of the bottom of the trawl across a straight row of meshes. For a two-seam trawl or a four-seam, tapered-wing trawl, the row of meshes for attachment to the trawl must run the entire width of the bottom body panel, from seam to seam. For a four-seam, straight-wing trawl, the row of meshes for attachment to the trawl must run the entire width of the bottom body panel and half the height of each wing panel of the trawl. Every mesh of the leading edge of the excluder panel must be evenly sewn to this row of meshes; meshes may not be laced to the trawl.

(-b-) Apex attachment. The apex of the triangular excluder panel must be attached to the inside of the top body panel of the trawl at the centerline of the trawl.

(-c-) Side attachment. The sides of the excluder panel must be attached evenly to the inside of the trawl from the outside attachment points of the excluder panel's leading edge to the apex of the excluder panel. Each side must be sewn with the same sewing sequence, and, if the sides of the excluder panel cross rows of bars in the trawl, the crossings must be distributed evenly over the length of the side attachment.

(IV) Escape opening for the Parker soft TED must be a longitudinal cut and meet the following specifications. A slit at least 56 inches (1.4 m) in taut length must be cut along the centerline of the top body panel of the trawl immediately forward of the apex of the panel webbing. The slit must not be covered or closed in any manner. The edges and end points of the slit must not be reinforced in any way; for example, by attaching additional rope or webbing or by changing the orientation of the webbing.

(D) Allowable modifications to hard TEDs and special hard TEDs. Unless otherwise prohibited in subparagraph (B) of this paragraph, only the following modifications may be made to an approved hard TED or an approved special hard TED:

(i) Floats. In addition to floats required pursuant to subparagraph (A)(ix) of this paragraph, floats may be attached to the top one-half of the TED, either outside or inside the trawl, but not to a flap. Floats attached inside the trawl must be behind the rear surface at the top of the TED.

(ii) Accelerator funnel. An accelerator funnel may be installed in the trawl, if it is made of net webbing material with a stretched mesh size not greater than 1\5/8\ inches (4.1 cm), if it has an inside horizontal opening of at least 39 inches (99.1 cm) when measured in a taut position, if it is inserted in the trawl immediately forward of the TED, and if its rear edge does not extend past the bars of the TED. The trailing edge of the accelerator funnel may be attached to the TED on the side opposite the escape opening if not more than \1/3\ of the circumference of the funnel is attached, and if the inside horizontal opening of at least 39 inches (99.1 cm) is maintained. In a bottom-opening TED, only the top \1/3\ of the circumference of the funnel may be attached to the TED. In a top-opening TED, only the bottom \1/3\ of the circumference of the funnel may be attached to the TED.

(iii) Webbing flap. A webbing flap may be used to cover the escape opening under the following conditions: No device holds it closed or otherwise restricts the opening; it is constructed of webbing with a stretched mesh size no larger than 1\5/8\ inches (4.1 cm); it lies on the outside of the trawl; it is attached along its entire forward edge forward of the escape opening; it is not attached on the sides beyond the row of meshes that lies 6 inches (15.2 cm) behind the posterior edge of the grid; and it does not extend more than 24 inches (61.0 cm) beyond the posterior edge of the grid, except for boats fishing with a hard TED with the position of the escape opening at the bottom of the trawl when the trawl is in its deployed position, in which case the webbing flap must not extend beyond the posterior edge of the grid.

(iv) Chafing webbing. A single piece of nylon webbing, with a twine size no smaller than size 36 (2.46 mm in diameter), may be attached outside of the escape opening webbing flap to prevent chafing on bottom opening TEDs. This webbing may be attached along its leading edge only. This webbing may not extend beyond the trailing edge or sides of the existing escape opening webbing flap, and it must not interfere or otherwise restrict the turtle escape opening.

(v) Roller gear. Roller gear may be attached to the bottom of a TED to prevent chafing on the bottom of the TED and the trawl net. When a webbing flap is used in conjunction with roller gear, the webbing flap must be of a length such that no part of the webbing flap can touch or come in contact with any part of the roller gear assembly or the means of attachment of the roller gear assembly to the TED, when the trawl net is in its normal, horizontal position. Roller gear must be constructed according to one of the following design criteria:

(I) A single roller consisting of hard plastic shall be mounted on an axle rod, so that the roller can roll freely about the axle. The maximum diameter of the roller shall be 6 inches (15.24 cm), and the maximum width of the axle rod shall be 12 inches (30.4 cm). The axle rod must be attached to the TED by two support rods. The maximum clearance between the roller and the TED shall not exceed 1 inch (2.5 cm) at the center of the roller. The support rods and axle rod must be made from solid steel or solid aluminum rod no larger than \1/2\ inch (1.28 cm) in diameter. The attachment of the support rods to the TED shall be such that there are no protrusions (lips, sharp edges, burrs, etc.) on the front face of the grid. The axle rod and support rods must lie entirely behind the plane of the face of the TED grid.

(II) A single roller consisting of hard plastic tubing shall be tightly tied to the back face of the TED grid with rope or heavy twine passed through the center of the roller tubing. The roller shall lie flush against the TED. The maximum outside diameter of the roller shall be 3\1/2\ inches (8.0 cm), the minimum outside diameter of the roller shall be 2 inches (5.1 cm), and the maximum length of the roller shall be 12 inches (30.4 cm). The roller must lie entirely behind the plane of the face of the grid.

(g) Other aquatic life taken incidental to legal shrimping operations.

(1) Licensed Commercial Shrimp Boats.

(A) Other aquatic life taken incidental to legal shrimping operations may not be retained except as provided in these rules. The term "legal shrimping operations" is defined as the use of a legal trawl in places, at times, and in manners as authorized by the department.

(B) On board a licensed commercial shrimp boat a catch of finfish or other aquatic life, in any combination, may be retained in an amount not to exceed 50% by weight of the total trawl catch of shrimp by weight.

(i) Within the provision provided in subparagraph (B) of this paragraph, species regulated by bag and size limits [under provisions of] by proclamation of the Parks and Wildlife Commission may not be retained in numbers in excess of the recreational daily bag limit established for those species, and may not be retained in protected length limits established for those species.

(ii) From [June] May 1 through September 30 of each year, in addition to the provision of subparagraph (B) of this paragraph:

(I) up to 1,500 live non-game fish, not regulated by bag or size limits, may be retained on board a licensed commercial bait-shrimp boat for bait purposes only; and

(II) up to 3,600 (300 dozen) Atlantic cutlassfish (Trichiurus lepturus) (also known as ribbonfish) may be retained on board a licensed commercial bait-shrimp boat for bait purposes only.

[(III) The provisions of this clause will expire September 1, 2001.]

(2) Non-commercial shrimping. A person using an individual bait shrimp trawl for non-commercial purposes may retain for bait purposes only up to 200 non-game fish, not regulated by bag or size limits.

§58.161. Shrimping in Outside Waters.

(a) Gulf net restrictions.

(1) Except as otherwise provided in this section, no trawls may have a mesh size smaller than 8 3/4 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used.

(2) Except as otherwise provided in this section, in the Northern Shrimp Zone from zero to 10 fathoms, the total width of a trawl being used at one time from one vessel may not exceed the following:

(A) 50 feet as measured along the corkline from board to board or between extremes of any other spreading device, if two trawls are being used at the same time; and

(B) 100 feet as measured along the corkline from board to board or between extremes of any other spreading device, if only one trawl is being used.

(3) [(2)] Except as otherwise provided in this section, the presence of a shrimp trawl (excluding doors) not stored within the confines of the hull of a vessel in outside water during the closed periods provided by subsection (d) of this section is prima facie evidence of a violation of this section.

(4) [(3)]In outside waters of more than [seven] 10 fathoms, an electro-trawl having an applied voltage of no more than three volts may be used for taking shrimp.

(5) [(4)] No more than 2 [There are no restrictions on the number of ] trawls [that] may be used in outside waters of the Northern Shrimp Zone from zero to 10 fathoms except as provided in this section.

(b) Bag and possession limits. During the gulf open season there are no bag and possession limits on shrimp.

(c) Size limits. Shrimp of any size may be retained when caught lawfully in the outside waters.

(d) Gulf shrimping seasons. The outside waters are open to shrimping except:

(1) [Night: the outside waters within seven fathoms are closed to night shrimping (30 minutes after sunset to 30 minutes before sunrise) throughout the year;] Southern Shrimp Zone from zero to ten fathoms is closed to shrimping throughout the year.

(2) The Northern Shrimp Zone from zero to 10 fathoms is closed to night shrimping (30 minutes after sunset to 30 minutes before sunrise) throughout the year.

(3) [(2)] Summer closed season:

(A) The outside waters are closed from 30 minutes after sunset on May 15 to 30 minutes after sunset July 15.

(B) The commission may change the opening and closing dates to provide an earlier, later, or longer season not to exceed 75 days.

(C) The department will provide 72 hours public notice prior to a change in the closing date, and 24 hours public notice prior to reopening the season.

(4) [(3)] Winter closed season: the outside waters of the Northern Shrimp Zone up to and including [seven] ten fathoms are closed from [December 16 through February 1] December 1 through February 28 the following year, unless taking seabobs.

(5) [(4)] Seabob season:

(A) Seabobs may be taken in the Northern Shrimp Zone and in the Southern Shrimp Zone outside of 10 fathoms, and:

(i) during daylight hours only (30 minutes before sunrise to 30 minutes after sunset);

(ii) during the gulf open season; and

(iii) during the winter closed season.

(B) No person catching seabobs may catch or have on board a boat any other species of shrimp which exceed 10%, in weight or number, of the entire catch.

(C) Not more than one trawl may be used for taking seabobs.

(D) Trawl restrictions for taking seabobs:

(i) Trawl width may not exceed [25 feet as measured along the corkline from board to board or between extremes of any other spreading device.] any of the following dimensions, as measured along an uninterrupted corkline from leading tip of door including any and all add-on devices or attachments to the corkline.

Door Length Total Net Length
3' or more but less than 4' 40'
4' or more but less than 5' 42'
5' or more but less than 6' 44'
6' or more but less than 7' 46'
7' or more but less than 8' 48'
8' or more but less than 9' 50
9' or more but less than 10' 52'
10' or more 54'

(ii) Mesh size:[there are no mesh size restrictions for the take of seabobs] trawls used for seabobs must have a mesh size of 6 ½ inches in length between the two most widely separated knots in a consecutive series of five stretched meshes after the trawl has been used.

§58.162. Shrimping in Inside Waters - - General Rules

(a) It is unlawful:

[(1) during the period April 1 through August 14, to take or attempt to take shrimp from the inside water except between the hours of 30 minutes before sunrise to 2:00 p.m.;]

(1) [(2)] to use a trawl at a time when shrimping is prohibited;

(2) [(3)] to fail to have the spreading devices:

(A) out of the water and on the deck of the vessel, and the trawl bag untied at a time when shrimping is prohibited; or

(B) out of the water and at the towing block, and the trawl bag untied at a time when shrimping is prohibited.

(3) [(4)] to take or attempt to take shrimp from inside water from 30 minutes after sunset to 30 minutes before sunrise except as provided in this subchapter;

(4) [(5)] to take or attempt to take shrimp with a trawl at any other time or in any other place in the Laguna Madre north of a line starting on the mainland at the most northeasterly point on the north side of the entrance to Whiteley Channel then proceeding in a straight line to the north end of Pita Island; then continuing on a line to the southernmost point on the westerly most spoil island bordering the north side of the New Humble Channel (commonly referred to as Hap's Channel); then continuing on a line along the north edge of the New Humble Channel (commonly referred to as Hap's Channel) to its junction with the gulf Intracoastal Waterway; then continuing on a straight line to the Nueces/Kleberg County line marker on Padre Island;

(5) [(6)] to use or have on board more than one set of doors or spreading device for the main trawl;

(6) [(7)] to use or have on board more than one set of doors or spreading device for the try net; or

(7) [(8)] use more than one trawl at a time except a try net.

(b) Dual licensed boats. During the period May 15 through [July 15] June 30, it is unlawful for the operator of a boat licensed both as a commercial bay shrimp boat and a commercial bait shrimp boat to:

(1) take more than 600 pounds of shrimp per boat per calendar day in major bays;

(2) possess or have on board a boat in the inside water or unload or attempt to unload at any point in this state more than 600 pounds of shrimp; or

(3) to take or attempt to take shrimp in both a major bay and any other water within the same calendar day.

§58.163. Shrimping in Inside Waters - Commercial Bay Shrimping

(a) General rules.

(1) Open waters—commercial bay shrimp boats may shrimp only in major bays.

(2) It is unlawful for any person:

(A) aboard a vessel licensed as a commercial bay shrimp boat to off-load, transfer, sell, or barter any amount of live or dead shrimp to a person aboard another vessel; or

(B) aboard a vessel to off-load, transfer, purchase or barter from a person aboard a vessel licensed as a commercial bay shrimp boat any amount of live or dead shrimp.

(b) Spring open season.

(1) The spring open season extends from May 15 through [July 15] June 30 in major bays only.

(2) Legal shrimping hours: 30 minutes before sunrise to 2:00 p.m.

(3) Bag and possession limits: No more than 600 pounds of whole shrimp per day may be taken or possessed on board.

(4) Size limits: [Shrimp of any size may be retained when caught lawfully during spring open season in inside waters] The legal shrimp count is 90 heads on per pound..

(5) Net restrictions.

(A) Try nets.

(i) A trawl used as a try net may not exceed 21 feet in total width.

(ii) Try net trawl doors or boards may not exceed 450 square inches each.

(iii) A beam trawl used as a try net may not exceed ten feet in width.

(B) Main trawl:

(i) must have doors at least three feet long as measured along the door centerline from leading tip to the trailing edge of the door; and

(ii) must not exceed any of the following dimensions, as measured along an uninterrupted corkline from leading tip of door to leading tip of door including any and all add-on devices or attachments to the corkline:

Door Length Total Net Length
3' or more but less than 4' 40'
4' or more but less than 5' 42'
5' or more but less than 6' 44'
6' or more but less than 7' 46'
7' or more but less than 8' 48'
8' or more but less than 9' 50
9' or more but less than 10' 52'
10' or more 54'

(C) A beam trawl used as a main trawl may not exceed 25 feet in total width.

(D) Mesh size may not be less than [6 ½] 7 ½ inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used.

(c) Fall open season.

(1) The fall open season extends from August 15 through [December 15] November 30 in major bays only.

(2) Legal shrimping hours: 30 minutes before sunrise to [30 minutes after sunset] 4:00 p.m.

(3) Bag and possession limits: [are not restricted.] No more than 600 pounds of whole shrimp per day may be taken or possessed on board.

(4) Size limits:

[(A) From August 15 through October 31, the ] The legal shrimp count is 50 heads on per pound.

[(B) From November 1 through December 15 there are no count or size requirements.]

(5) Net restrictions.

(A) Try nets.

(i) A trawl used as a try net may not exceed 21 feet in total width.

(ii) Try net trawl doors or boards may not exceed 450 square inches each.

(iii) A beam trawl used as a try net may not exceed ten feet in width.

(B) Main trawl may not exceed 95 feet in total width.

(C) Mesh size in the main trawl:

(i) Mesh size may not be less than 8 3/4 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used[, EXCEPT:].

[(ii) from November 1 through December 15, mesh size may not be less than 6 1/2 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used.]

(d) Winter open season.

(1) The winter open season extends from [February] March 1 through April 15 in major bays only south of the Colorado River.

(2) Legal shrimping hours: 30 minutes after sunset to 30 minutes before sunrise.

(3) Bag and possession limits are not restricted.

(4) Size limits: Shrimp of any size may be retained when caught lawfully during winter open season in inside waters.

(5) Net restrictions.

(A) Try nets.

(i) A trawl used as a try net may not exceed 21 feet in total width.

(ii) Try net trawl doors or boards may not exceed 450 square inches each.

(iii) A beam trawl used as a try net may not exceed ten feet in width.

(B) Main trawl:

(i) must have doors at least three feet long as measured along the door centerline from leading tip to the trailing edge of the door; and

(ii) must not exceed any of the following dimensions, as measured along an uninterrupted corkline from leading tip of door to leading tip of door including any and all add-on devices or attachments to the corkline:

Door Length Total Net Length
3' or more but less than 4' 40'
4' or more but less than 5' 42'
5' or more but less than 6' 44'
6' or more but less than 7' 46'
7' or more but less than 8' 48'
8' or more but less than 9' 50
9' or more but less than 10' 52'
10' or more 54'

(C) A beam trawl used as a main trawl may not exceed 25 feet in total width.

(D) Mesh size may not be less than [6 ½] 7 ½ inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been placed in use.

§58.164. Shrimping in Inside Waters - Commercial Bait Shrimping

(a) General rules.

(1) A person who has on board or displays a commercial bait-shrimp boat license must operate only under the bait-shrimp rules of this section.

(2) Open waters: commercial bait shrimp boats may shrimp only in bait bays and major bays, except as otherwise provided in this subchapter.

(3) It is unlawful for any person:

(A) aboard a vessel licensed as a commercial bait-shrimp boat to off-load, transfer, sell, or barter any amount of live or dead shrimp, except an amount of live or dead shrimp not to exceed two quarts per sport fisherman or one gallon (by volume) for two or more sport fishermen may be off-loaded, transferred, sold or bartered to a person aboard a sport fishing vessel; or

(B) aboard a vessel to off-load, transfer, purchase, or barter from a person aboard a vessel licensed as a commercial bait-shrimp boat any amount of live or dead shrimp, except a person aboard a sport fishing vessel may off-load, transfer, purchase, or barter an amount of live or dead shrimp not to exceed two quarts per sport fisherman or one gallon (by volume) for two or more sport fishermen.

(b) Commercial bait-shrimp season.

(1) Commercial bait-shrimp season is open year-round.

(2) Legal shrimping hours.

(A) From August 15 through [March 31] November 30 , legal shrimping hours are 30 minutes before sunrise to [30 minutes after sunset] 4:00 p.m.

(B) From December 1 through March 31, legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset.

(C) [(B)]From April 1 through August 14 legal shrimping hours are 30 minutes before sunrise to 2:00 p.m.

(D) [(C)] In the Gulf Intracoastal Waterway between markers 17 and 57 in the Laguna Madre in Nueces County, bait-shrimp may be taken only from 1:00 a.m. to 30 minutes before sunrise each day.

(c) Bag and possession limits.

(1) No more than 200 pounds of whole shrimp per day may be taken or possessed on board.

(2) [At least 50% of the on-board catch must be kept in a live condition,] Except during the period August 16 through November [14] 30, no vessel may have on board dead shrimp in excess of the amount that will fill a volume of 1,155 cubic inches (equivalent to a 5-gallon bucket). Dead shrimp on board must be in their natural state with heads attached.

(3) All shrimp on board must have heads attached.

(d) Size limits. Shrimp of any size may be retained when caught lawfully during commercial bait-shrimp operations in inside waters.

(e) Net restrictions.

(1) Try nets.

(A) A trawl used as a try net may not exceed 12 feet in total width.

(B) Try net trawl doors or boards may not exceed 450 square inches each.

(C) A beam trawl used as a try net may not exceed five feet in width.

(2) Main trawl:

(A) must have doors at least three feet long as measured along the door centerline from leading tip to the trailing edge of the door; and

(B) must not exceed any of the following dimensions, as measured along an uninterrupted corkline from leading tip of door to leading tip of door including any and all add-on devices or attachments to the corkline:

Door Length Total Net Length
3' or more but less than 4' 40'
4' or more but less than 5' 42'
5' or more but less than 6' 44'
6' or more but less than 7' 46'
7' or more but less than 8' 48'
8' or more but less than 9' 50
9' or more but less than 10' 52'
10' or more 54'

(C) A beam trawl used as a main trawl may not exceed 25 feet in total width.

(3) Mesh size may not be less than 6 1/2 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been placed in use.

(4) In the Gulf Intracoastal Waterway between markers 17 and 57 (as indicated on the most current United States Coastal Survey Charts on the effective date of these rules) in the Laguna Madre in Nueces County, bait-shrimp may be taken with a legal beam trawl only.

§58.165. Non-commercial (recreational) Shrimping

(a) General rules.

(1) It is unlawful for any person:

(A) to take or attempt to take non-commercial shrimp in coastal waters by any means except an individual bait-shrimp trawl, cast net, or minnow seine not larger than 20 feet in length that is manually operated without the use of any mechanical means or devices;

(B) to buy, sell, offer for sale, or handle in any way for profit non-commercial shrimp caught with an individual bait-shrimp trawl, cast net, or minnow seine not larger than 20 feet; or

(C) to possess or have on board more than one individual bait-shrimp trawl.

(2) Net restrictions—Individual bait-shrimp trawls.

(A) Trawls may not exceed 20 feet in width as measured between the doors and along the uninterrupted corkline, including any and all add-on devices or attachments to the corkline.

(B) Trawl doors or boards may not exceed 450 square inches each.

(C) Mesh size may not be less than 8 3/4 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been placed in use.

(b) Shrimping for personal use and bait—Outside waters.

(1) Open waters—the outside waters are open to shrimping except:

(A) [Night: the outside waters within seven fathoms are closed to night shrimping (30 minutes after sunset to 30 minutes before sunrise) throughout the year;] The Southern Shrimp Zone from zero to 10 fathoms is closed to shrimping throughout the year.

(B) The Northern Shrimp Zone from zero to 10 fathoms is closed to night shrimping (30 minutes after sunset to 30 minutes before sunrise) throughout the year.

(C) [(B)] Summer closed season.

(i) The outside waters are closed from 30 minutes after sunset on May 15 to 30 minutes after sunset July 15.

(ii) The commission may change the opening and closing dates to provide an earlier, later, or longer season not to exceed 75 days.

(iii) The department will provide 72 hours public notice prior to a change in the closing date, and 24 hours public notice prior to reopening the season.

(D) [(C)]Winter closed season: the outside waters of the Northern Shrimp Zone up to and including [seven] ten fathoms are closed from [December 16 through February 1] December 1 through February 28 the following year.

(2) Bag and possession limits.

(A) Personal use: No more than 100 pounds of shrimp (in their natural state with heads attached) per day may be taken or possessed on board.

(B) Bait: No more than two quarts of shrimp (in their natural state with heads attached) per person or four quarts of shrimp per boat may be on board or possessed.

(3) Size limits: shrimp of any size may be retained when caught lawfully in the outside waters.

(c) Shrimping for personal use—Inside waters.

(1) Open waters. Major bays only are open to taking of shrimp for food for personal use.

(2) Spring open season.

(A) The spring open season extends from May 15 through [July 15] June 30.

(B) Legal shrimping hours: 30 minutes before sunrise to 2:00 p.m.

(C) Bag and possession limits: No more than 15 pounds of shrimp (in their natural state with heads attached) per person per day may be taken or possessed on board.

(D) Size limits: Shrimp of any size may be retained when caught lawfully during spring open season in inside waters.

(3) Fall open season.

(A) The fall open season extends from August 15 through [December 15] November 30.

(B) Legal shrimping hours: 30 minutes before sunrise to[30 minutes after sunset] 4:00 p.m.

(C) Bag and possession limits: No more than 15 pounds of shrimp (in their natural state with heads attached) per person per day may be taken or possessed on board.

(D) Size limits. :

[(i) From August 15 through October 31, the] The legal shrimp count is 50 heads on per pound.

[(ii) From November 1 through December 15 there are no count or size requirements.]

(d) Shrimping for bait—Inside waters.

(1) Open waters: Bait bays and major bays only are open to taking of shrimp for bait.

(2) Non-commercial bait-shrimp season. Bait bays and major bays are open year-round for non-commercial bait shrimping.

(3) Legal shrimping hours.

(A) From August 15 through [March 31] November 30, legal shrimping hours are 30 minutes before sunrise to [30 minutes after sunset] 4:00 p.m.

(B) From December 1 through March 31, legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset.

(C) [ (B)] From April 1 through August 14 legal shrimping hours are 30 minutes before sunrise to 2:00 p.m.

(4) Bag and possession limits: No more than two quarts of shrimp (in their natural state with heads attached) per person or four quarts of shrimp per boat may be on board or possessed.

(5) Size limits: Shrimp of any size may be retained when caught lawfully for bait in the inside waters.


Committee Agenda Item No. 6
Exhibit B

Proposed Changes to Finance Proclamation

31 TAC Chapter 53. Finance.

§53.3. Other Recreational Hunting and Fishing Licenses, Stamps, and Tags.

(a) – (e) No change

(f) Fishing tags. The following tag fee amounts are effective for the license year beginning September 1, 2001 [1996], and thereafter:

(1) – (2) No change

(3) individual bait-shrimp trawl tag (type 334) —- $35 [$23];

§53.6. Commercial Fishing Licenses and Tags.

(a) Shrimping licenses. The following license fee amounts are effective for the license year beginning September 1, 2001 [1996], and thereafter:

(1) Licenses:

(A) resident commercial gulf shrimp boat (type 330)— $375 [$275];

(B) resident commercial bay shrimp boat (type 336)— $290 [$195];

(C) resident commercial bait-shrimp boat (type 337)— $290 [$195];

(E) nonresident commercial gulf shrimp boat (type 430)— $1125 [$1,025];

(F) nonresident commercial bay shrimp boat (type 436)— $625 [$525];

(G) nonresident commercial bait-shrimp boat (type 437)— $625 [$525]; and

(H) No change

(2) License transfers:

(A) No change

(B) resident commercial bay shrimp boat license transfer (type 366)— $290 [$195];

(C) resident commercial bait-shrimp boat license transfer (type 367)— $290 [$195];

(E) nonresident commercial bay shrimp boat license transfer (type 466)— $290 [$195]; and

(F) nonresident commercial bait-shrimp boat license transfer (type 467)— $290 [$195].

(b) – (d) No change

§53.7. Business Licenses and Permits

(a) Fish, bait, and shrimp licenses and tags.

  1. Licenses. The following license fee amounts are effective for the license year beginning September 1, [1995] 2001, and thereafter:

(A) retail fish dealer's (type 302)— $70 [$46];

(B) retail fish dealer's truck (type 316)— $130 [$86];

(C) wholesale fish dealer's (type 314)— $625 [$525];

(D) wholesale fish dealer's truck (type 315)— $425 [$325];

(E) – (F) No change

(G) bait shrimp dealer's (type 335)— $170 [$115];

(H) – (I) No change

(2) – (4) No change


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