Presenter: Hal Osburn

Commission Agenda Item No. 6
Action
2000-2001 Shrimp Management Proclamation
August 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. The new moderate package was presented to the Regulations Committee at its May 31, 2000 meeting. At that time, the Commission charged staff to publish the new proposals in the Texas Register and to conduct a number of public hearings to solicit public comment regarding the new proposals.

Staff conducted eight public hearings along the Texas coast between June 27 and July 20, 2000. In total, 760 people attended the public hearings with 182 speaking. A web page was constructed on the agency’s web site to enable constituents to e-mail their comments to the department. At the printing of this briefing document, staff had received approximately 136 e-mails and 1,523 letters. At this time, the preliminary distribution of comments from e-mails, letters, and public hearings was as follows:

Expressed Support for All Proposals ................................ 1,101
Expressed No Support for All Proposals.............................. 145
Requested a Delay in Enacting All Proposals............................35
Expressed Neither Support or Rejection of Proposals..............68
Supported or Rejected Some but not All Proposals................492

Staff will present to the Regulations Committee the suite of proposed regulations concerning harvest of shrimp from Texas bays and the Texas Territorial Sea, and proposed increases to selected commercial fishing and business licenses to supplement management and enforcement of commercial fishing in Texas as published in the Texas Register on July 14, 2000 (25 TexReg 6666-6686). Since public comments will continue to be submitted to staff between the printing of this briefing document and the Committee meeting, staff will present an updated compilation of constituent comments at the August 30 meeting of the Regulations Committee.

PLEASE NOTE - - - At the printing of this briefing document, staff was in the process of reviewing the all constituent comments regarding the proposals published in the Texas Register. In addition, staff continues to discuss the proposals with industry and constituents. As a result of the comments and discussions, staff may present modifications to the proposals as originally drafted.

Summary of the proposed amendments as published in the Texas Register:

General Shrimping Rules
Shrimping In Outside Waters (Commercial and Recreational)
Shrimping In Inside Waters (Commercial and Recreational)
Shrimping In Inside Waters (Commercial and Recreational Bait Shrimping)
Shrimping In Inside Waters (Commercial and Recreational Bay Shrimping)
Spring Open Season
Fall Open Season
Winter Open Season
General Amendments

Addition of the following definitions to facilitate law enforcement and reduce confusion:

General measurement definitions to facilitate law enforcement and reduce confusion:

License Fee Increases

II. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks & Wildlife Commission adopts amendments to 31 TAC §§58.102, 58.160-58.161, and 58.163-58.165 concerning the Statewide Shrimp Fishery Proclamation, and to 31 TAC §§53.3, 53.6, and 53.7 with changes to the proposed text as published in the July 14, 2000 issue of the Texas Register (25TexReg)."

Attachments - 3

1. Exhibit A - Proposed 2000-2001 Shrimp Fishery Proclamation Regulation Changes
2. Exhibit B - Proposed Changes to Finance Proclamation
3. Exhibit C - Fiscal Note (available upon request)


Commission Agenda Item No. 6
Exhibit A

2000-2001 Shrimp Management Proclamation

§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, 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, and the Gulf Intracoastal Waterway exclusive of all tributaries. Beginning December 1, 2000 and thereafter, bait bays include major bays, Chocolate Bay, West Bay south and west of Interstate Highway 45 Causeway bridge and the Gulf Intracoastal Waterway, Trinity Bay northward 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 the Old Brazos River lying north of the Gulf Intracoastal Waterway in Brazoria County, Upper Laguna Madre, Baffin Bay, Alazan 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) 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 Family Penaeidae [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, Trinity Bay, Galveston Bay, East Galveston Bay, West Galveston Bay, Matagorda Bay (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 of State Highway 35, San Antonio Bay seaward of a line from McDowell Point to Grassey Point to Marker 32 on the Victoria Barge Canal, Ayres Bay, Carlos Bay, Aransas Bay, Mesquite Bay, and Corpus Christi Bay all exclusive of tributary bays, bayous, and inlets, lakes and rivers. Beginning December 1, 2000 and thereafter Major bays include 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 Bay westward from a line extending from the entrance of Robinson Bayou south to the tide gauge at Marsh Point, Matagorda Bay westward of a line extending from the mouth of Mad Island Cut southward to the mouth of Maverick Bayou on Matagorda Peninsula, East Matagorda Bay, Tres Palacios Bay south of a line from Grassey Point to the mouth of Pinkerton Bayou, Espiritu Santo Bay, Lavaca Bay southward of State Highway 35, San Antonio Bay southward of a line from McDowell Point to Mosquito Point, Aransas 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 portion of outside waters north of the Corpus Christi Fish Pass Jetties from a line formed by Latitude 27º 40’ 34" 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) 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 portion of outside waters south of the Corpus Christi Fish Pass Jetties from a line formed by Latitude 27º 40’ 34" 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.

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

[(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.]

(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.

§58.160. 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)—Total net width is 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.

(6) TED Length: if the webbing immediately surrounding a hard TED has a mesh size smaller than that allowed for the trawl for that area or season, such webbing may not extend farther than 10 stretched meshes forward of the leading edge of the TED nor farther than 10 stretched meshes rearward of the trailing edge of the TED, not including the escape flap.

(e) Bycatch Reduction Device (BRD) requirements.

(1) Except as otherwise provided in this section, beginning September 1, 2001 and thereafter, 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) A single try net that is 21 feet in total width or less is exempt from the BRD requirement.

(4) 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 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 square inches.

(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 cod end 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 cod end tie-off rings.

(v) Opening may not be placed within 24 inches 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 cod end).

(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 No. 30 nylon webbing with a mesh size of 8-1/4 inches over 5 stretched meshes measuring 42 meshes by 120 meshes. A tube is formed from the extension webbing by sewing the 42-mesh side together.

(II) 28-inch cable hoop. A single hoop must be constructed of 1/2-inch steel cable 88 inches in length. The cable must be joined at its ends by a 3-inch piece of 1/2-inch aluminum pipe and pressed with a 3/8-inch die to form a hoop. The inside diameter of this hoop must be between 27 and 29 inches. 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 No. 24 twine or larger. The hoop must be laced with 3/8-inch polypropylene or polyethylene rope for chaffing.

(III) 24-inch hoop. A single hoop must be constructed of either No. 60 twine 80 inches in length or 3/8-inch steel cable 75-1/2 inches 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 piece of 3/8-inch aluminum pipe and pressed together with a 1/4-inch die to form a hoop. The inside diameter of this hoop must be between 23 and 25 inches. 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 No. 24 twine or larger. The hoop must be laced with 3/8-inch polypropylene or polyethylene rope for chaffing.

(IV) Funnel. The funnel must be constructed from four sections of 1-1/2-inch 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 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 cable hoop (front hoop) must be at least 6 inches when measured in the hanging position.

(VI) Cutting the escape openings. The leading edge of the escape opening must be located within 18 inches of the posterior edge of the turtle excluder device (TED) grid. The area of the escape opening must total at least 864 square inches. 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 cable hoop (front hoop);

(-b-) clearance between the side of the funnel and the 28-inch cable hoop (front hoop) must be at least 6 inches 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 square inches. 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 No. 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 polypropylene or polyethylene webbing with a mesh size of 8-1/4 inches over 5 stretched meshes measuring 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 of the posterior edge of the funnel.

(IX) 11-inch cable hoop for cone deflector. A single hoop must be constructed of 5/16-inch or 3/8-inch cable 34-1/2 inches in length. The ends must be joined by a 3-inch piece of 3/8-inch aluminum pipe pressed together with a 1/4-inch 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 behind the back edge of the funnel and attached in four places. The midpoint of a piece of No. 60 twine 4 feet in length must be attached to the apex of the cone. This piece of twine must be attached to the 28-inch 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 from the midpoint attachment. Two 8-inch pieces of No. 60 twine must be attached to the top and bottom of the 11-inch cone hoop. The opposite ends of these two pieces of twine must be attached to the top and bottom center of the 24-inch cable hoop; the points of attachment for the two pieces of twine must be measured 4 inches from the points where they are tied to the 11-inch cone hoop.

(iii) 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 No. 30 nylon webbing with a mesh size of 8-1/4 inches over 5 stretched meshes. 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 webbing with a mesh size of 40-50 inches over 5 stretched meshes. This section is cut on the bar to form a section that is 15 inches in length by 95 inches 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 No. 30 depth-stretched and heat-set polyethylene webbing with a mesh size of 7-1/2 inches over 5 stretched meshes. 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 long and the opposite side of the funnel extends an additional 22 to 24 inches. 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 diameter hoop constructed of plastic-coated trawl cable, swaged together with a 3/8-inch 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 subclause (IV) of this clause, must be installed in the front section of the BRD extension webbing at the leading edge of the funnel. The cod end of the trawl net is attached to the trailing edge of the BRD.

(iv) 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 No. 18 nylon webbing with a mesh size of 6-7/8 inches over 5 stretched meshes. 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 webbing with a mesh size of 40-50 inches over 5 stretched meshes. This section is cut on the bar to form a section that is 15 inches by 75 inches 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 with a mesh size of 6-7/8 inches over 5 stretched meshes, 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 long and the opposite side of the funnel extends an additional 20 to 22 inches. 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 diameter hoop constructed of plastic-coated trawl cable, swaged together with a 3/8-inch 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 behind the posterior edge of the TED. If it is attached behind a soft TED, a second semi-rigid hoop, as prescribed in subclause (IV) of this clause, must be installed in the front section of the BRD extension webbing at the leading edge of the funnel. The cod end of the trawl net is attached to the trailing edge of the BRD.

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

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

(B) 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 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.

(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;

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

(III) Steel or aluminum tubing with a minimum outside diameter of 1/2 inch and a minimum wall thickness of 1/8 inch (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 degrees and 55 degrees 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 degrees, 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 of each deflector bar, measured along the bars, must not exceed 45 degrees;

(-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 degrees.

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

(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. 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 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 in horizontal taut length and, simultaneously, 10 inches 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 and an inside vertical measurement of at least 20 inches.

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

(II) Single-grid hard TED. A single-grid hard TED must have an inside horizontal and vertical measurement of at least 28 inches. 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 or more, a minimum of either one round, aluminum or hard plastic float, no smaller than 9.8 inches in diameter, or two expanded polyvinyl chloride or expanded ethylene vinyl acetate floats, each no smaller than 6.75 inches in diameter by 8.75 inches in length, must be attached.

(-2-) For hard TEDs with a circumference of less than 120 inches, a minimum of either one round, aluminum or hard plastic float, no smaller than 9.8 inches in diameter, or one expanded polyvinyl chloride or expanded ethylene vinyl acetate float, no smaller than 6.75 inches in diameter by 8.75 inches 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 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, 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 outside diameter aluminum or steel pipe, and the pipe must have a wall thickness of at least 1/8 inch. It must be generally oval in shape with a flattened bottom. The deflector bars must be attached to the frame at a 45-degree 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. The spacing between the bottom three deflector bars on each side must be no greater than 2-1/2 inches. The spacing between all other deflector bars must not exceed 3-1/2 inches and spacing between ends of opposing deflector bars also must not exceed 3-1/2 inches. This TED must comply with subparagraphs (A)(ii), (A)(iii), (A(vi), (A)(vii)(II), (A)(viii)(II), and (A)(ix) of this paragraph 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 Parker TED is the only approved 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 webbing with a mesh size of 40 inches over 5 stretched meshes and two trapezoidal pieces of webbing with a mesh size of 20 inches over 5 stretched meshes. The webbing must consist of No. 48 (3-mm thick) or larger polypropylene or polyethylene webbing that is heat-set knotted or braided. The leading edge of the triangular panel must be 36 meshes wide and 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 trapezoidal panel must be 8 meshes wide and 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 trapezoidal panels must be sewn to the triangular panel to create a single triangular excluder panel. The 72-bar edge of each trapezoidal panel must be securely joined with twine to one of the 36-bar edges of the triangular panel, tied with knots at each knot of the trapezoidal webbing and at least two wraps of twine around each bar of trapezoidal and the adjoining bar of the 8-inch (20.3-cm) mesh. The adjoining fore-and-aft edges of the two trapezoidal 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 4 bars, 1 point and if it can be properly installed in compliance with subparagraph (C)(i)(III) of this paragraph.

(iii) Panel installation:

(I) 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.

(II) 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.

(III) 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 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 8-1/4 inches over a series of 5 stretched meshes if it has an inside horizontal opening of at least 39 inches 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 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 not greater 8-1/4 inches over a series of 5 stretched meshes; 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 behind the posterior edge of the grid; and it does not extend more than 24 inches 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, and the maximum width of the axle rod shall be 12 inches. 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 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 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, the minimum outside diameter of the roller shall be 2 inches, and the maximum length of the roller shall be 12 inches. The roller must lie entirely behind the plane of the face of the grid.

(g) [(e)] 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 May 1 [June 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, 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.

(3) In outside waters of more than seven fathoms, an electro-trawl having an applied voltage of no more than three volts may be used for taking shrimp. From December 1, 2000 and thereafter, In outside waters beyond 5 nautical miles, an electro-trawl having an applied voltage of no more than three volts may be used for taking shrimp.

(4) There are no restrictions on the number of trawls that may be used in outside waters except as provided in this section; from December 1, 2000 and thereafter, no more than 2 trawls may be used in outside waters in that portion of the Northern Shrimp Zone from the shoreline out to 5 nautical miles.

(5) Beginning December 1, 2000 and thereafter, except as otherwise provided in this section, in that portion of the Northern Shrimp Zone from the shoreline out to 5 nautical miles, the main trawl:

(A) must have doors at least 3 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 Width
3' or more but less than 4' 71’
4' or more but less than 5' 73’
5' or more but less than 6' 75’
6' or more but less than 7' 77’
7' or more but less than 8' 79’
8' or more but less than 9' 81’
9' or more but less than 10' 83’
10' or more but less than 11' 85’
11' or more but less than 12' 87’
12' or more 89’

(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) From December 1, 2000 and thereafter, that portion of the Southern Shrimp Zone from the shoreline out to 5 nautical miles is closed to shrimping throughout the year.

(2) [(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; from December 1, 2000 and thereafter, that portion of the Northern Shrimp Zone from the shoreline out to 5 nautical miles is closed to night shrimping (30 minutes after sunset to 30 minutes before sunrise).

(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 up to and including seven fathoms are closed from December 1 through February 15 [December 16 through February 1] the following year, unless taking seabobs. From December 1, 2000 and thereafter, the outside waters in that portion of the Northern Shrimp Zone from the shoreline out to 5 nautical miles are closed from December 1 through February 15 the following year unless taking seabobs.

(5) [(4)] Seabob season:

(A) Seabobs may be taken:

(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 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 [25 feet as measured along the corkline from board to board or between extremes of any other spreading device.].

Door Length Total Net Width
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 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 [there are no mesh size restrictions for the take of seabobs].

(E) Beginning December 1, 2000 and thereafter, seabobs may be taken in the Northern Shrimp Zone and in the Southern Shrimp Zone outside of 5 nautical miles, and under provisions of subparagraph (A) (i) – (ii) of this paragraph.

§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 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. From December 1, 2000 and thereafter, the legal shrimp count is 100 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 Width
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 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used. From September 1, 2001 and thereafter mesh size may not be less than 7-1/2 inches in length between the two most widely separated knots in any consecutive series of five stretched meshes after the trawl has been used.

(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.

(3) Bag and possession limits are not restricted.

(4) Size limits:

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

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

(C) Effective beginning December 1, 2000 and thereafter, the legal shrimp count is 100 heads-on shrimp per pound from November 1 through November 30.

(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.

(iii) from September 1, 2001 and thereafter, 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.

(d) Winter open season.

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

(2) Legal shrimping hours:

(A) South of the Colorado River: 30 minutes after sunset to 30 minutes before sunrise;

(B) North of the Colorado River: 1 a.m. 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 Width
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 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. From September 1, 2001 and thereafter mesh size may not be less than 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 legal shrimping hours are 30 minutes before sunrise 30 minutes after sunset.

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

(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, August 16 through November 14.]

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

(d) Size limits Size limits: Shrimp of any size may be retained when caught lawfully during commercial bait-shrimp operations in inside waters. From December 1, 2000 and thereafter, the legal shrimp count is 100 heads-on shrimp per pound.

(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 Width
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; from December 1, 2000 and thereafter, that portion of the Northern Shrimp Zone from the shoreline out to 5 nautical miles is closed to night shrimping (30 minutes after sunset to 30 minutes before sunrise).

(B) From December 1, 2000 and thereafter, that portion of the Southern Shrimp Zone from the shoreline out to 5 nautical miles is closed to shrimping 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 up to and including seven fathoms are closed from December 1 through February 15 [December 16 through February 1] the following year; from December 1, 2000 and thereafter, the outside waters in that portion of the Northern Shrimp Zone from the shoreline out to 5 nautical miles are closed from December 1 through February 15 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.

(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. From December 1, 2000 and thereafter the legal shrimp count is 100 heads on per pound.

(3) Fall open season.

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

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

(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 legal shrimp count is 50 heads on per pound.

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

(iii) Effective beginning December 1, 2000 and thereafter, the legal shrimp count is 100 heads on per pound from November 1 through November 30.

(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 legal shrimping hours are 30 minutes before sunrise to 30 minutes after sunset.

(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 in inside waters. From December 1, 2000, the legal shrimp count is 100 heads on per pound.


Commission Agenda Item No. 6
Exhibit B

Proposed Changes to Finance Proclamation

§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];

(g) (No change.)

§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];

(D) (No change.)

(E) nonresident commercial gulf shrimp boat (type 430)— $1,125 [$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];

(D) (No change.)

(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].

(3) (No change.)

(b) (No change.)

§53.7. Business Licenses and Permits. Fish, bait, and shrimp licenses and tags.

(1) Licenses. The following license fee amounts are effective for the license year beginning September 1, 2001 [1995], 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) (No change.)

(F) (No change.)

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

(H)-(I) (No change.)

(2) – (3) (No change.)

 

 


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