Texas Parks And Wildlife Code Title 5, Chapter 77 - Shrimp

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 77.001 - Definitions
  In this chapter: (1) "Coastal water" means all the salt water of this state, including that portion of the Gulf of Mexico within the jurisdiction...
• Texas Section 77.002 - License Fees
  (a) License fees provided in this chapter are a privilege tax on catching, buying, selling, unloading, transporting, or handling shrimp within the jurisdiction of this...
• Texas Section 77.003 - Disposition Of Funds
  Money received for licenses issued under this chapter or fines for violations of this chapter shall be remitted to the department by the 10th day...
• Texas Section 77.004 - Research Program
  (a) The department shall conduct continuous research and study of: (1) the supply, economic value, environment, and reproductive characteristics of the various economically important species...
• Texas Section 77.005 - Study And Report On Shrimp Industry And Resources
  (a) Using the shrimp management plan required by Section 77.007 and the research conducted under Section 77.004, the department shall comprehensively study shrimp resources, including...

SUBCHAPTER B PROVISIONS GENERALLY APPLICABLE TO SHRIMPING

• Texas Section 77.007 - Regulation Of Catching, Possession, Purchase, And Sale Of Shrimp
  (a) The commission by proclamation may regulate the catching, possession, purchase, and sale of shrimp. A proclamation issued under this section must contain findings by...
• Texas Section 77.011 - License Requirement
  No person may operate in the coastal water without obtaining the appropriate license, if required, as prescribed in this chapter. Acts 1975, 64th Leg., p....
• Texas Section 77.014 - Method Of Taking Count
  (a) An authorized employee of the department shall take the count of shrimp in the presence of the person possessing the shrimp. (b) The employee...
• Texas Section 77.015 - Gradation And Processing
  Shrimp found to be of legal size under this chapter may subsequently be graded for size for packaging, processing, or sale. Acts 1975, 64th Leg.,...
• Texas Section 77.0191 - Retention Of Redfish, Speckled Sea Trout, And Lightning Whelks
  (a) No person who is using a trawl for the purpose of taking shrimp may retain a redfish, speckled sea trout, or lightning whelk, also...
• Texas Section 77.020 - Penalty
  (a) A person who violates a provision of this chapter except Section 77.024 or 77.061(a)(1) or who violates a regulation adopted under this chapter commits...
• Texas Section 77.021 - Separate Offense
  Each day on which a violation occurs constitutes a separate offense. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
• Texas Section 77.022 - Responsibility For Violation
  (a) When a vessel is involved in a violation of this chapter, the captain of the vessel shall be considered primarily responsible for the violation....
• Texas Section 77.024 - Operation Without License
  No person whose license has been forfeited may do business without a new license or possess another license for the period of forfeiture. Acts 1975,...

SUBCHAPTER C SHRIMP LICENSES

• Texas Section 77.025 - Period Of Limitation
  Except as provided in Article 12.05, Code of Criminal Procedure, 1965, as amended, an indictment or information for a violation of this chapter may be...
• Texas Section 77.031 - Commercial Bay Shrimp Boat License
  (a) No person may operate a commercial bay shrimp boat for the purpose of catching or assisting in catching shrimp and other edible aquatic products...
• Texas Section 77.033 - Commercial Bait-shrimp Boat License
  (a) No person may operate a commercial bait-shrimp boat for the purpose of catching or assisting in catching shrimp for use as bait only and...
• Texas Section 77.035 - Commercial Gulf Shrimp Boat License
  (a) No person may operate a commercial gulf shrimp boat for catching or assisting in catching shrimp and other edible aquatic products from the outside...
• Texas Section 77.0351 - Commercial Shrimp Boat Captain's License
  (a) No captain of a licensed commercial shrimp boat may operate a licensed commercial shrimp boat while catching or attempting to catch shrimp from the...
• Texas Section 77.0352 - Sale Of Catch
  (a) The holder of a commercial shrimp boat license may sell only the catch of shrimp from the vessel to which the commercial shrimp boat...
• Texas Section 77.036 - Official Registration
  (a) An applicant for a commercial shrimp boat license, which is not a renewal of the previous year's license, issued under this subchapter must submit...
• Texas Section 77.0361 - License Expirations And Transfers
  (a) All licenses issued under the authority of Chapter 77 of this code are valid only during the yearly period for which they are issued...
• Texas Section 77.037 - Transfer Of License
  A commercial gulf shrimp boat license issued under this subchapter may be transferred on the application of the licensee from a boat that has been...
• Texas Section 77.039 - License Design
  (a) A commercial shrimp boat license issued under this subchapter must be a sign or emblem at least 32 square inches in size and be...
• Texas Section 77.040 - Other Licenses Required
  (a) A person holding a commercial shrimp boat license under this subchapter is not required to obtain a commercial fishing boat license under Section 47.007...
• Texas Section 77.043 - Bait-shrimp Dealer License
  (a) No person may engage in business as a bait-shrimp dealer unless he has obtained a bait-shrimp dealer's license from the department for each bait...
• Texas Section 77.044 - Issuance Of Bait-shrimp Dealer's License
  (a) The department shall issue a bait-shrimp dealer's license only after it has determined that the applicant for the license is a bona fide bait-shrimp...
• Texas Section 77.045 - Rights And Duties Of Bait-shrimp Dealer
  (a) The holder of a bait-shrimp dealer's license may sell, purchase, and handle shrimp, minnows, fish, and other forms of aquatic life for sale or...
• Texas Section 77.046 - Exemptions From Bait-shrimp Dealer's License
  A bait-shrimp dealer's license is not required for: (1) grocery stores in coastal counties which do not unload or purchase shrimp directly from commercial bait-shrimp...

SUBCHAPTER D SHRIMPING IN OUTSIDE WATER

• Texas Section 77.048 - Individual Bait-shrimp Trawl License
  (a) No person may possess or have on board a boat in coastal water an individual bait-shrimp trawl unless the owner of the trawl has...
• Texas Section 77.061 - General Closed Season
  (a) Except as specifically provided in this subchapter, no person may catch shrimp in outside water: (1) from June 1 to July 15, both dates...
• Texas Section 77.062 - Change In General Closed Season
  Based on sound biological data, the commission may change the opening and closing dates of the June 1 to July 15 closed season to provide...
• Texas Section 77.063 - General Limitation On Nets
  (a) Repealed by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997. (b) When restrictions are imposed on either or both the...
• Texas Section 77.071 - Regulations In Contiguous Zone
  (a) Repealed by Acts 1987, 70th Leg., ch. 217, Sec. 2, eff. Sept. 1, 1987. (b) The department may negotiate reciprocal agreements with another state...
• Texas Section 77.072 - Shrimp Size Exception
  Minimum size restrictions as provided in Chapter 77, Parks and Wildlife Code, as amended, do not apply to shrimp taken from outside waters when: (1)...
• Texas Section 77.111 - Shrimp License Management Program
  For the purposes of promoting efficiency and economic stability in the shrimping industry and of conserving economically important shrimp resources, the department shall implement a...
• Texas Section 77.112 - Issuance And Renewal Of Commercial Bay And Bait Shrimp Boat Licenses
  (a) After August 31, 1995, the department may not issue a new commercial bay or bait shrimp boat license unless the person seeking to obtain...
• Texas Section 77.113 - License Transfer
  (a) Except as provided by this section, a commercial bay or bait shrimp boat license may not be transferred from one person to another before...
• Texas Section 77.114 - Limit On Number Of Licenses Held; Designated License Holder
  (a) Except as provided by Subsection (b), no person may hold or directly or indirectly control more than four commercial bay and four commercial bait...
• Texas Section 77.115 - Transfer Fee
  The commission may set a fee for the transfer of a commercial bay or bait shrimp boat license. The amount of the transfer fee may...
• Texas Section 77.116 - Length And Engine Limits; Vessel Upgrade
  (a) Except as provided by Subsection (d), a vessel licensed as a commercial bay or bait shrimp boat may not: (1) have an engine that...
• Texas Section 77.117 - License Suspension And Revocation
  (a) The executive director, after notice and the opportunity for a hearing, may suspend a commercial bay or bait shrimp boat license if the license...
• Texas Section 77.118 - Shrimp License Management Review Board
  (a) The holders of commercial bay and bait shrimp boat licenses shall elect a shrimp license management review board of nine members. (b) A member...
• Texas Section 77.119 - License Buyback Program
  (a) The department shall implement a license buyback program as part of the shrimp license management program established by this subchapter. (b) The commission by...
• Texas Section 77.120 - Shrimp License Buyback Account; Fee Increase
  (a) The shrimp license buyback account is a separate account in the general revenue fund. The account consists of money deposited to the account under...
• Texas Section 77.121 - Program Administration; Rules
  (a) The executive director shall establish administrative procedures to carry out the requirements of this subchapter. (b) The commission shall adopt any rules necessary for...
• Texas Section 77.122 - Report To Legislature
  Not later than January 1, 1999, the department shall report to the governor and each member of the legislature an overview of the administration and...
• Texas Section 77.123 - Prevailing Authority
  A proclamation of the commission under this subchapter prevails over any conflicting provision of this chapter to the extent of the conflict. Added by Acts...
• Texas Section 77.151 - Gulf Shrimp License Moratorium Program
  The department shall implement a gulf shrimp license moratorium program to promote efficiency and economic stability in the gulf shrimping industry. Added by Acts 2005,...
• Texas Section 77.152 - Issuance And Renewal Of Commercial Gulf Shrimp Boat Licenses
  (a) After August 31, 2005, the department may not issue or renew a commercial gulf shrimp boat license unless the person seeking to obtain or...
• Texas Section 77.153 - Gulf Shrimp License Moratorium Review Board
  (a) The holders of commercial gulf shrimp boat licenses shall elect a gulf shrimp license moratorium review board of nine members. (b) A member of...
• Texas Section 77.154 - Program Administration; Rules
  (a) The executive director shall establish administrative procedures to carry out the requirements of this subchapter. (b) The commission shall adopt any rules necessary for...

Last modified: September 28, 2016