By: Brown S.B. No. 920
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of certain commercial crab fishing.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. The heading of Chapter 78, Parks and Wildlife
1-4 Code, is amended to read as follows:
1-5 CHAPTER 78. MUSSELS, [AND] CLAMS, AND CRABS
1-6 SECTION 2. Sections 78.001 through 78.007, Parks and
1-7 Wildlife Code, are designated as Subchapter A, Chapter 78, Parks
1-8 and Wildlife Code, and a heading for Subchapter A, Chapter 78,
1-9 Parks and Wildlife Code, is added to read as follows:
1-10 SUBCHAPTER A. MUSSELS AND CLAMS
1-11 SECTION 3. Chapter 78, Parks and Wildlife Code, is amended
1-12 by adding Subchapter B to read as follows:
1-13 SUBCHAPTER B. CRAB LICENSE MANAGEMENT
1-14 Sec. 78.101. CRAB LICENSE MANAGEMENT PROGRAM. To promote
1-15 efficiency and economic stability in the crabbing industry and to
1-16 conserve economically important crab resources, the department
1-17 shall implement a crab license management program in accordance
1-18 with proclamations adopted by the commission under Chapter 61 and
1-19 this subchapter.
1-20 Sec. 78.102. DEFINITIONS. In this subchapter:
1-21 (1) "Crab" means all species in the families
1-22 Portunidae and Xanthidae.
1-23 (2) "Commercial crab fishing" means pursuing, taking,
2-1 attempting to take, or landing crabs in this state for pay or for
2-2 the purpose of sale, barter, or exchange.
2-3 (3) "License" means a commercial license issued in
2-4 accordance with a proclamation under this subchapter that
2-5 authorizes commercial crab fishing or the operation of a commercial
2-6 crab boat.
2-7 Sec. 78.103. CRAB LICENSE MANAGEMENT REVIEW BOARD. (a) The
2-8 license holders under this chapter shall elect a crab license
2-9 management review board with an odd number of members greater than
2-10 four and fewer than 12.
2-11 (b) A member of the review board must be a license holder
2-12 under this subchapter or a wholesale fish dealer as defined by
2-13 Section 47.001 with knowledge of the commercial crab fishing
2-14 industry.
2-15 (c) A majority of the members of the review board may not be
2-16 residents of the same county.
2-17 (d) The review board shall advise the commission and
2-18 department and make recommendations concerning the administrative
2-19 aspects of the crab licensing program, including the definition of
2-20 flagrant offenses, and hardship appeal cases concerning
2-21 eligibility, license transfer, license renewal, license suspension,
2-22 and license revocation.
2-23 (e) The executive director shall adopt procedures for
2-24 determining the size and operations of the review board and the
2-25 election and terms of board members. The executive director shall
3-1 solicit and consider recommendations regarding these procedures
3-2 from persons who purchased crab trap tags after September 1, 1995,
3-3 and before August 31, 1996, or from holders of licenses issued
3-4 under this subchapter.
3-5 (f) The review board is not subject to Article 6252-33,
3-6 Revised Statutes.
3-7 (g) A member of the review board serves without compensation
3-8 or a per diem allowance.
3-9 Sec. 78.104. LICENSING. (a) If the commission adopts one
3-10 or more licenses to be issued under this subchapter, a person may
3-11 not engage in commercial crab fishing without a license adopted by
3-12 the commission. If the commission adopts a commercial crab boat
3-13 license to be issued under this subchapter, a person may not
3-14 operate a boat for the purpose of commercial crab fishing without
3-15 having a boat license as prescribed by the commission.
3-16 (b) A proclamation under this section requiring a license
3-17 must contain findings by the commission that support the need for
3-18 the proclamation. In determining the need for a license
3-19 requirement, the commission shall consider:
3-20 (1) measures to prevent waste or depletion of crabs
3-21 while achieving, on a continuing basis, the optimum yield for the
3-22 fishery;
3-23 (2) the best scientific information available;
3-24 (3) the effect a licensing program would have on the
3-25 management of crabs throughout the jurisdictional range;
4-1 (4) the need to promote, where practicable, efficiency
4-2 in using crabs; and
4-3 (5) the need to enhance enforcement.
4-4 (c) A proclamation issued under this section may:
4-5 (1) establish a license that is issued to a person, to
4-6 a person and limited to a vessel, or to a person according to the
4-7 equipment used in commercial crab fishing, including issuing tags
4-8 for crab traps placed in public waters under Section 66.018;
4-9 (2) establish eligibility requirements for a license,
4-10 including the use of historical participation in the industry or
4-11 participation in the industry after August 31, 1995, and before
4-12 November 14, 1996;
4-13 (3) establish requirements for license transfer;
4-14 (4) prohibit license transfer during certain time
4-15 periods; and
4-16 (5) establish a lottery or an auction for issuing
4-17 licenses.
4-18 Sec. 78.105. LICENSE FEE. The fee for a license is $500, or
4-19 an amount set by the commission, whichever amount is more. All
4-20 fees generated by the issuance of a license under this subchapter
4-21 are to be sent to the comptroller for deposit to the credit of the
4-22 game, fish, and water safety account.
4-23 Sec. 78.106. LICENSE RENEWAL. A person seeking to renew a
4-24 license established by this subchapter must have held the license
4-25 during the preceding license year.
5-1 Sec. 78.107. LIMIT ON NUMBER OF LICENSES HELD. (a) A
5-2 person may not hold or directly or indirectly control more than
5-3 three licenses issued under this subchapter other than an equipment
5-4 license.
5-5 (b) A license issued to a person other than an individual
5-6 must designate an individual in whose name the license will be
5-7 issued.
5-8 Sec. 78.108. EXPIRATION OF LICENSE. A license required by
5-9 this subchapter is valid only during the period for which it is
5-10 issued without regard to the date on which the license is acquired.
5-11 Each period is one year beginning on September 1 or another date
5-12 set by the commission.
5-13 Sec. 78.109. LICENSE TRANSFER. (a) The commission by rule
5-14 may set a fee for the transfer of a license. The amount of the fee
5-15 may not exceed the amount of the license fee.
5-16 (b) The commission shall send all license transfer fees to
5-17 the comptroller for deposit to the credit of the game, fish, and
5-18 water safety account.
5-19 (c) The commission by proclamation shall allow a license to
5-20 be transferred beginning not later than September 1, 2001. The
5-21 commission shall annually review the decision regarding license
5-22 transfer.
5-23 (d) Notwithstanding Subsection (c), a license may be
5-24 transferred at any time to an heir or devisee of a deceased license
5-25 holder, but only if the heir or devisee is a person who in the
6-1 absence of a will would be entitled to all or a portion of the
6-2 deceased's property.
6-3 Sec. 78.110. LICENSE SUSPENSION AND REVOCATION. (a) The
6-4 executive director, after notice to a license holder and the
6-5 opportunity for a hearing, may suspend or revoke a license if the
6-6 license holder or any other operator of a licensed vessel is shown
6-7 to have been convicted of one or more flagrant offenses defined by
6-8 a proclamation of the commission during a period described by the
6-9 proclamation of the commission.
6-10 (b) A license suspension does not affect the license
6-11 holder's eligibility to renew the license after the suspension
6-12 expires.
6-13 (c) The same flagrant offense may not be counted for more
6-14 than one suspension under this section.
6-15 Sec. 78.111. LICENSE BUYBACK. (a) The department may
6-16 implement a license buyback program as part of the crab license
6-17 management program established by this subchapter.
6-18 (b) The commission by rule may establish criteria, using
6-19 reasonable classifications, by which the department selects
6-20 licenses to be purchased. The commission may delegate to the
6-21 executive director, for purposes of this section only, the
6-22 authority to develop the criteria through rulemaking procedures,
6-23 but the commission by order must finally adopt the rules
6-24 establishing the criteria. The commission or executive director
6-25 must consult with the crab license management review board
7-1 concerning establishment of the criteria.
7-2 (c) The commission must retire each license purchased under
7-3 the license buyback program until the commission finds that
7-4 management of the crab fishery allows reissue of those licenses
7-5 through auction or lottery.
7-6 (d) The department shall set aside at least 20 percent of
7-7 the fee from commercial crab licenses and transfer fees to be used
7-8 only for the purpose of buying back commercial crab licenses from a
7-9 willing license holder. That money shall be sent to the
7-10 comptroller for deposit to the credit of the game, fish, and water
7-11 safety account.
7-12 (e) The department may accept grants and donations of money
7-13 or materials from private or public sources for the purpose of
7-14 buying back commercial crab licenses from a willing license holder
7-15 and shall send the accepted money or material to the comptroller
7-16 for deposit to the credit of the game, fish, and water safety
7-17 account to be used only for the purpose of buying back commercial
7-18 crab licenses from a willing license holder.
7-19 (f) Money to be used for the purpose of buying back
7-20 commercial crab licenses is not subject to Section 403.095,
7-21 Government Code.
7-22 Sec. 78.112. PROGRAM ADMINISTRATION; RULES. (a) The
7-23 executive director shall establish administrative procedures to
7-24 carry out the requirements of this subchapter.
7-25 (b) The commission shall adopt any rules necessary for the
8-1 administration of the program established under this subchapter.
8-2 Sec. 78.113. DISPOSITION OF FUNDS. Money received for a
8-3 license issued under this subchapter or fines for violations of
8-4 this subchapter shall be remitted to the department by the 10th day
8-5 of the month following the date of collection.
8-6 Sec. 78.114. PROCLAMATION; PROCEDURES. Subchapter D,
8-7 Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
8-8 proclamations under this subchapter.
8-9 SECTION 4. Section 47.002, Parks and Wildlife Code, is
8-10 amended by adding Subsection (h) to read as follows:
8-11 (h) A person who catches or assists in commercial crab
8-12 fishing under Subchapter B, Chapter 78, and who holds a license for
8-13 that activity is not required to obtain or possess a general
8-14 commercial fisherman's license or a commercial fishing boat
8-15 license.
8-16 SECTION 5. Section 66.018, Parks and Wildlife Code, is
8-17 amended by amending Subsections (a), (c), and (d) and adding
8-18 Subsection (f) to read as follows:
8-19 (a) The department may [shall] issue [numbered] tags for
8-20 crab traps placed in public water.
8-21 (c) A crab trap tag issued under this section shall be
8-22 attached to each crab trap placed in public water. The department
8-23 may [shall] collect a maximum fee of $1.50 for each tag issued
8-24 under this section; provided, however, that upon adoption of a crab
8-25 management plan and the establishment of a crab advisory committee,
9-1 the commission may determine the amount of the fee.
9-2 (d) No person may place a crab trap in public water unless a
9-3 crab trap tag is attached to the trap unless a proclamation under
9-4 Subchapter B, Chapter 78, requires a license that does not require
9-5 the use of crab trap tags.
9-6 (f) If the commission adopts a license under Subchapter B,
9-7 Chapter 78, the department may not collect a fee for any crab trap
9-8 tag.
9-9 SECTION 6. Notwithstanding Section 78.103, Parks and
9-10 Wildlife Code, as added by this Act, a person is eligible to vote
9-11 in the election of or serve on the initial crab license management
9-12 review board only if the person purchased crab trap tags after
9-13 September 1, 1995, and before August 31, 1996, except that
9-14 wholesale fish dealers with knowledge of the commercial crab
9-15 fishing industry may also serve on the board. The initial board
9-16 shall consist of an odd number of members greater than four and
9-17 fewer than 12. The election of the initial board shall be held
9-18 before November 1, 1997, or as soon as practicable after that date.
9-19 SECTION 7. The Parks and Wildlife Department shall issue a
9-20 written report to the governor and the legislature not later than
9-21 January 1, 2001, that includes an overview of the administration
9-22 and status of the crab license management program, including the
9-23 biological, social, and economic effects of the program.
9-24 SECTION 8. The importance of this legislation and the
9-25 crowded condition of the calendars in both houses create an
10-1 emergency and an imperative public necessity that the
10-2 constitutional rule requiring bills to be read on three several
10-3 days in each house be suspended, and this rule is hereby suspended,
10-4 and that this Act take effect and be in force from and after its
10-5 passage, and it is so enacted.