Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
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 78.01 through 78.07, Parks and Wildlife
1-7 Code, are designated as Subchapter A, Chapter 78, Parks and
1-8 Wildlife Code, and a heading for Subchapter A, Chapter 78, Parks
1-9 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. 78.100. Crab License Management Program. For the
1-15 purposes of promoting efficiency and economic stability in the
1-16 crabbing industry and of conserving economically important crab
1-17 resources, the department shall implement a crab license management
1-18 program in accordance with proclamations adopted by the Commission
1-19 under Chapter 61 and this Subchapter.
1-20 Sec. 78.101. DEFINITIONS. In this chapter:
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. 78.102. CRAB LICENSE MANAGEMENT REVIEW BOARD. (a) The
2-8 holders of crab trap tags purchased between September 1, 1995 and
2-9 August 31, 1996, shall elect the initial crab license management
2-10 review board with an odd number of members greater than four and
2-11 fewer than 12. This initial election shall be held by November 1,
2-12 1997, or as soon as practicable thereafter.
2-13 (b) All future members of the review board shall be elected
2-14 solely by holders of crab licenses issued under this Subchapter.
2-15 (c) A member of the review board must be a commercial crab
2-16 fisherman eligible under this Subchapter, or a wholesale fish
2-17 dealer as defined in Section 47.001 with knowledge of the
2-18 commercial crab fishing industry.
2-19 (d) A majority of the members of the review board may not be
2-20 residents of the same county.
2-21 (e) The review board shall advise the commission and
2-22 department and make recommendations concerning the administrative
2-23 aspects of the crab licensing program, including definition of
2-24 flagrant offenses, and hardship appeal cases concerning
2-25 eligibility, license transfer, license renewal, license suspension,
3-1 and license revocation.
3-2 (e) The executive director shall establish administrative
3-3 procedures for determining the size of the review board, the
3-4 election of its members, and the operation of the review board.
3-5 The executive director shall solicit and consider recommendations
3-6 regarding these procedures from the holders of crab trap tags
3-7 purchased between September 1, 1995 and August 31, 1996 or from
3-8 holders of crab licenses issued under this Subchapter.
3-9 (f) The review board is not subject to Article 6252-33,
3-10 Revised Statutes.
3-11 (g) A member of the review board serves without compensation
3-12 or a per diem allowance.
3-13 Sec. 78.103. LICENSING. (a) The commission may adopt one
3-14 or more licenses under this Subchapter, and any person may not
3-15 engage in commercial crab fishing without a license adopted by the
3-16 commission. If the commission adopts a commercial crab boat
3-17 license, a person may not operate a boat for the purpose of
3-18 commercial crab fishing without having a boat license as prescribed
3-19 by the commission.
3-20 (b) A proclamation under this section requiring a license
3-21 must contain findings by the commission that support the need for
3-22 the proclamation. In determining the need for a license
3-23 requirement, the commission shall consider:
3-24 (1) measures to prevent waste or depletion of crabs
3-25 while achieving, on a continuing basis, the optimum yield for the
4-1 fishery;
4-2 (2) the best scientific information available;
4-3 (3) the effect a licensing program would have on the
4-4 management of crabs throughout the jurisdictional range;
4-5 (4) the need to promote, where practicable, efficiency
4-6 in utilizing crabs; and
4-7 (5) the need to enhance enforcement.
4-8 (c) A proclamation issued under this section may:
4-9 (1) establish a license that is issued to a person, to
4-10 a person and limited to a vessel, or to a person according to the
4-11 equipment used in commercial crab fishing, including issuing tags
4-12 for crab traps placed in public waters under the authority of
4-13 Section 66.018 of this Code;
4-14 (2) establish eligibility requirements for a license,
4-15 including the use of historical participation in the industry or
4-16 participation in the industry before November 14, 1996, and after
4-17 August 31, 1995;
4-18 (3) establish requirements for license transfer; and
4-19 (4) prohibit license transfer during certain time
4-20 periods.
4-21 Sec. 78.106. LICENSE FEE. The fee for a license is $500, or
4-22 an amount set by the commission, whichever amount is more. All
4-23 fees generated by this license are to be deposited to the Game,
4-24 Fish, and Water Safety Account.
4-25 Sec. 78.107. LICENSE RENEWAL. A person seeking to renew any
5-1 licenses established in this Subchapter must have held the
5-2 respective license during the preceding license year.
5-3 Sec. 78.108. LIMIT ON NUMBER OF LICENSES HELD. (a) A
5-4 person may not hold, or directly or indirectly control, more than
5-5 three licenses issued under this Subchapter other than an equipment
5-6 license.
5-7 (b) Commercial crab licenses must be issued to an
5-8 individual. A person other than an individual who wishes to retain
5-9 or seeks to renew a crab license must designate an individual to
5-10 whom the license will be issued.
5-11 Sec. 78.109. EXPIRATION OF LICENSES. A license required by
5-12 this Subchapter is valid only during the yearly period for which it
5-13 is issued without regard to the date on which the license is
5-14 acquired. Each yearly period begins on September 1 of a year or
5-15 another date set by the commission and extends through August 31 of
5-16 the next year or another date set by the commission.
5-17 Sec. 78.110. LICENSE TRANSFER. (a) The commission by rule
5-18 may set a fee for the transfer of a license. The amount of the fee
5-19 may not exceed the amount of the license fee.
5-20 (b) All license transfer fees are to be deposited to the
5-21 Game, Fish and Water Safety Account.
5-22 (c) The commission by proclamation shall allow a license to
5-23 be transferred beginning no later than September 1, 2001. The
5-24 commission shall annually review the decision regarding license
5-25 transfer.
6-1 (d) A license may be transferred at any time to an heir or
6-2 devisee of the deceased holder of a license, but only if the heir
6-3 or devisee is a person who in the absence of a will would be
6-4 entitled to all or a portion of the deceased's property.
6-5 Sec. 78.111. LICENSE SUSPENSION AND REVOCATION. (a) The
6-6 executive director, after notice to a license holder and the
6-7 opportunity for a hearing, may suspend or revoke a license if the
6-8 license holder or any other operator of a licensed vessel is shown
6-9 to have been convicted of one or more flagrant offenses defined by
6-10 proclamation by the commission, which may include one or more
6-11 convictions of the same flagrant offense, during a period described
6-12 by proclamation of the commission.
6-13 (b) Except as provided by this Subchapter, a license
6-14 suspension under this section does not affect the license holder's
6-15 eligibility to renew the license after the suspension expires.
6-16 (c) The same flagrant offense may not be counted for more
6-17 than one suspension under this section.
6-18 Sec. 78.112. LICENSE BUYBACK. (a) The department may
6-19 implement a license buyback program as part of the crab license
6-20 management program established by this Subchapter.
6-21 (b) The commission by rule may establish criteria, using
6-22 reasonable classifications, by which the department selects
6-23 licenses to be purchased. The commission may delegate to the
6-24 executive director, for purposes of this section only, the
6-25 authority to develop the criteria through rule-making procedures,
7-1 but the commission by order must finally adopt the rules
7-2 establishing the criteria. The commission or executive director
7-3 must consult with the crab license management review board
7-4 concerning establishment of the criteria.
7-5 (c) The commission must retire each license purchased under
7-6 the license buyback program until the commission finds that
7-7 management of the crab fishery allows reissue of those licenses
7-8 through auction or lottery.
7-9 Sec. 78.113. CRAB LICENSE BUYBACK FUND. (a) At least 20
7-10 percent of the net receipts from crab license and license transfer
7-11 sales may be spent only for the buyback of commercial crab licenses
7-12 from willing license holders.
7-13 (b) The department may accept grants and donations of money
7-14 or materials from private or public sources for the crab license
7-15 buyback program.
7-16 (c) Section 403.095, Government Code, does not apply to the
7-17 account.
7-18 Sec. 78.114. PROGRAM ADMINISTRATION; RULES. (a) The
7-19 executive director shall establish administrative procedures to
7-20 carry out the requirements of this Subchapter.
7-21 (b) The commission shall adopt any rules necessary for the
7-22 administration of the program established under this Subchapter.
7-23 Sec. 78.115. DISPOSITION OF FUNDS. Money received for a
7-24 license issued under this Subchapter or fines for violations of
7-25 this Subchapter shall be remitted to the department by the 10th day
8-1 of the month following the date of collection.
8-2 Sec. 78.116. PROCLAMATION; PROCEDURES. Subchapter D of
8-3 Chapter 61 applies to the adoption of proclamations under this
8-4 chapter.
8-5 SECTION 4. Section 47.002, Parks and Wildlife Code, is
8-6 amended by adding Subsection (h) to read as follows:
8-7 (h) A person who catches or assists in commercial crab
8-8 fishing under Subchapter B, Chapter 78, and who holds a license
8-9 created under this Subsection for that activity is not required to
8-10 obtain or possess a general commercial fisherman's license.
8-11 SECTION 5. Section 66.018, Parks and Wildlife Code, is
8-12 amended by amending Subsections (a), (c), and (d) and adding
8-13 Subsection (f) to read as follows:
8-14 (a) The department may [shall] issue [numbered] tags for
8-15 crab traps placed in public water.
8-16 (c) A crab trap tag if issued under this section shall be
8-17 attached to each crab trap placed in public water. The department
8-18 may [shall] collect a maximum fee of $1.50 for each tag issued
8-19 under this section; provided, however, that upon adoption of a crab
8-20 management plan and the establishment of a crab advisory committee,
8-21 the commission may determine the amount of the fee.
8-22 (d) No person may place a crab trap in public water unless a
8-23 crab trap tag is attached to the trap unless a proclamation under
8-24 Subchapter B, Chapter 78, requires a license which does not
8-25 required the use of crab trap tags.
9-1 (f) This section is cumulative of any regulations adopted
9-2 under Subchapter B, Chapter 78.
9-3 (g) Upon commission adoption and implementation of
9-4 license(s) authorized under this Subsection, the department will
9-5 not collect a fee for any crab trap tag.
9-6 SECTION 6. The importance of this legislation and the
9-7 crowded condition of the calendars in both houses create an
9-8 emergency and an imperative public necessity that the
9-9 constitutional rule requiring bills to be read on three several
9-10 days in each house be suspended, and this rule is hereby suspended.