1-1 By: Brown S.B. No. 920
1-2 (In the Senate - Filed March 4, 1997; March 6, 1997, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 15, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 15, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 920 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of certain commercial crab fishing.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. The heading of Chapter 78, Parks and Wildlife
1-13 Code, is amended to read as follows:
1-14 CHAPTER 78. MUSSELS, [AND] CLAMS, AND CRABS
1-15 SECTION 2. Sections 78.001 through 78.007, Parks and
1-16 Wildlife Code, are designated as Subchapter A, Chapter 78, Parks
1-17 and Wildlife Code, and a heading for Subchapter A, Chapter 78,
1-18 Parks and Wildlife Code, is added to read as follows:
1-19 SUBCHAPTER A. MUSSELS AND CLAMS
1-20 SECTION 3. Chapter 78, Parks and Wildlife Code, is amended
1-21 by adding Subchapter B to read as follows:
1-22 SUBCHAPTER B. CRAB LICENSE MANAGEMENT
1-23 Sec. 78.101. CRAB LICENSE MANAGEMENT PROGRAM. To promote
1-24 efficiency and economic stability in the crabbing industry and to
1-25 conserve economically important crab resources, the department
1-26 shall implement a crab license management program in accordance
1-27 with proclamations adopted by the commission under Chapter 61 and
1-28 this subchapter.
1-29 Sec. 78.102. DEFINITIONS. In this subchapter:
1-30 (1) "Crab" means all species in the families
1-31 Portunidae and Xanthidae.
1-32 (2) "Commercial crab fishing" means pursuing, taking,
1-33 attempting to take, or landing crabs in this state for pay or for
1-34 the purpose of sale, barter, or exchange.
1-35 (3) "License" means a commercial license issued in
1-36 accordance with a proclamation under this subchapter that
1-37 authorizes commercial crab fishing or the operation of a commercial
1-38 crab boat.
1-39 Sec. 78.103. CRAB LICENSE MANAGEMENT REVIEW BOARD. (a) The
1-40 license holders under this chapter shall elect a crab license
1-41 management review board with an odd number of members greater than
1-42 four and fewer than 12.
1-43 (b) A member of the review board must be a license holder
1-44 under this subchapter or a wholesale fish dealer as defined by
1-45 Section 47.001 with knowledge of the commercial crab fishing
1-46 industry.
1-47 (c) A majority of the members of the review board may not be
1-48 residents of the same county.
1-49 (d) The review board shall advise the commission and
1-50 department and make recommendations concerning the administrative
1-51 aspects of the crab licensing program, including the definition of
1-52 flagrant offenses, and hardship appeal cases concerning
1-53 eligibility, license transfer, license renewal, license suspension,
1-54 and license revocation.
1-55 (e) The executive director shall adopt procedures for
1-56 determining the size and operations of the review board and the
1-57 election and terms of board members. The executive director shall
1-58 solicit and consider recommendations regarding these procedures
1-59 from persons who purchased crab trap tags after September 1, 1995,
1-60 and before August 31, 1996, or from holders of licenses issued
1-61 under this subchapter.
1-62 (f) The review board is not subject to Article 6252-33,
1-63 Revised Statutes.
1-64 (g) A member of the review board serves without compensation
2-1 or a per diem allowance.
2-2 Sec. 78.104. LICENSING. (a) If the commission adopts one
2-3 or more licenses to be issued under this subchapter, a person may
2-4 not engage in commercial crab fishing without a license adopted by
2-5 the commission. If the commission adopts a commercial crab boat
2-6 license to be issued under this subchapter, a person may not
2-7 operate a boat for the purpose of commercial crab fishing without
2-8 having a boat license as prescribed by the commission.
2-9 (b) A proclamation under this section requiring a license
2-10 must contain findings by the commission that support the need for
2-11 the proclamation. In determining the need for a license
2-12 requirement, the commission shall consider:
2-13 (1) measures to prevent waste or depletion of crabs
2-14 while achieving, on a continuing basis, the optimum yield for the
2-15 fishery;
2-16 (2) the best scientific information available;
2-17 (3) the effect a licensing program would have on the
2-18 management of crabs throughout the jurisdictional range;
2-19 (4) the need to promote, where practicable, efficiency
2-20 in using crabs; and
2-21 (5) the need to enhance enforcement.
2-22 (c) A proclamation issued under this section may:
2-23 (1) establish a license that is issued to a person, to
2-24 a person and limited to a vessel, or to a person according to the
2-25 equipment used in commercial crab fishing, including issuing tags
2-26 for crab traps placed in public waters under Section 66.018;
2-27 (2) establish eligibility requirements for a license,
2-28 including the use of historical participation in the industry or
2-29 participation in the industry after August 31, 1995, and before
2-30 November 14, 1996;
2-31 (3) establish requirements for license transfer;
2-32 (4) prohibit license transfer during certain time
2-33 periods; and
2-34 (5) establish a lottery or an auction for issuing
2-35 licenses.
2-36 Sec. 78.105. LICENSE FEE. The fee for a license is $500, or
2-37 an amount set by the commission, whichever amount is more. All
2-38 fees generated by the issuance of a license under this subchapter
2-39 are to be sent to the comptroller for deposit to the credit of the
2-40 game, fish, and water safety account.
2-41 Sec. 78.106. LICENSE RENEWAL. A person seeking to renew a
2-42 license established by this subchapter must have held the license
2-43 during the preceding license year.
2-44 Sec. 78.107. LIMIT ON NUMBER OF LICENSES HELD. (a) A
2-45 person may not hold or directly or indirectly control more than
2-46 three licenses issued under this subchapter other than an equipment
2-47 license.
2-48 (b) A license issued to a person other than an individual
2-49 must designate an individual in whose name the license will be
2-50 issued.
2-51 Sec. 78.108. EXPIRATION OF LICENSE. A license required by
2-52 this subchapter is valid only during the period for which it is
2-53 issued without regard to the date on which the license is acquired.
2-54 Each period is one year beginning on September 1 or another date
2-55 set by the commission.
2-56 Sec. 78.109. LICENSE TRANSFER. (a) The commission by rule
2-57 may set a fee for the transfer of a license. The amount of the fee
2-58 may not exceed the amount of the license fee.
2-59 (b) The commission shall send all license transfer fees to
2-60 the comptroller for deposit to the credit of the game, fish, and
2-61 water safety account.
2-62 (c) The commission by proclamation shall allow a license to
2-63 be transferred beginning not later than September 1, 2001. The
2-64 commission shall annually review the decision regarding license
2-65 transfer.
2-66 (d) Notwithstanding Subsection (c), a license may be
2-67 transferred at any time to an heir or devisee of a deceased license
2-68 holder, but only if the heir or devisee is a person who in the
2-69 absence of a will would be entitled to all or a portion of the
3-1 deceased's property.
3-2 Sec. 78.110. LICENSE SUSPENSION AND REVOCATION. (a) The
3-3 executive director, after notice to a license holder and the
3-4 opportunity for a hearing, may suspend or revoke a license if the
3-5 license holder or any other operator of a licensed vessel is shown
3-6 to have been convicted of one or more flagrant offenses defined by
3-7 a proclamation of the commission during a period described by the
3-8 proclamation of the commission.
3-9 (b) A license suspension does not affect the license
3-10 holder's eligibility to renew the license after the suspension
3-11 expires.
3-12 (c) The same flagrant offense may not be counted for more
3-13 than one suspension under this section.
3-14 Sec. 78.111. LICENSE BUYBACK. (a) The department may
3-15 implement a license buyback program as part of the crab license
3-16 management program established by this subchapter.
3-17 (b) The commission by rule may establish criteria, using
3-18 reasonable classifications, by which the department selects
3-19 licenses to be purchased. The commission may delegate to the
3-20 executive director, for purposes of this section only, the
3-21 authority to develop the criteria through rulemaking procedures,
3-22 but the commission by order must finally adopt the rules
3-23 establishing the criteria. The commission or executive director
3-24 must consult with the crab license management review board
3-25 concerning establishment of the criteria.
3-26 (c) The commission must retire each license purchased under
3-27 the license buyback program until the commission finds that
3-28 management of the crab fishery allows reissue of those licenses
3-29 through auction or lottery.
3-30 (d) The department shall set aside at least 20 percent of
3-31 the fee from commercial crab licenses and transfer fees to be used
3-32 only for the purpose of buying back commercial crab licenses from a
3-33 willing license holder. That money shall be sent to the
3-34 comptroller for deposit to the credit of the game, fish, and water
3-35 safety account.
3-36 (e) The department may accept grants and donations of money
3-37 or materials from private or public sources for the purpose of
3-38 buying back commercial crab licenses from a willing license holder
3-39 and shall send the accepted money or material to the comptroller
3-40 for deposit to the credit of the game, fish, and water safety
3-41 account to be used only for the purpose of buying back commercial
3-42 crab licenses from a willing license holder.
3-43 (f) Money to be used for the purpose of buying back
3-44 commercial crab licenses is not subject to Section 403.095,
3-45 Government Code.
3-46 Sec. 78.112. PROGRAM ADMINISTRATION; RULES. (a) The
3-47 executive director shall establish administrative procedures to
3-48 carry out the requirements of this subchapter.
3-49 (b) The commission shall adopt any rules necessary for the
3-50 administration of the program established under this subchapter.
3-51 Sec. 78.113. DISPOSITION OF FUNDS. Money received for a
3-52 license issued under this subchapter or fines for violations of
3-53 this subchapter shall be remitted to the department by the 10th day
3-54 of the month following the date of collection.
3-55 Sec. 78.114. PROCLAMATION; PROCEDURES. Subchapter D,
3-56 Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
3-57 proclamations under this subchapter.
3-58 SECTION 4. Section 47.002, Parks and Wildlife Code, is
3-59 amended by adding Subsection (h) to read as follows:
3-60 (h) A person who catches or assists in commercial crab
3-61 fishing under Subchapter B, Chapter 78, and who holds a license for
3-62 that activity is not required to obtain or possess a general
3-63 commercial fisherman's license or a commercial fishing boat
3-64 license.
3-65 SECTION 5. Section 66.018, Parks and Wildlife Code, is
3-66 amended by amending Subsections (a), (c), and (d) and adding
3-67 Subsection (f) to read as follows:
3-68 (a) The department may [shall] issue [numbered] tags for
3-69 crab traps placed in public water.
4-1 (c) A crab trap tag issued under this section shall be
4-2 attached to each crab trap placed in public water. The department
4-3 may [shall] collect a maximum fee of $1.50 for each tag issued
4-4 under this section; provided, however, that upon adoption of a crab
4-5 management plan and the establishment of a crab advisory committee,
4-6 the commission may determine the amount of the fee.
4-7 (d) No person may place a crab trap in public water unless a
4-8 crab trap tag is attached to the trap unless a proclamation under
4-9 Subchapter B, Chapter 78, requires a license that does not require
4-10 the use of crab trap tags.
4-11 (f) If the commission adopts a license under Subchapter B,
4-12 Chapter 78, the department may not collect a fee for any crab trap
4-13 tag.
4-14 SECTION 6. Notwithstanding Section 78.103, Parks and
4-15 Wildlife Code, as added by this Act, a person is eligible to vote
4-16 in the election of or serve on the initial crab license management
4-17 review board only if the person purchased crab trap tags after
4-18 September 1, 1995, and before August 31, 1996, except that
4-19 wholesale fish dealers with knowledge of the commercial crab
4-20 fishing industry may also serve on the board. The initial board
4-21 shall consist of an odd number of members greater than four and
4-22 fewer than 12. The election of the initial board shall be held
4-23 before November 1, 1997, or as soon as practicable after that date.
4-24 SECTION 7. The Parks and Wildlife Department shall issue a
4-25 written report to the governor and the legislature not later than
4-26 January 1, 2001, that includes an overview of the administration
4-27 and status of the crab license management program, including the
4-28 biological, social, and economic effects of the program.
4-29 SECTION 8. The importance of this legislation and the
4-30 crowded condition of the calendars in both houses create an
4-31 emergency and an imperative public necessity that the
4-32 constitutional rule requiring bills to be read on three several
4-33 days in each house be suspended, and this rule is hereby suspended,
4-34 and that this Act take effect and be in force from and after its
4-35 passage, and it is so enacted.
4-36 * * * * *