SRC-JXG S.B. 1303 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1303
76R6865 MI-FBy: Brown
Natural Resources
3/29/1999
As Filed


DIGEST 

Currently, Texas law does not allow a license management program for
commercial finfish fishery. A person can obtain a license to commercially
harvest and sell finfish in Texas. However, this open access system has led
to overcapitalization of finfish fishery resulting in excess taking of
finfish stocks and a decline in economic stability in the industry. The
Parks and Wildlife Commission has placed restrictions on areas for fishing,
times for fishing, size limits, bag and possession limits, and quantity and
type of gear under the authority of Chapters 47 and 66, Parks and Wildlife
Code. Additionally, current law does not allow for the creation of new
licenses, which does not allow a mechanism to create new opportunities for
fishery harvest. S.B. 1303 would authorize the Parks and Wildlife
Commission to create a license management program for the commercial
finfish fishery, and would establish fees and licenses for commercial
finfish fishing. 

PURPOSE

As proposed, S.B. 1303 sets forth authority and rules for finfish fishery.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Finfish License Management Review
Board executive director in SECTION 7 (Sections 47.073(d), 47.080(a),
47.103(d), and 47.110, Parks and Wildlife Code); Texas Natural Resource
Conservation Commission in SECTION 7 (Sections 47.074(a) and (e), 47.075,
47.079(a), 47.081(b) and (c), 47.082(a), 47.083(a), 47.084(b), 47.104(a)
and (c), 47.105, 47.107(a), 47.109(a), 47.111(b), and 47.112(b), Parks and
Wildlife Code); in SECTION 9 (Section 66.206(e), Parks and Wildlife Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 47.001(1) and (2), Parks and Wildlife Code, to
redefine "commercial fisherman" and "commercial finfish fisherman." 

SECTION 2. Amends Section 47.002, Parks and Wildlife Code, by adding
Subsection (i), to provide that a person who engages in commercial finfish
fishing under Subchapter D and who holds a commercial finfish fisherman's
license issued under Subchapter D and possesses that license on board is
not required to obtain or possess a general commercial fisherman's license. 

SECTION 3. Amends Section 47.007, Parks and Wildlife Code, by adding
Subsection (f), to provide that a person who engages in commercial finfish
fishing under Subchapter D and who holds a commercial finfish fisherman's
license issued under Subchapter D and possesses that license on board is
not required to obtain or possess a commercial fishing boat license. 

SECTION 4. Amends Section 47.0091, Parks and Wildlife Code, to provide that
no wholesale fish dealer may purchase for resale or receive for sale,
barter, exchange, or any other commercial purpose any aquatic product from
any person or entity in this state unless the dealer purchases the product
from the holder of a commercial crab fisherman's license, or a commercial
finfish fisherman's license. 

SECTION 5. Amends Section 47.0111, Parks and Wildlife Code, to make
conforming and nonsubstantive changes. 
 
SECTION 6. Amends Section 47.012, Parks and Wildlife Code, to make
conforming changes. 

SECTION 7. Amends Chapter 47, Parks and Wildlife Code, by adding
Subchapters D and E, as follows: 

SUBCHAPTER D. FINFISH LICENSE MANAGEMENT

Sec. 47.071. FINFISH LICENSE MANAGEMENT PROGRAM. Requires the Parks and
Wildlife Department (TPWD) to implement, no later than September 1, 2000, a
finfish license management program in accordance with proclamations adopted
by the Texas Natural Resource Conservation Commission (TNRCC) under Chapter
61 and this subchapter, to promote efficiency and economic stability in the
commercial finfish industry and to conserve economically important finfish
resources.  

 Sec. 47.072. DEFINITION. Defines "license."

Sec. 47.073. FINFISH LICENSE MANAGEMENT REVIEW BOARD. Requires the license
holders under this subchapter to elect a finfish license management review
board (board) of nine members. Prohibits a majority of the members of the
review board from being residents of the same county. Requires the review
board to advise TNRCC and TPWD and make recommendations concerning the
administrative aspects of the finfish licensing program. Requires the
executive director to adopt procedures for the operation of the review
board and the election and terms of board members. Requires the executive
director to solicit and consider recommendations regarding these procedures
from persons who purchased commercial finfish fisherman's licenses after
September 1, 1997 and through December 17, 1998. Requires a member of the
review board to qualify to obtain a commercial finfish fisherman's license
under this subchapter, or be a person who has knowledge of the commercial
finfish industry, subject to Chapter 2110, Government Code. Provides that a
member of the review board serves without compensation or a per diem
allowance. 

Sec. 47.074. LICENSING. Provides that no person may engage in business as a
commercial finfish fisherman unless the person has obtained a commercial
finfish fisherman's license or a license adopted by TNRCC under this
subchapter. Provides that no person may engage in commercial finfish
fishing aboard a boat operating under a license issued by TNRCC unless
certain conditions exist. Authorizes TPWD to issue a commercial finfish
fisherman's license only to a person who documents in a manner acceptable
to TPWD that the person held a commercial finfish fisherman's license
during the period after September 1, 1997, through December 17, 1998,
beginning September 1, 2000. Sets forth requirements of a proclamation
issued under this section. Requires a proclamation under this section to
require a license other than the commercial fisherman's license to contain
findings by TNRCC that support the need for the proclamation. Requires
TNRCC to adopt a finfish fishery management plan, before implementing new
license requirements. Sets forth requirements for TNRCC to consider
regarding license requirements. Requires the presiding officer of TNRCC to
appoint a finfish advisory committee (committee) to advise TNRCC on the
preparation and implementation of a finfish fishery management plan, if one
is developed. Requires the committee to consist of persons from the finfish
industry and individuals and groups interested in the coastal finfish
resources of the state.  

Sec. 47.075. LICENSE FEE. Provides that the fee for a commercial finfish
fisherman's license issued under this subchapter is $300 or an amount set
by TNRCC, whichever amount is more. Provides that the fee for any other
license issued by TNRCC under this subchapter is an amount set by TNRCC for
the license. Provides that all fees generated by the issuance of a license
under this subchapter are to be sent to the comptroller for deposit to the
credit of the game, fish, and water safety account subject to Section
47.081(d). 

Sec. 47.076. LICENSE RENEWAL. Requires a person seeking to renew a license
established by this subchapter to have held the license during the
preceding license year. 

Sec. 47.077. LIMIT ON NUMBER OF LICENSES HELD. Prohibits a person from
holding  or directly or indirectly controlling more than one license issued
under this subchapter. Requires a license issued to a person other than an
individual to designate an individual in whose name the license is issued. 

Sec. 47.078. EXPIRATION OF LICENSE. Provides that a license required by
this subchapter is valid only during the period for which it is issued
without regard to the date on which the license is acquired. Provides that
each period is one year beginning on September 1 or another date set by
TNRCC. 

Sec. 47.079. LICENSE TRANSFER. Authorizes TNRCC, by rule, to set a fee for
the transfer of a license. Prohibits the amount of the transfer fee from
exceeding the amount of the license fee. Requires TNRCC to send all license
transfer fees to the comptroller for deposit to the credit of the game,
fish, and water safety account subject to Section 47.081(d). Requires TNRCC
by proclamation to allow a license to be transferred  beginning no later
than September 1, 2004. Requires TNRCC to annually review the decision
regarding license transfer. Authorizes a license to be transferred at any
time to an heir or devisee of a deceased license holder, but only if the
heir or devisee is a person who in the absence of a will would be entitled
to all or a portion of the deceased's property, notwithstanding Subsection
(c). Authorizes a license to be transferred at any time to a member of a
license holder's immediate family, notwithstanding Subsection (c). Requires
TNRCC by vote to define "immediate family" for purposes of this subsection.

Sec. 47.080. LICENSE SUSPENSION AND REVOCATION. Requires the executive
director, after notice to a license holder and the opportunity for a
hearing, to suspend a commercial finfish fisherman's license or a license
adopted by TNRCC under this subchapter, if the license holder or any other
operator of the licensed vessel is convicted of one or more flagrant
offenses totaling three flagrant offenses for the licensed vessel. Sets
forth suspension conditions. Authorizes the executive director to
permanently revoke a license issued under this subchapter, if certain
conditions exist, after notice and the opportunity for a hearing. Provides
that the same flagrant offense may not be counted for more than one
suspension under this section. Sets forth flagrant offenses  for purposes
of this section.  

Sec. 47.081. LICENSE BUYBACK. Authorizes TPWD to implement a license
buyback program for licenses issued under this subchapter as part of the
finfish license management program established by this subchapter.
Authorizes TNRCC, by rule, to establish criteria, using reasonable
classifications, by which TPWD selects licenses to be purchased. Authorizes
TNRCC to delegate to the executive director, for purposes of this section
only, the authority to develop the criteria through rulemaking procedures,
but TNRCC by order must finally adopt the rules establishing the criteria.
Requires TNRCC or the executive director to consult with the committee
concerning establishment of the criteria. Requires TNRCC to retire each
license purchased under the license buyback program until TNRCC finds that
management of the finfish fishery allows reissue of those licenses through
auction or lottery. Requires TPWD to set aside at least 20 percent of the
fees from licenses issued or license transfers approved under this
subchapter to be used only for the purpose of buying back those licenses
from a willing license holder. Requires the money to be sent to the
comptroller for deposit to the credit of the game, fish, and water safety
account. Authorizes TPWD to solicit and accept grants and donations or
money or materials from private or public sources for the purpose of buying
back licenses issued under this subchapter from a willing license holder.
Provides that money to be used for the purpose of buying back licenses
issued under this subchapter is not subject to Section 403.095, Government
Code. 

Sec. 47.082. LINE LIMITS. Requires TNRCC by proclamation issued under this
code to authorize the holder of a commercial finfish fisherman's license to
use up to 20 trotlines no more than 600 feet long, or another number and
length of line authorized by TNRCC proclamation, to take or attempt to take
finfish, no later than September 1, 2000. Provides that no holder of
commercial finfish fisherman's license may possess on board more than the
number of lines prescribed by this code or by TNRCC proclamation issued
under this code.  
 Sec. 47.083. CRAB TRAPS. Requires TNRCC, by proclamation issued under this
code, to authorize the holder of a commercial finfish fisherman's license
to use up to 20 crab traps, or a number of traps authorized by TNRCC
proclamation, for use in commercial fishing for bait purposes only, no
later than September 1, 2000. Provides that this section does not authorize
the taking of any product for pay or for the purpose of sale, barter, or
exchange. 

Sec. 47.084. PROGRAM ADMINISTRATION; RULES. Requires the executive director
to establish administrative procedures to carry out the requirements of
this subchapter. Requires TNRCC to adopt any rules necessary for the
administration of the program established under this subchapter. Requires
TNRCC to prescribe all gear marking requirements for trotlines and crab
traps under this subchapter in accordance with Chapter 66. 

Sec. 47.085. DISPOSITION OF FUNDS. Requires money received for a license
issued under this subchapter and fines for violations of this subchapter to
be remitted to TPWD by the 10th day of the month following the date of
collection. 

Sec. 47.086. PROCLAMATION; PROCEDURES. Provides that Chapter 61D, and
Sections 61.054 and 61.055 apply to the adoption of proclamations under
this subchapter. 

SUBCHAPTER E. SALTWATER FISHERIES LICENSE MANAGEMENT PROGRAMS

Sec. 47.101. SALTWATER FISHERIES LICENSE MANAGEMENT PROGRAMS. Authorizes
TPWD to implement license management programs for individual saltwater
fisheries in accordance with proclamations adopted by TNRCC under Chapter
61 and this subchapter, to promote efficiency and economic stability in the
saltwater commercial fisheries industries and to conserve economically
important saltwater fisheries. Provides that this subsection does not apply
to a saltwater fishery governed by Chapter 77D or F, or Chapter 78B. 

 Sec. 47.102. DEFINITIONS. Defines "license" and "saltwater fishery." 

Sec. 47.103. SALTWATER FISHERIES LICENSE MANAGEMENT REVIEW BOARD. Requires
the license holders under this subchapter to elect a saltwater fisheries
license management review board (review board) with an odd number of
members greater than four and fewer than 12. Prohibits a majority of the
members of the review board form being residents of the same county.
Requires the review board to advise TNRCC and TPWD and to make
recommendations concerning the administrative aspects of the saltwater
fisheries licensing program. Requires the executive director to adopt
procedures for determining the size and operations of the review board and
the election and terms of board members. Provides that the review board is
not subject to Chapter 2110, Government Code. Provides that a member of the
review board serves without compensation or a per diem allowance. 

Sec. 47.104. LICENSING. Provides that no person may engage in business as a
commercial fisherman for a particular species for which a license is
required unless the person has obtained the license for that species, if
TNRCC adopts one or more licenses to be issued under this subchapter. Sets
forth requirements for proclamation under this section. Requires a
proclamation under this section requiring a license to contain findings by
TNRCC that support the need for the proclamation. Requires TNRCC to adopt a
fishery management plan for the species affected, before implementing new
license requirements. Sets forth considerations for TNRCC, in determining
the need for a license requirement. Requires the presiding officer of TNRCC
to appoint a committee to advise TNRCC on the preparation and
implementation  of the fishery management plan for each plan that is
developed. Requires the committee to consist of persons from the affected
industry and individuals and groups interested in the saltwater fisheries
of the state. 

Sec. 47.105. LICENSE FEE. Provides that the fee for a license issued under
this subchapter is $300 or an amount set by TNRCC, whichever amount is
more. Requires all fees generated by the issuance of a license under this
subchapter to be sent to the comptroller for deposit to the credit of the
game, fish, and water safety account subject to Section 47.111(d). 
 
Sec. 47.106. LICENSE RENEWAL. Requires a person seeking to renew a license
issued under this subchapter to have held the license during the preceding
license year. 

Sec. 47.107. LIMIT ON NUMBER OF LICENSES HELD. Provides that no person may
hold or directly or indirectly control more licenses issued under this
subchapter than the maximum number determined by TNRCC. Requires a license
issued to a person other than an individual to designate an individual in
whose name the license is issued.  

Sec. 47.108. EXPIRATION OF LICENSE. Provides that a license required by
this subchapter is valid only during the period for which it is issued
without regard to the date on which the license is acquired. Provides that
each period is one year beginning on September 1 or another date set by
TNRCC. 

Sec. 47.109. LICENSE TRANSFER. Authorizes TNRCC, by rule, to set a fee for
the transfer of a license. Prohibits the amount of the transfer from
exceeding the amount of the license fee. Requires TNRCC to send all license
transfer fees to the comptroller for deposit to the credit of the game,
fish, and water safety account subject to Section 47.111(d). Requires TNRCC
by proclamation to allow a license to be transferred beginning no later
than four years after the license requirement is adopted. Requires TNRCC to
annually review the decision regarding license transfer. Authorizes a
license to be transferred at any time to an heir or devisee of a deceased
license holder, but only if the heir or devisee is a person who in the
absence of a will would be entitled to all or a portion of the deceased's
property, notwithstanding Subsection (c). 

Sec. 47.110. LICENSE REVOCATION. Requires the executive director to revoke
a license issued under this subchapter if the holder within a two-year
period violated more than once any law or TNRCC rule providing for the
conservation and protection of aquatic products and is finally convicted of
the violations, after notice to a license holder and the opportunity for a
hearing. 

Sec. 47.111. LICENSE BUYBACK. Authorizes TPWD to implement a license
buyback program as part of any license management program established by
this subchapter. Authorizes TNRCC, by rule, to establish criteria, using
reasonable classifications, by which TPWD selects licenses to be purchased.
Authorizes TNRCC to delegate to the executive director, for purposes of
this section only, the authority to develop the criteria through rulemaking
procedures, but TNRCC by order must finally adopt the rules establishing
the criteria. Requires TNRCC or the executive director to consult with the
appropriate committee concerning establishment of the criteria. Requires
TNRCC to retire each license purchased under the license buyback program
until TNRCC finds that management of the affected fishery allows reissue of
those licenses through auction or lottery. Requires TPWD to set aside at
least 20 percent of the fees from licenses issued and license transfers
approved under this subchapter to be used only for the purpose of buying
back those licenses from a willing license holder. Requires money to be
sent to the comptroller for deposit to the credit of the game, fish, and
water safety account. Authorizes TPWD to solicit and accept grants and
donations of money or materials from private or public sources for the
purpose of buying back licenses issued under this subchapter from a willing
license holder. Provides that money to be used for the purpose of buying
licenses under this subchapter is not subject to Section 403.095,
Government Code. 

Sec. 47.112. PROGRAM ADMINISTRATION; RULES. Requires the executive director
to establish administrative procedures to carry out the requirements of
this subchapter. Requires TNRCC to adopt any rules necessary for the
administration of a program established under this subchapter.  

Sec. 47.113. DISPOSITION OF FUNDS. Requires money received for a license
issued under this subchapter or fines for violations of this subchapter to
be remitted to TPWD by the 10th day of the month following the date of
collection.  

Sec. 47.114. PROCLAMATION; PROCEDURES. Provides that Chapter 61D, and
Sections  61.054 and 61.055 apply to the adoption of a proclamation under
this subchapter.  

Sec. 47.115. PREVAILING AUTHORITY. Provides that a proclamation of TNRCC
under this subchapter does not prevail over a conflicting provision of
Subchapter D or of Chapter 77 or 78. 

SECTION 8. Amends Section 66.016, Parks and Wildlife Code, to prohibit a
person on board a boat licensed or required to be licensed for a commercial
fishing activity under Chapter 78, from catching and retaining any fish
species whose sale is prohibited when taken from Texas waters. Makes a
conforming change. 

SECTION 9. Amends Section 66.206, Parks and Wildlife Code, by adding
Subsection (e), to provide that this section does not apply to a person
fishing trotlines under a commercial finfish fisherman's license unless
TNRCC, by rule, so requires, effective September 1, 2000.  

SECTION 10. Repealer: Chapter 47, Parks and Wildlife Code (Commercial
Finfish Fisherman's License). 

SECTION 11. Requires TPWD to issue a written report to the governor and the
legislature no later than the beginning of the second regular legislative
session to convene following the implementation of a finfish license
management program under Chapter 47D, Parks and Wildlife Code, as added by
this Act, or the adoption by the Parks and Wildlife Commission of a fishery
management plan under Chapter 47E, Parks and Wildlife Code, as added by
this Act. Requires the report to include an overview of the administration
and status of the affected license management program. 

SECTION 12. Effective date: September 1, 1999.

SECTION 13. Emergency clause.