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


Senate Research CenterC.S.S.B. 1303
76R6865 MI-FBy: Brown
Natural Resources
4/8/1999
Committee Report (Substituted - REVISED)


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. C.S.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, C.S.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 Parks and Wildlife
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); and 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 Subchapter
D, as follows: 

SUBCHAPTER D. FINFISH LICENSE MANAGEMENT

Sec. 47.071. FINFISH LICENSE MANAGEMENT PROGRAM. Requires the Parks and
Wildlife Department (TPWD) to implement a finfish license management
program in accordance with proclamations adopted by the Texas Parks and
Wildlife Commission (TPWC) 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 TPWC 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. Provides that no person may engage in
commercial finfish fishing unless the person is aboard a boat operating
under a license issued by TPWC 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. Requires a
proclamation under this section to establish a commercial finfish
fisherman's license in accordance with the provisions of this subchapter.  

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 TPWC, whichever amount is more. 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
TPWC. 
 
Sec. 47.079. LICENSE TRANSFER. Authorizes TPWC, 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 TPWC 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 TPWC
by proclamation to allow a license to be transferred  beginning no later
than September 1, 2002. 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). Defines "member
of a license holder's immediate family." 

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,
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, or the license holder is convicted of theft or
fishing gear or product. 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 a suspension under this section may be for six
months for certain flagrant offenses including if the license holder is
convicted of theft of fishing gear or products associated with this
subchapter. 

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 TPWC, by rule, to establish criteria, using reasonable
classifications, by which TPWD selects licenses to be purchased. Authorizes
TPWC to delegate to the executive director, for purposes of this section
only, the authority to develop the criteria through rulemaking procedures,
but TPWC by order must finally adopt the rules establishing the criteria.
Requires TPWC or the executive director to consult with the license
management review board concerning establishment of the criteria. Requires
TPWC to retire each license purchased under the license buyback program
until TPWC 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 TPWC 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 TPWC 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 TPWC proclamation issued
under this code.  
Sec. 47.083. CRAB TRAPS. Requires TPWC, 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 TPWC
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 TPWC to adopt any rules necessary for the
administration of the program established under this subchapter. Requires
TPWC 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. 

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 66.019(f), Parks and Wildlife Code, to set forth
a cash sale ticket. 

SECTION 10. Amends Section 66.206, Parks and Wildlife Code, effective
September 1, 2000, by adding Subsection (e), to provide that this section
does not apply to a person fishing trotlines under a commercial finfish
fisherman's license. 

SECTION 11. Requires TPWD, not later than September 1, 2000, to implement a
finfish management program as provided by Section 47.071, Parks and
Wildlife Code, as added by this Act. Repeals Section 47.003, Parks and
Wildlife Code (Commercial Finfish Fisherman's License) on the effective
date of a proclamation issued by the Parks and Wildlife Commission under
Chapter 47D, Parks and Wildlife Code, as added by this Act. 

SECTION 12. 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 13. Effective date: September 1, 1999.

SECTION 14. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 7. 

Amends Section 47.071, Parks and Wildlife Code, to delete text requiring
the TPWD  to implement a program by a certain date.  

Amends Section 47.074, Parks and Wildlife Code, to provide that  no person
may engage in commercial fishing unless the person is aboard a boat
operating under a certain license. Requires the establishment of  a
commercial finfish fisherman's license in accordance with the provisions of
this subchapter. Deletes text regarding a license adopted by TPWC under
this subchapter. 

 Amends Section 47.075, Parks and Wildlife Code, to delete text regarding
fees. 

Amends Section 47.079, Parks and Wildlife Code, to require TPWC to allow a
license to be transferred  beginning not later than September 1, 2002.
Defines "member of a license holder's immediate family." Deletes text
requiring  TPWC by vote to define "immediate family." Deletes text
regarding license transfer. 

Amends Section 47.080, Parks and Wildlife Code, to authorize the executive
director to suspend a license if certain conditions exist. Provides that a
suspension under this section  may be for six months for certain flagrant
offenses including if the license holder is convicted of theft of fishing
gear or products associated with this subchapter. Deletes provisions
regarding a flagrant offense being counted for more than one suspension
under this section. Deletes text regarding any other operator. 

Amends Section 47.081, Parks and Wildlife Code, to authorize TPWC or the
executive director to consult with the finish license management review
board, rather than the finfish advisory committee. 

Deletes proposed Subchapter E, regarding saltwater fisheries license
management programs. 

SECTION 9. 

Amends Section 66.109(f), Parks and Wildlife Code, to set forth
requirements for a cash sale ticket. Deletes proposed amendments to Section
66.206, Parks and Wildlife Code, 

SECTION. 10.

 Amends Section 66.206, Parks and Wildlife Code, Effective September 1,
2000, by adding subsection (e), to provided that this section does not
apply to a person fishing trotlines under a commercial finfish fisherman's
license. Deletes repealer. 

SECTION 11. 

Amends SECTION 11 to require the TPWD, not later than September 1, 2000, to
implement a finfish management program as provided by Section 47.071, Parks
and Wildlife Code, as added by this Act. Repeals Section 47.003, Parks and
Wildlife Code (Commercial Finfish Fisherman's License).  

SECTION 12.

 Redesignated from SECTION 14.