1-1 By: Brown S.B. No. 1303
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 6, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 6, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1303 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the authority of the Parks and Wildlife Department to
1-11 establish a limited entry license management program.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivisions (1) and (2), Section 47.001, Parks
1-14 and Wildlife Code, are amended to read as follows:
1-15 (1) "Commercial fisherman" means a person who for pay
1-16 or for the purpose of sale, barter, or exchange or any other
1-17 commercial purpose:
1-18 (A) catches aquatic products from the water of
1-19 this state except finfish from the tidal waters of this state; or
1-20 (B) unloads in this state aquatic products that:
1-21 (i) were taken from water outside this
1-22 state; and
1-23 (ii) have not been previously unloaded in
1-24 another state or a foreign country.
1-25 (2) "Commercial finfish fisherman" means a person who
1-26 catches finfish from the tidal waters of this state for pay or for
1-27 the purpose of sale, barter, exchange, or any other commercial
1-28 purpose. The term does not include a person who:
1-29 (A) holds an individual bait dealer's license
1-30 issued under this chapter;
1-31 (B) is in a vessel licensed under this chapter
1-32 as a menhaden boat and who takes menhaden; or
1-33 (C) takes minnows for bait only.
1-34 SECTION 2. Section 47.002, Parks and Wildlife Code, is
1-35 amended by adding Subsection (i) to read as follows:
1-36 (i) A person who engages in commercial finfish fishing under
1-37 Subchapter D and who holds a commercial finfish fisherman's license
1-38 issued under Subchapter D and possesses that license on board is
1-39 not required to obtain or possess a general commercial fisherman's
1-40 license.
1-41 SECTION 3. Section 47.007, Parks and Wildlife Code, is
1-42 amended by adding Subsection (f) to read as follows:
1-43 (f) A person who engages in commercial finfish fishing under
1-44 Subchapter D and who holds a commercial finfish fisherman's license
1-45 issued under Subchapter D and possesses that license on board is
1-46 not required to obtain or possess a commercial fishing boat
1-47 license.
1-48 SECTION 4. Section 47.0091, Parks and Wildlife Code, is
1-49 amended to read as follows:
1-50 Sec. 47.0091. PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE FISH
1-51 DEALERS. No wholesale fish dealer may purchase for resale or
1-52 receive for sale, barter, exchange, or any other commercial purpose
1-53 any aquatic product from any person or entity in this state unless
1-54 he purchases the product from the holder of:
1-55 (1) a general commercial fisherman's license;
1-56 (2) a commercial oyster fisherman's license;
1-57 (3) a commercial oyster boat license;
1-58 (4) a wholesale fish dealer's license;
1-59 (5) a fish farmer's license;
1-60 (6) a commercial shrimp boat license;
1-61 (7) a commercial oyster boat captain's license; [or]
1-62 (8) a commercial shrimp boat captain's license;
1-63 (9) a commercial crab fisherman's license; or
1-64 (10) a commercial finfish fisherman's license.
2-1 SECTION 5. Section 47.0111, Parks and Wildlife Code, is
2-2 amended to read as follows:
2-3 Sec. 47.0111. PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
2-4 DEALERS. No retail fish dealer may purchase for resale or receive
2-5 for sale, barter, exchange, or any other commercial purposes any
2-6 aquatic products from any person or entity in this state unless he
2-7 purchases the product from the holder of:
2-8 (1) a wholesale fish dealer's license;
2-9 (2) a general commercial fisherman's license, a
2-10 commercial shrimp boat license, [or] a commercial shrimp boat
2-11 captain's license, a commercial crab fisherman's license, or a
2-12 commercial finfish fisherman's license when the retail fish dealer
2-13 has given written notification to the director or his designee of
2-14 the dealer's intent to purchase aquatic products from the holder of
2-15 a general commercial fisherman's license, a commercial shrimp boat
2-16 license, [or] a commercial shrimp boat captain's license, a
2-17 commercial crab fisherman's license, or a commercial finfish
2-18 fisherman's license; or
2-19 (3) a fish farmer's license.
2-20 SECTION 6. Section 47.012, Parks and Wildlife Code, is
2-21 amended to read as follows:
2-22 Sec. 47.012. PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
2-23 OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
2-24 employee may purchase for consumption by the restaurant's patrons
2-25 on the restaurant's premises any aquatic product from any person or
2-26 entity in this state unless the person purchases the aquatic
2-27 product from the holder of:
2-28 (1) a wholesale fish dealer's license;
2-29 (2) a general commercial fisherman's license;
2-30 (3) a fish farmer's license;
2-31 (4) a commercial shrimp boat license; [or]
2-32 (5) a commercial shrimp boat captain's license;
2-33 (6) a commercial crab fisherman's license; or
2-34 (7) a commercial finfish fisherman's license.
2-35 SECTION 7. Chapter 47, Parks and Wildlife Code, is amended
2-36 by adding Subchapter D to read as follows:
2-37 SUBCHAPTER D. FINFISH LICENSE MANAGEMENT
2-38 Sec. 47.071. FINFISH LICENSE MANAGEMENT PROGRAM. To promote
2-39 efficiency and economic stability in the commercial finfish
2-40 industry and to conserve economically important finfish resources,
2-41 the department shall implement a finfish license management program
2-42 in accordance with proclamations adopted by the commission under
2-43 Chapter 61 and this subchapter.
2-44 Sec. 47.072. DEFINITION. In this subchapter, "license"
2-45 means a commercial license issued in accordance with a proclamation
2-46 under this subchapter that authorizes a person to engage in
2-47 business as a commercial finfish fisherman.
2-48 Sec. 47.073. FINFISH LICENSE MANAGEMENT REVIEW BOARD.
2-49 (a) The license holders under this subchapter shall elect a
2-50 finfish license management review board of nine members.
2-51 (b) A majority of the members of the review board may not be
2-52 residents of the same county.
2-53 (c) The review board shall advise the commission and
2-54 department and make recommendations concerning the administrative
2-55 aspects of the finfish licensing program, including hardship appeal
2-56 cases concerning eligibility, license transfer, license renewal,
2-57 license suspension, and license revocation.
2-58 (d) The executive director shall adopt procedures for the
2-59 operation of the review board and the election and terms of board
2-60 members. The executive director shall solicit and consider
2-61 recommendations regarding these procedures from persons who
2-62 purchased commercial finfish fisherman's licenses after September
2-63 1, 1997, and through December 17, 1998.
2-64 (e) A member of the review board must:
2-65 (1) qualify to obtain a commercial finfish fisherman's
2-66 license under this subchapter; or
2-67 (2) be a person who has knowledge of the commercial
2-68 finfish industry.
2-69 (f) The review board is not subject to Chapter 2110,
3-1 Government Code.
3-2 (g) A member of the review board serves without compensation
3-3 or a per diem allowance.
3-4 Sec. 47.074. LICENSING. (a) No person may engage in
3-5 business as a commercial finfish fisherman unless the person has
3-6 obtained a commercial finfish fisherman's license.
3-7 (b) No person may engage in commercial finfish fishing
3-8 unless the person is aboard a boat operating under a license issued
3-9 by the commission and:
3-10 (1) the person possesses on board the boat:
3-11 (A) a commercial finfish fisherman's license
3-12 issued to the person; or
3-13 (B) a general commercial fisherman's license
3-14 issued to the person, a commercial finfish fisherman's license
3-15 issued to another person, and a copy of an affidavit that:
3-16 (i) authorizes the boat operator to use
3-17 commercial finfish fishing devices owned by the person to whom the
3-18 commercial finfish fisherman's license was issued; and
3-19 (ii) contains the date, the original
3-20 signature of the person to whom the commercial finfish fisherman's
3-21 license was issued, and the commercial finfish fisherman's license
3-22 number that matches the commercial finfish fisherman's license
3-23 plate number on the boat, if the department requires a license
3-24 plate; or
3-25 (2) the person possesses on board a commercial finfish
3-26 fisherman's license or a general commercial fisherman's license,
3-27 and another person possesses on board the documentation described
3-28 by Subdivision (1).
3-29 (c) Beginning September 1, 2000, the department may issue a
3-30 commercial finfish fisherman's license only to a person who
3-31 documents in a manner acceptable to the department that the person
3-32 held a commercial finfish fisherman's license during the period
3-33 after September 1, 1997, through December 17, 1998.
3-34 (d) A proclamation issued under this section shall establish
3-35 a commercial finfish fisherman's license in accordance with the
3-36 provisions of this subchapter.
3-37 Sec. 47.075. LICENSE FEE. The fee for a commercial finfish
3-38 fisherman's license issued under this subchapter is $300 or an
3-39 amount set by the commission, whichever amount is more. All fees
3-40 generated by the issuance of a license under this subchapter are to
3-41 be sent to the comptroller for deposit to the credit of the game,
3-42 fish, and water safety account subject to Section 47.081(d).
3-43 Sec. 47.076. LICENSE RENEWAL. A person seeking to renew a
3-44 license established by this subchapter must have held the license
3-45 during the preceding license year.
3-46 Sec. 47.077. LIMIT ON NUMBER OF LICENSES HELD. (a) A
3-47 person may not hold or directly or indirectly control more than one
3-48 license issued under this subchapter.
3-49 (b) A license issued to a person other than an individual
3-50 must designate an individual in whose name the license is issued.
3-51 Sec. 47.078. EXPIRATION OF LICENSE. A license required by
3-52 this subchapter is valid only during the period for which it is
3-53 issued without regard to the date on which the license is acquired.
3-54 Each period is one year beginning on September 1 or another date
3-55 set by the commission.
3-56 Sec. 47.079. LICENSE TRANSFER. (a) The commission by rule
3-57 may set a fee for the transfer of a license. The amount of the
3-58 transfer fee may not exceed the amount of the license fee.
3-59 (b) The commission shall send all license transfer fees to
3-60 the comptroller for deposit to the credit of the game, fish, and
3-61 water safety account subject to Section 47.081(d).
3-62 (c) The commission by proclamation shall allow a license to
3-63 be transferred beginning not later than September 1, 2002.
3-64 (d) Notwithstanding Subsection (c), a license may be
3-65 transferred at any time to an heir or devisee of a deceased license
3-66 holder but only if the heir or devisee is a person who in the
3-67 absence of a will would be entitled to all or a portion of the
3-68 deceased's property.
3-69 (e) Notwithstanding Subsection (c), a license may be
4-1 transferred at any time to a member of a license holder's immediate
4-2 family. In this subsection, a "member of a license holder's
4-3 immediate family" means a license holder's child, grandchild,
4-4 parent, brother, sister, or spouse.
4-5 Sec. 47.080. LICENSE SUSPENSION AND REVOCATION. (a) The
4-6 executive director, after notice to a license holder and the
4-7 opportunity for a hearing, may suspend a commercial finfish
4-8 fisherman's license if:
4-9 (1) the license holder or any other authorized
4-10 operator of the licensed vessel is convicted of one or more
4-11 flagrant offenses totaling three flagrant offenses involving the
4-12 licensed vessel; or
4-13 (2) the license holder is convicted of theft of
4-14 fishing gear or product associated with this subchapter.
4-15 (b) A suspension under this section may be for:
4-16 (1) six months, if:
4-17 (A) each of the three flagrant offenses occurred
4-18 within a 24-consecutive-month period beginning not earlier than
4-19 September 1, 2000; and
4-20 (B) the license holder has not previously had a
4-21 license suspended under this section;
4-22 (2) 12 months, if each of the three flagrant offenses
4-23 occurred within a 24-consecutive-month period and the license
4-24 holder has previously had a license suspended under this section;
4-25 or
4-26 (3) six months, if the license holder is convicted of
4-27 theft of fishing gear or product associated with this subchapter.
4-28 (c) The executive director, after notice and the opportunity
4-29 for a hearing, may permanently revoke a license issued under this
4-30 subchapter if:
4-31 (1) the license holder has previously had a license
4-32 suspended twice under this section, and the license holder or any
4-33 other authorized operator of the licensed vessel is convicted of
4-34 three flagrant offenses involving the licensed vessel in a
4-35 24-consecutive-month period; or
4-36 (2) the license holder is convicted of theft of
4-37 fishing gear or product associated with this subchapter, and the
4-38 license holder has had a license suspended previously under this
4-39 section.
4-40 (d) The same flagrant offense may not be counted for more
4-41 than one suspension under this section.
4-42 (e) For purposes of this section, a flagrant offense
4-43 includes:
4-44 (1) theft of trotlines or finfish, or any other
4-45 fishing gear or product associated with this subchapter;
4-46 (2) exceeding daily bag and possession limits in
4-47 violation of this code or of a proclamation of the commission
4-48 issued under this code;
4-49 (3) exceeding line and length limits in violation of
4-50 this code or of a proclamation of the commission issued under this
4-51 code;
4-52 (4) selling crabs in violation of this code;
4-53 (5) not removing fishing gear during closed periods as
4-54 required, in violation of this code or of a proclamation of the
4-55 commission issued under this code; or
4-56 (6) taking, attempting to take, or possessing fish
4-57 caught in public waters of this state by any device, means, or
4-58 method other than as authorized under this code or by a
4-59 proclamation of the commission issued under this code.
4-60 Sec. 47.081. LICENSE BUYBACK. (a) The department may
4-61 implement a license buyback program for licenses issued under this
4-62 subchapter as part of the finfish license management program
4-63 established by this subchapter.
4-64 (b) The commission by rule may establish criteria, using
4-65 reasonable classifications, by which the department selects
4-66 licenses to be purchased. The commission may delegate to the
4-67 executive director, for purposes of this section only, the
4-68 authority to develop the criteria through rulemaking procedures,
4-69 but the commission by order must finally adopt the rules
5-1 establishing the criteria. The commission or executive director
5-2 must consult with the finfish license management review board
5-3 concerning establishment of the criteria.
5-4 (c) The commission must retire each license purchased under
5-5 the license buyback program until the commission finds that
5-6 management of the finfish fishery allows reissue of those licenses
5-7 through auction or lottery.
5-8 (d) The department shall set aside at least 20 percent of
5-9 the fees from licenses issued and license transfers approved under
5-10 this subchapter to be used only for the purpose of buying back
5-11 those licenses from a willing license holder. That money shall be
5-12 sent to the comptroller for deposit to the credit of the game,
5-13 fish, and water safety account.
5-14 (e) The department may solicit and accept grants and
5-15 donations of money or materials from private or public sources for
5-16 the purpose of buying back licenses issued under this subchapter
5-17 from a willing license holder.
5-18 (f) Money to be used for the purpose of buying back licenses
5-19 issued under this subchapter is not subject to Section 403.095,
5-20 Government Code.
5-21 Sec. 47.082. LINE LIMITS. (a) Not later than September 1,
5-22 2000, the commission by proclamation issued under this code shall
5-23 authorize the holder of a commercial finfish fisherman's license to
5-24 use up to 20 trotlines not more than 600 feet long, or another
5-25 number and length of line authorized by commission proclamation,
5-26 to take or attempt to take finfish.
5-27 (b) No holder of a commercial finfish fisherman's license
5-28 may possess on board more than the number of lines prescribed by
5-29 this code or by commission proclamation issued under this code.
5-30 Sec. 47.083. CRAB TRAPS. (a) Not later than September 1,
5-31 2000, the commission by proclamation issued under this code shall
5-32 authorize the holder of a commercial finfish fisherman's license to
5-33 use up to 20 crab traps, or a number of traps authorized by
5-34 commission proclamation, for use in commercial fishing for bait
5-35 purposes only.
5-36 (b) This section does not authorize the taking of any
5-37 product for pay or for the purpose of sale, barter, or exchange.
5-38 Sec. 47.084. PROGRAM ADMINISTRATION; RULES. (a) The
5-39 executive director shall establish administrative procedures to
5-40 carry out the requirements of this subchapter.
5-41 (b) The commission shall adopt any rules necessary for the
5-42 administration of the program established under this subchapter.
5-43 (c) The commission shall prescribe all gear marking
5-44 requirements for trotlines and crab traps under this subchapter in
5-45 accordance with Chapter 66.
5-46 Sec. 47.085. DISPOSITION OF FUNDS. Money received for a
5-47 license issued under this subchapter and fines for violations of
5-48 this subchapter shall be remitted to the department by the 10th day
5-49 of the month following the date of collection.
5-50 Sec. 47.086. PROCLAMATION; PROCEDURES. Subchapter D,
5-51 Chapter 61, and Sections 61.054 and 61.055 apply to the adoption of
5-52 proclamations under this subchapter.
5-53 SECTION 8. Section 66.016, Parks and Wildlife Code, is
5-54 amended to read as follows:
5-55 Sec. 66.016. COMMERCIAL FISHING REGULATIONS APPLICABLE IF
5-56 COMMERCIAL PLATES ON BOARD. (a) A person on board a boat licensed
5-57 or required to be licensed for a commercial fishing activity under
5-58 Chapter 47, 76, [or] 77, or 78, or any other chapter of this code
5-59 may not catch and retain any fish species whose sale is prohibited
5-60 when taken from Texas waters. While commercial fishing plates are
5-61 on board, all commercial fishing regulations, size limits, bag
5-62 limits, possession limits, and the prohibited possession of
5-63 noncommercial fish species apply.
5-64 (b) Subsection (a) of this section does not apply to a
5-65 person on board a boat licensed under Chapter 47, 76, [or] 77, or
5-66 78 of this code if no commercial fishing plates are on board.
5-67 While no commercial fishing plates are on board, all recreational
5-68 fishing regulations, size limits, bag limits, and possession limits
5-69 apply.
6-1 SECTION 9. Subsection (f), Section 66.019, Parks and
6-2 Wildlife Code, is amended to read as follows:
6-3 (f) A cash sale ticket must include:
6-4 (1) the name of the seller;
6-5 (2) the general commercial fisherman's license number
6-6 and the commercial finfish fisherman's license number or the
6-7 general commercial fisherman's license number and the commercial
6-8 crab fisherman's license number, as applicable, if the holder of
6-9 the general commercial fisherman's license is selling finfish or
6-10 crabs;
6-11 (3) the general commercial fisherman's license number,
6-12 the commercial crab fisherman's license number, the commercial
6-13 finfish fisherman's license number, the commercial shrimp boat
6-14 captain's license number, the commercial shrimp boat license
6-15 number, or the commercial fishing boat license number of the seller
6-16 or of the vessel used to take the aquatic product, as applicable;
6-17 (4) [(3)] the number of pounds sold by species;
6-18 (5) [(4)] the date of sale;
6-19 (6) [(5)] the water body or bay system from which the
6-20 aquatic products were taken; and
6-21 (7) [(6)] price paid per pound per species.
6-22 SECTION 10. Effective September 1, 2000, Section 66.206,
6-23 Parks and Wildlife Code, is amended by adding Subsection (e) to
6-24 read as follows:
6-25 (e) This section does not apply to a person fishing
6-26 trotlines under a commercial finfish fisherman's license.
6-27 SECTION 11. Not later than September 1, 2000, the Parks and
6-28 Wildlife Department shall implement a finfish license management
6-29 program as provided by Section 47.071, Parks and Wildlife Code, as
6-30 added by this Act. On the effective date of a proclamation issued
6-31 by the Parks and Wildlife Commission under Subchapter D, Chapter
6-32 47, Parks and Wildlife Code, as added by this Act, establishing
6-33 requirements for a commercial finfish fisherman's license under
6-34 that subchapter, Section 47.003, Parks and Wildlife Code, is
6-35 repealed.
6-36 SECTION 12. The Parks and Wildlife Department shall issue a
6-37 written report to the governor and the legislature not later than
6-38 the beginning of the second regular legislative session to convene
6-39 following the implementation of a finfish license management
6-40 program under Subchapter D, Chapter 47, Parks and Wildlife Code, as
6-41 added by this Act. The report shall include an overview of the
6-42 administration and status of the license management program,
6-43 including the biological, social, and economic effects of the
6-44 program.
6-45 SECTION 13. This Act takes effect September 1, 1999.
6-46 SECTION 14. The importance of this legislation and the
6-47 crowded condition of the calendars in both houses create an
6-48 emergency and an imperative public necessity that the
6-49 constitutional rule requiring bills to be read on three several
6-50 days in each house be suspended, and this rule is hereby suspended.
6-51 * * * * *