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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) If the commission adopts one or more licenses to be issued under this subchapter, a person may not engage in commercial crab fishing without a license adopted by the commission. If the commission adopts a commercial crab boat license to be issued under this subchapter, a person may not operate a boat for the purpose of commercial crab fishing without having a boat license as prescribed by the commission.
(b) A proclamation under this section requiring a license must contain findings by the commission that support the need for the proclamation. In determining the need for a license requirement, the commission shall consider:
(1) measures to prevent waste or depletion of crabs while achieving, on a continuing basis, the optimum yield for the fishery;
(2) the best scientific information available;
(3) the effect a licensing program would have on the management of crabs throughout the jurisdictional range;
(4) the need to promote, where practicable, efficiency in using crabs; and
(5) the need to enhance enforcement.
(c) A proclamation issued under this section may:
(1) establish a license that is issued to a person, to a person and limited to a vessel, or to a person according to the equipment used in commercial crab fishing, including issuing tags for crab traps placed in public waters under Section 66.018;
(2) establish eligibility requirements for a license, including the use of historical participation in the industry or participation in the industry after August 31, 1995, and before November 14, 1996;
(3) establish requirements for license transfer;
(4) prohibit license transfer during certain time periods; and
(5) establish a lottery or an auction for issuing licenses.
Cite this article: FindLaw.com - Texas Parks and Wildlife Code - PARKS & WILD § 78.104. Licensing - last updated January 01, 2024 | https://codes.findlaw.com/tx/parks-and-wildlife-code/parks-wild-sect-78-104/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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