Tex.
Parks & Wild. Code Section 78.104
Licensing
(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 (Crab Trap Tags);(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.
Source:
Section 78.104 — Licensing, https://statutes.capitol.texas.gov/Docs/PW/htm/PW.78.htm#78.104 (accessed Apr. 20, 2024).
