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Chapter 75 - Cultivated Oyster Mariculture
Section 75.0101. Definitions - Sec. 75.0101. DEFINITIONS. In this chapter: (1) "Broodstock oyster" means...
Section 75.0102. Applicability; Conflict of Laws - Sec. 75.0102. APPLICABILITY; CONFLICT OF LAWS. (a) A structure used...
Section 75.0103. Cultivated Oyster Mariculture Program - Sec. 75.0103. CULTIVATED OYSTER MARICULTURE PROGRAM. (a) The commission shall...
Section 75.0104. Cultivated Oyster Mariculture Permit Required - Sec. 75.0104. CULTIVATED OYSTER MARICULTURE PERMIT REQUIRED. (a) No person...
Section 75.0105. Deposit and Use of Fees; Cultivated Oyster Mariculture Cleanup Subaccount - Sec. 75.0105. DEPOSIT AND USE OF FEES; CULTIVATED OYSTER MARICULTURE...
Section 75.0106. Prohibited Actions - Sec. 75.0106. PROHIBITED ACTIONS. (a) No person may sell or...
Section 75.0107. Penalties - Sec. 75.0107. PENALTIES. (a) For purposes of this section, "final...
Chapter 76 - Oysters
Subchapter A. Public and Private Oyster Beds
Section 76.001. Definitions - Sec. 76.001. DEFINITIONS. In this chapter: (1) "Barrel of oysters"...
Section 76.002. Designation of Public and Private Beds - Sec. 76.002. DESIGNATION OF PUBLIC AND PRIVATE BEDS. (a) All...
Section 76.003. Beds Subject to Location - Sec. 76.003. BEDS SUBJECT TO LOCATION. Except as provided in...
Section 76.004. Riparian Rights - Sec. 76.004. RIPARIAN RIGHTS. (a) The lawful occupant of a...
Section 76.005. Affidavit of Riparian Rights - Sec. 76.005. AFFIDAVIT OF RIPARIAN RIGHTS. (a) The department may...
Section 76.006. Application for Location; Fee - Sec. 76.006. APPLICATION FOR LOCATION; FEE. (a) Any citizen of...
Section 76.007. Maximum Acreage Under Location - Sec. 76.007. MAXIMUM ACREAGE UNDER LOCATION. (a) The department may...
Section 76.008. Lease or Control by Foreign Corporation Prohibited - Sec. 76.008. LEASE OR CONTROL BY FOREIGN CORPORATION PROHIBITED. No...
Section 76.009. Examination and Survey of Location - Sec. 76.009. EXAMINATION AND SURVEY OF LOCATION. (a) On receipt...
Section 76.012. Locator's Certificate - Sec. 76.012. LOCATOR'S CERTIFICATE. (a) The department shall issue to...
Section 76.015. Rights of Locator - Sec. 76.015. RIGHTS OF LOCATOR. (a) The holder of a...
Section 76.017. Location Rental Fees - Sec. 76.017. LOCATION RENTAL FEES. (a) The holder of a...
Section 76.018. Location Rental Term; Renewal; Auction - Sec. 76.018. LOCATION RENTAL TERM; RENEWAL; AUCTION. (a) The term...
Section 76.019. Procedures for Sale or Transfer of Location Rental - Sec. 76.019. PROCEDURES FOR SALE OR TRANSFER OF LOCATION RENTAL....
Section 76.020. Oyster Shell Recovery and Replacement Program - Sec. 76.020. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM. (a) The...
Section 76.0205. Sustainability of Oyster Industry - Sec. 76.0205. SUSTAINABILITY OF OYSTER INDUSTRY. (a) In order to...
Section 76.021. Oyster Shell Recovery and Replacement Program Account; Fee - Sec. 76.021. OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM ACCOUNT; FEE....
Subchapter B. Oyster Permits
Section 76.031. Application for Permit - Sec. 76.031. APPLICATION FOR PERMIT. (a) A person desiring to...
Section 76.032. Discretion to Issue Permit - Sec. 76.032. DISCRETION TO ISSUE PERMIT. The department may issue...
Section 76.033. Conditions of Permit - Sec. 76.033. CONDITIONS OF PERMIT. (a) The department shall require...
Section 76.035. Oysters Property of Permittee - Sec. 76.035. OYSTERS PROPERTY OF PERMITTEE. All oysters taken or...
Section 76.036. Marking Beds - Sec. 76.036. MARKING BEDS. (a) The holder of a permit...
Section 76.037. Theft of Oysters From Private Bed - Sec. 76.037. THEFT OF OYSTERS FROM PRIVATE BED. No person...
Section 76.038. Interference With Buoys or Markers - Sec. 76.038. INTERFERENCE WITH BUOYS OR MARKERS. (a) No person...
Section 76.039. Prohibited Sales - Sec. 76.039. PROHIBITED SALES. (a) No person gathering oysters for...
Section 76.040. Penalties - Sec. 76.040. PENALTIES. (a) Except as otherwise provided by this...
Subchapter C. Oyster Licenses
Section 76.101. Oyster Licenses Required - Sec. 76.101. OYSTER LICENSES REQUIRED. (a) No person may take...
Section 76.102. License Application - Sec. 76.102. LICENSE APPLICATION. (a) An applicant for an oyster...
Section 76.103. Types of Licenses; Period of Validity - Sec. 76.103. TYPES OF LICENSES; PERIOD OF VALIDITY. A commercial...
Section 76.1031. License Expirations and Transfers - Sec. 76.1031. LICENSE EXPIRATIONS AND TRANSFERS. (a) All licenses issued...
Section 76.104. License Fees - Sec. 76.104. LICENSE FEES. (a) Except as provided by Subsection...
Section 76.1041. License Display and Design - Sec. 76.1041. LICENSE DISPLAY AND DESIGN. (a) A commercial oyster...
Section 76.107. Sale of Sport Oysters Prohibited - Sec. 76.107. SALE OF SPORT OYSTERS PROHIBITED. No person may...
Section 76.109. Night Dredging Prohibited - Sec. 76.109. NIGHT DREDGING PROHIBITED. During the open season, no...
Section 76.112. Oyster Size Limits - Sec. 76.112. OYSTER SIZE LIMITS. (a) Repealed by Acts 1997,...
Section 76.114. Exception to Size and Retention Limits - Sec. 76.114. EXCEPTION TO SIZE AND RETENTION LIMITS. (a) The...
Section 76.115. Closing Areas - Sec. 76.115. CLOSING AREAS. (a) The commission may close an...
Section 76.116. Oysters From Restricted Areas - Sec. 76.116. OYSTERS FROM RESTRICTED AREAS. (a) There is no...
Section 76.117. Obedience to Orders - Sec. 76.117. OBEDIENCE TO ORDERS. No person may fail or...
Section 76.118. Penalties - Sec. 76.118. PENALTIES. (a) Except as provided in Subsections (b),...
Section 76.1181. Suspension of License - Sec. 76.1181. SUSPENSION OF LICENSE. (a) For purposes of this...
Section 76.119. Responsibility for Violation - Sec. 76.119. RESPONSIBILITY FOR VIOLATION. (a) If a vessel licensed...
Subchapter E. Oyster Regulations
Section 76.301. Regulation of Taking, Possession, Purchase, and Sale of Oysters - Sec. 76.301. REGULATION OF TAKING, POSSESSION, PURCHASE, AND SALE OF...
Section 76.302. Research Program - Sec. 76.302. RESEARCH PROGRAM. (a) The department shall conduct continuous...
Section 76.303. Sale of Raw Oysters for Consumption Within This State - Sec. 76.303. SALE OF RAW OYSTERS FOR CONSUMPTION WITHIN THIS...
Section 76.304. Vessel Monitoring System - Sec. 76.304. VESSEL MONITORING SYSTEM. (a) The commission by proclamation...
Subchapter F. Oyster License Moratorium
Section 76.401. Oyster License Moratorium Program - Sec. 76.401. OYSTER LICENSE MORATORIUM PROGRAM. The department shall implement...
Section 76.402. Issuance and Renewal of Commercial Oyster Boat Licenses - Sec. 76.402. ISSUANCE AND RENEWAL OF COMMERCIAL OYSTER BOAT LICENSES....
Section 76.403. Oyster License Moratorium Review Board - Sec. 76.403. OYSTER LICENSE MORATORIUM REVIEW BOARD. (a) The holders...
Section 76.404. Program Administration; Rules - Sec. 76.404. PROGRAM ADMINISTRATION; RULES. (a) The director shall establish...
Section 76.405. License Buyback Program - Sec. 76.405. LICENSE BUYBACK PROGRAM. (a) The department shall implement...
Section 76.406. Prevailing Authority - Sec. 76.406. PREVAILING AUTHORITY. A proclamation of the commission under...
Chapter 77 - Shrimp
Subchapter A. General Provisions
Section 77.001. Definitions - Sec. 77.001. DEFINITIONS. In this chapter: (1) "Coastal water" means...
Section 77.002. License Fees - Sec. 77.002. LICENSE FEES. (a) License fees provided in this...
Section 77.003. Disposition of Funds - Sec. 77.003. DISPOSITION OF FUNDS. Money received for licenses issued...
Section 77.004. Research Program - Sec. 77.004. RESEARCH PROGRAM. (a) The department shall conduct continuous...
Section 77.005. Study and Report on Shrimp Industry and Resources - Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND RESOURCES....
Section 77.007. Regulation of Catching, Possession, Purchase, and Sale of Shrimp - Sec. 77.007. REGULATION OF CATCHING, POSSESSION, PURCHASE, AND SALE OF...
Subchapter B. Provisions Generally Applicable to Shrimping
Section 77.011. License Requirement - Sec. 77.011. LICENSE REQUIREMENT. No person may operate in the...
Section 77.014. Method of Taking Count - Sec. 77.014. METHOD OF TAKING COUNT. (a) An authorized employee...
Section 77.015. Gradation and Processing - Sec. 77.015. GRADATION AND PROCESSING. Shrimp found to be of...
Section 77.0191. Retention of Redfish, Speckled Sea Trout, and Lightning Whelks - Sec. 77.0191. RETENTION OF REDFISH, SPECKLED SEA TROUT, AND LIGHTNING...
Section 77.020. Penalty - Sec. 77.020. PENALTY. (a) A person who violates a provision...
Section 77.021. Separate Offense - Sec. 77.021. SEPARATE OFFENSE. Each day on which a violation...
Section 77.022. Responsibility for Violation - Sec. 77.022. RESPONSIBILITY FOR VIOLATION. (a) When a vessel is...
Section 77.024. Operation Without License - Sec. 77.024. OPERATION WITHOUT LICENSE. No person whose license has...
Subchapter C. Shrimp Licenses
Section 77.031. Commercial Bay Shrimp Boat License - Sec. 77.031. COMMERCIAL BAY SHRIMP BOAT LICENSE. (a) No person...
Section 77.033. Commercial Bait-Shrimp Boat License - Sec. 77.033. COMMERCIAL BAIT-SHRIMP BOAT LICENSE. (a) No person may...
Section 77.034. Commercial Gulf Shrimp Unloading License - Sec. 77.034. COMMERCIAL GULF SHRIMP UNLOADING LICENSE. (a) Except as...
Section 77.035. Commercial Gulf Shrimp Boat License - Sec. 77.035. COMMERCIAL GULF SHRIMP BOAT LICENSE. (a) Except as...
Section 77.0351. Commercial Shrimp Boat Captain's License - Sec. 77.0351. COMMERCIAL SHRIMP BOAT CAPTAIN'S LICENSE. (a) No captain...
Section 77.0352. Sale of Catch - Sec. 77.0352. SALE OF CATCH. (a) The holder of a...
Section 77.036. Official Registration - Sec. 77.036. OFFICIAL REGISTRATION. (a) An applicant for a commercial...
Section 77.0361. License Expirations and Transfers - Sec. 77.0361. LICENSE EXPIRATIONS AND TRANSFERS. (a) All licenses issued...
Section 77.037. Transfer of License - Sec. 77.037. TRANSFER OF LICENSE. A commercial gulf shrimp boat...
Section 77.039. License Design - Sec. 77.039. LICENSE DESIGN. (a) A commercial shrimp boat license...
Section 77.040. Other Licenses Required - Sec. 77.040. OTHER LICENSES REQUIRED. (a) A person holding a...
Section 77.043. Bait-Shrimp Dealer License - Sec. 77.043. BAIT-SHRIMP DEALER LICENSE. (a) No person may engage...
Section 77.044. Issuance of Bait-Shrimp Dealer's License - Sec. 77.044. ISSUANCE OF BAIT-SHRIMP DEALER'S LICENSE. (a) The department...
Section 77.045. Rights and Duties of Bait-Shrimp Dealer - Sec. 77.045. RIGHTS AND DUTIES OF BAIT-SHRIMP DEALER. (a) The...
Section 77.046. Exemptions From Bait-Shrimp Dealer's License - Sec. 77.046. EXEMPTIONS FROM BAIT-SHRIMP DEALER'S LICENSE. A bait-shrimp dealer's...
Section 77.048. Individual Bait-Shrimp Trawl License - Sec. 77.048. INDIVIDUAL BAIT-SHRIMP TRAWL LICENSE. (a) No person may...
Subchapter D. Shrimping in Outside Water
Section 77.061. General Closed Season - Sec. 77.061. GENERAL CLOSED SEASON. (a) Except as specifically provided...
Section 77.062. Change in General Closed Season - Sec. 77.062. CHANGE IN GENERAL CLOSED SEASON. Based on sound...
Section 77.063. General Limitation on Nets - Sec. 77.063. GENERAL LIMITATION ON NETS. (a) Repealed by Acts...
Section 77.071. Regulations in Contiguous Zone - Sec. 77.071. REGULATIONS IN CONTIGUOUS ZONE. (a) Repealed by Acts...
Subchapter F. Bay Shrimp License Management
Section 77.111. Shrimp License Management Program - Sec. 77.111. SHRIMP LICENSE MANAGEMENT PROGRAM. For the purposes of...
Section 77.112. Issuance and Renewal of Commercial Bay and Bait Shrimp Boat Licenses - Sec. 77.112. ISSUANCE AND RENEWAL OF COMMERCIAL BAY AND BAIT...
Section 77.113. License Transfer - Sec. 77.113. LICENSE TRANSFER. (a) Except as provided by this...
Section 77.114. Limit on Number of Licenses Held; Designated License Holder - Sec. 77.114. LIMIT ON NUMBER OF LICENSES HELD; DESIGNATED LICENSE...
Section 77.115. Transfer Fee - Sec. 77.115. TRANSFER FEE. The commission may set a fee...
Section 77.116. Length and Engine Limits; Vessel Upgrade - Sec. 77.116. LENGTH AND ENGINE LIMITS; VESSEL UPGRADE. (a) Except...
Section 77.117. License Suspension and Revocation - Sec. 77.117. LICENSE SUSPENSION AND REVOCATION. (a) The executive director,...
Section 77.118. Shrimp License Management Review Board - Sec. 77.118. SHRIMP LICENSE MANAGEMENT REVIEW BOARD. (a) The holders...
Section 77.119. License Buyback Program - Sec. 77.119. LICENSE BUYBACK PROGRAM. (a) The department shall implement...
Section 77.121. Program Administration; Rules - Sec. 77.121. PROGRAM ADMINISTRATION; RULES. (a) The executive director shall...
Section 77.122. Report to Legislature - Sec. 77.122. REPORT TO LEGISLATURE. Not later than January 1,...
Section 77.123. Prevailing Authority - Sec. 77.123. PREVAILING AUTHORITY. A proclamation of the commission under...
Subchapter G. Gulf Shrimp License Moratorium
Section 77.151. Gulf Shrimp License Moratorium Program - Sec. 77.151. GULF SHRIMP LICENSE MORATORIUM PROGRAM. The department shall...
Section 77.152. Issuance and Renewal of Commercial Gulf Shrimp Boat Licenses - Sec. 77.152. ISSUANCE AND RENEWAL OF COMMERCIAL GULF SHRIMP BOAT...
Section 77.153. Gulf Shrimp License Moratorium Review Board - Sec. 77.153. GULF SHRIMP LICENSE MORATORIUM REVIEW BOARD. (a) The...
Section 77.154. Program Administration; Rules - Sec. 77.154. PROGRAM ADMINISTRATION; RULES. (a) The executive director shall...
Chapter 78 - Mussels, Clams, and Crabs
Subchapter A. Mussels and Clams
Section 78.001. Definitions - Sec. 78.001. DEFINITIONS. In this chapter: (1) "Commercial purposes" includes...
Section 78.002. License Required; Fees - Sec. 78.002. LICENSE REQUIRED; FEES. (a) No person may take...
Section 78.003. Shell Buyer License - Sec. 78.003. SHELL BUYER LICENSE. (a) No person may purchase...
Section 78.004. Export Fee - Sec. 78.004. EXPORT FEE. The commission may charge a fee...
Section 78.005. Exemption for Personal Use and Consumption - Sec. 78.005. EXEMPTION FOR PERSONAL USE AND CONSUMPTION. A person...
Section 78.006. Regulation of Taking, Possession, Purchase, and Sale of Mussels and Clams - Sec. 78.006. REGULATION OF TAKING, POSSESSION, PURCHASE, AND SALE OF...
Section 78.007. Unlawful Acts - Sec. 78.007. UNLAWFUL ACTS. A person who violates the provisions...
Subchapter B. Crab License Management
Section 78.101. Crab License Management Program - Sec. 78.101. CRAB LICENSE MANAGEMENT PROGRAM. To promote efficiency and...
Section 78.102. Definitions - Sec. 78.102. DEFINITIONS. In this subchapter: (1) "Crab" means all...
Section 78.103. Crab License Management Review Board - Sec. 78.103. CRAB LICENSE MANAGEMENT REVIEW BOARD. (a) The license...
Section 78.104. Licensing - Sec. 78.104. LICENSING. (a) If the commission adopts one or...
Section 78.105. License Fee - Sec. 78.105. LICENSE FEE. The fee for a license is...
Section 78.106. License Renewal - Sec. 78.106. LICENSE RENEWAL. A person seeking to renew a...
Section 78.107. Limit on Number of Licenses Held - Sec. 78.107. LIMIT ON NUMBER OF LICENSES HELD. (a) A...
Section 78.108. Expiration of License - Sec. 78.108. EXPIRATION OF LICENSE. A license required by this...
Section 78.109. License Transfer - Sec. 78.109. LICENSE TRANSFER. (a) The commission by rule may...
Section 78.110. License Suspension and Revocation - Sec. 78.110. LICENSE SUSPENSION AND REVOCATION. (a) The executive director,...
Section 78.111. License Buyback - Sec. 78.111. LICENSE BUYBACK. (a) The department may implement a...
Section 78.112. Program Administration; Rules - Sec. 78.112. PROGRAM ADMINISTRATION; RULES. (a) The executive director shall...
Section 78.113. Disposition of Funds - Sec. 78.113. DISPOSITION OF FUNDS. Money received for a license...
Section 78.114. Proclamation; Procedures - Sec. 78.114. PROCLAMATION; PROCEDURES. Subchapter D, Chapter 61, and Sections...
Section 78.115. Crab Traps; Removal of Abandoned Traps - Sec. 78.115. CRAB TRAPS; REMOVAL OF ABANDONED TRAPS. (a) In...
Chapter 79 - Extended Fishery Jurisdiction
Section 79.001. Compliance - Sec. 79.001. COMPLIANCE. The department is authorized to cooperate with...
Section 79.002. Authority - Sec. 79.002. AUTHORITY. The department may follow procedures outlined in...
Section 79.003. Suspension of Other Laws - Sec. 79.003. SUSPENSION OF OTHER LAWS. Irrespective of exclusions or...