31 TAC §58.161
The Texas Parks and Wildlife department adopts, on an emergency
basis, an amendment to §58.161, concerning shrimping in outside waters
(Gulf waters of the Texas territorial seas - nine nautical miles). Based on
sound biological data, the executive director has determined that optimum
migration of small brown shrimp from the bays to the Gulf of Mexico will occur
earlier than the established July 15 regulatory opening date. Sound biological
data indicate that most of the shrimp on the Gulf fishing grounds will be
of satisfactory size to achieve maximum benefits from the resource on July
5, 2000.
The purpose of the closed Gulf season is to protect brown shrimp during
their major period of emigration from the bays to the Gulf of Mexico until
they reach a larger, more valuable size before harvest and to prevent waste
caused by the discarding of smaller individuals. The season closed 30 minutes
after sunset, May 11, 2000.
The executive director finds imminent peril to the public welfare which
requires an emergency measure to set an opening date to minimize social and
economic hardship in a depressed industry by opening the season 10 days earlier
than scheduled to obtain optimum yield from the resource.
The amendment is adopted on an emergency basis under authority
of Parks and Wildlife Code §77.062. In April 1978, the Texas Parks and
Wildlife Commission delegated to the executive director the duties and responsibilities
of opening and closing the shrimping season under this section.
§58.161.Shrimping in Outside Waters.
(a)
Gulf net restrictions.
(1)
Except as otherwise provided in this section, no trawls
may have a mesh size smaller than 8 3/4 inches in length between the two most
widely separated knots in any consecutive series of five stretched meshes
after the trawl has been used.
(2)
Except as otherwise provided in this section, the presence
of a shrimp trawl (excluding doors) not stored within the confines of the
hull of a vessel in outside water during the closed periods provided by subsection
(d) of this section is prima facie evidence of a violation of this section.
(3)
In outside waters of more than seven fathoms, an electro-trawl
having an applied voltage of no more than three volts may be used for taking
shrimp.
(4)
There are no restrictions on the number of trawls that
may be used in outside waters except as provided in this section.
(b)
Bag and possession limits. During the gulf open season
there are no bag and possession limits on shrimp.
(c)
Size limits. Shrimp of any size may be retained when caught
lawfully in the outside waters.
(d)
Gulf shrimping seasons. The outside waters are open to
shrimping except:
(1)
Night: the outside waters within seven fathoms are closed
to night shrimping (30 minutes after sunset to 30 minutes before sunrise)
throughout the year;
(2)
Summer closed season:
(A)
The outside waters are closed from 30 minutes after sunset
on May 15 to 30 minutes after sunset July 15.
(B)
The commission may change the opening and closing dates
to provide an earlier, later, or longer season not to exceed 75 days.
(C)
The department will provide 72 hours public notice prior
to a change in the closing date, and 24 hours public notice prior to reopening
the season.
(3)
Winter closed season: the outside waters up to and including
seven fathoms are closed from December 16 through February 1 the following
year, unless taking seabobs.
(4)
Seabob season:
(A)
Seabobs may be taken:
(i)
during daylight hours only (30 minutes before sunrise to
30 minutes after sunset);
(ii)
during the gulf open season; and
(iii)
during the winter closed season.
(B)
No person catching seabobs may catch or have on board a
boat any other species of shrimp which exceed 10%, in weight or number, of
the entire catch.
(C)
Not more than one trawl may be used for taking seabobs.
(D)
Trawl restrictions for taking seabobs:
(i)
Trawl width may not exceed 25 feet as measured along the
corkline from board to board or between extremes of any other spreading device.
(ii)
Mesh size: there are no mesh size restrictions for the
take of seabobs.
(e)
Early Closure of the Gulf Shrimping Season.
The provisions
of subsection (d) (2) (A) of this section are replaced, as follows: the general
closed season for shrimp in outside waters extends from 30 minutes after sunset
on May 11, 2000 to 30 minutes after sunset on July 5, 2000.
[
The
provisions of subsection (d) (2) (A) of this section are replaced, as follows:
the general closed season for shrimp in outside waters extends from 30 minutes
after sunset May 11, 2000 to 30 minutes after sunset July 15, 2000
].
Filed with the Office
of the Secretary of State, on June 30, 2000.
TRD-200004544
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: June 30, 2000
Expiration date: September 18, 2000
For further information, please call: (512) 389-4775