TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

Chapter 58. OYSTERS AND SHRIMP

Subchapter B. STATEWIDE SHRIMP FISHERY PROCLAMATION

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 8, 2001.

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 15, 2001.

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 7 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)-(c) (No change.)

(d) Gulf shrimping seasons. The outside waters are open to shrimping except:

(1)-(5) (No change.)

(6) Early Opening of the Gulf Shrimping Season. The provisions of paragraph (3)(A) of this subsection are replaced, as follows: the general closed season for shrimp in outside waters extends from 30 minutes after sunset on May 15, 2001 to 30 minutes after sunset on July 8, 2001.

This agency hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 2, 2001.

TRD-200103740

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Effective date: July 2, 2001

Expiration date: September 20, 2001

For further information, please call: (512) 389-4775