Better Achievement of Optimum Yield
These rules would defer the harvest of small shrimp. Those small shrimp
not harvested as a result of these rules will be available later when they
reach larger sizes. As shrimp become larger and move up in marketable size
(count per pound) classes, on average the price per pound increases by about
15%. For example, if the rules increase the harvest of Texas shrimp by one
size class on average, a $24 million increase in gross revenue (ex-vessel)
would have been realized in 1998. Consequently, the overall impact to the
shrimp fishery as a whole should be positive as the shrimp are harvested at
larger sizes.
Establishment of the 100-count requirement and increasing mesh sizes should
reduce the overall poundage of smaller shrimp harvested by shrimpers. Shrimp
escaping as a result of the count size and increasing mesh size can double
in size in 10-14 days. The resultant increase in shrimp count size will lead
to greater value for product landed.
Increasing the amount of total nursery area will increase the amount of
area closed to any trawling from 12% of all bay waters to 18% of all bay waters.
Reduction of shrimping effort in these areas should result in greater escapement
of shrimp to the Gulf, reduction in bycatch in these areas, and reduced trawling
impacts on the nursery habitat. Providing protection to shrimp in these habitats
should, at a later date, increase the amount of shrimp available in "open"
areas and increase the probability of escapement to the Gulf spawning group.
Shortening the fall bay season by 15 days will have positive biological
benefits by reducing the bag limit during the 15-day period. The bag limit
during the fall bay season is unlimited for a commercial bay shrimping license.
The bag limit is reduced to 200 pounds during this time period while fishing
with a commercial bait shrimp license, thus allowing for greater escapement
of shrimp to the Gulf.
Establishment of a closed area in the Gulf of Mexico from the Corpus Christi
Fish Pass to the Texas-Mexico border from the beach out to 5 nautical miles,
and reduction of overall net size and numbers of trawls from the beach out
to 5 nautical miles on the upper coast, will allow shrimp to grow to larger
and more valuable sizes. Extending the Gulf winter closure should allow additional
shrimp to migrate to the Gulf. In addition, those shrimp would grow to a larger
size and be available for harvest when the Gulf is open in the spring and
summer. These rules should all provide for enhanced opportunity for escapement
and increased spawning. While the net size and number requirements may reduce
efficiency for some vessels fishing inside of 5 nautical miles in the Northern
Shrimp Zone, greater overall benefits should be received throughout the fishery
by harvesting shrimp at larger sizes further offshore and by increased spawning
success.
All liberalized rules should produce an immediate positive fiscal impact
on shrimpers and businesses engaged in the harvest, sale and transport of
shrimp. New seasons and liberalized gear restrictions should provide new harvest
opportunity and increased efficiency. Commercial bait shrimp license holders
will receive more time to harvest baitfish. Increased efficiency also will
be afforded commercial bait shrimp license holders by removing the 50%-shrimp-alive
requirement. Participants in the commercial seabob fishery will increase efficiency
through the use of larger nets, and a new nighttime season on the upper coast
will afford new fishing opportunity to commercial bay shrimp license holders
from February 1 to April 15 each year.
Better Protection
of Other Aquatic Resources
Bycatch reduction devices (BRDs) will reduce the mortality of other aquatic
organisms caused by shrimping, especially juvenile finfish and invertebrates.
Fishing mortality caused by shrimp trawl bycatch will be reduced for recreationally
caught species such as flounder, Atlantic croaker, sand seatrout, and blue
crab. Escapement of other organisms (provided by BRDs) will enhance the overall
viability of the ecosystem and has the potential to increase populations of
finfish and invertebrates caught in trawls. Turtle excluder devices will benefit
the five threatened or endangered sea turtle species found in Texas waters.
All of the area and seasonal closures (discussed earlier) will benefit other
aquatic resources and the human industries that depend on those resources
by reducing bycatch and habitat degradation.
Reducing fishing pressure on shrimp benefits aquatic resources by reducing
adverse habitat effects, such as bycatch, bottom scouring, and turbidity.
Benefits include larger more valuable shrimp available to the inshore and
offshore fishery, enhancement of shrimp spawning stocks, and increased compensation
for the use of public resources.
Mr. Riechers has also determined that for each of the first five years
that the rules as proposed are in effect, the probable economic cost to persons
required to comply with the rule would be as follows:
Increased License Fees.
Increase of shrimping and business license fees will have a direct fiscal
impact on individuals and businesses. Business and shrimping license fee increases
will range from $24 to $100 per license per year, depending on the license.
In addition to the increase in license fees, there are also increases in the
transfer fees with resident and non-resident commercial bay and bait shrimping
licenses. The cost to comply in years 2 to 5 will be the increased cost of
the license above as the gear replacements are a one-time cost and would have
occurred in year one. Implementation of the fee increase is proposed to occur
September 1, 2001.
Cost of New Gear
The additional cost to commercial bay shrimpers for replacing trawls containing
1-1/3-inch mesh with trawls containing 1-1/2-inch mesh should not exceed $20
more per trawl as compared to normal replacement costs of a 1-1/3-inch mesh
trawl. The new mesh size requirement (becomes effective September 1, 2001)
for commercial bay shrimpers should allow for a phase-in time for shrimpers
to obtain new gear, and given replacement schedules for trawls, should reduce
the overall cost of compliance with this requirement.
Federal law currently requires bycatch reduction devices (BRDs) in all
shrimp trawls used in federal waters off Texas. Establishing this requirement
in state law will have a minimal fiscal impact on shrimpers in the Gulf, as
most shrimpers operate at least part of the time in federal waters and are
already required to have the devices. For those who may have been fishing
in only state waters, the proposed devices will cost approximately $20 to
$60 per unit.
BRDs may cause a small loss of shrimp to the commercial shrimper. Studies
on BRDs like those proposed have indicated a potential loss of 0-3% of shrimp
from the trawl. Those shrimp lost via the BRD will be available for harvest
at a later time.
Turtle excluder devices (TEDs) are currently required by federal law in
virtually all shrimp trawls used in inside and outside waters of Texas. Establishing
this requirement in state law will have a minimal fiscal impact on shrimpers
in the Gulf as most who fish in state and federal waters are already required
to have the devices.
The width and number requirements for Gulf trawls in the Northern Shrimp
Zone within 5 nautical miles may create additional cost to shrimpers through
the purchase of new gear. A typical 65-ft trawl with bag will cost approximately
$1,100-$1,200 each. In general, the doors will not have to be upgraded, but,
if they are, they will cost approximately $720-$750 for 8-ft doors; $750-$840
for 9-ft doors; and $800-$1,000 for 10-ft doors. Delayed implementation of
this rule also will allow for phase-in of the new gear in conjunction with
normal gear replacement that reduces the cost to comply. Additionally, the
opportunity to fish outside 5 nautical miles without any increased cost in
gear is available for industry members.
Overall, the estimated additional costs for businesses, small businesses,
and micro-businesses in the first year are: Retail Fish Dealer ($24); Retail
Fish Dealer's Truck ($44); Wholesale Fish Dealer ($100); Wholesale Fish Dealer's
Truck ($100); Bait Shrimp Dealer ($55); Resident and Non-Resident Commercial
Gulf Shrimp Boat: License ($100), Gear (up to $3500: as much as $3400 for
new 65-foot nets and new ten-foot doors), for a total of $3500 (range = $100
to $3500); Resident Commercial Bay Shrimp Boat: License ($100), Gear (up to
$140 for a BRD and new net), for a total of $235; Resident Commercial Bait
Shrimp Boat: License ($95); Non-Resident Commercial Bay: License ($100), gear
up to $140 (BRD, new net); total-$240; Non-Resident Commercial Bait Shrimp
Boats: License ($100). Bay and Bait Shrimping license transfer fees are increased
by $95.
The increases in mesh size, the larger nursery areas, the larger bait bay
area, the shorter seasons, and the minimum count-size limit should allow all
shrimpers to catch larger shrimp that are more valuable per pound. These rules
should allow for increased recruitment of spawning shrimp so that there are
more shrimp to be caught with less effort. Overall, the effect of these proposed
rules should be an economic benefit to shrimpers, rather than an increased
cost. Moreover, the proposed rules should help avert economic demise of the
shrimp fishery. Studies worldwide demonstrate that overfished shrimp stocks
can collapse, and the signs of overfishing in the Texas shrimp fishery are
evident from Texas data. From this perspective, the cost of not adopting these
rules-loss of the shrimp fishery and severe economic disruption for those
who depend on it, directly or indirectly-exceeds the cost of compliance with
the rules.
Effect on Small and Micro-Business
The rules are expected to have a beneficial effect on small and micro-businesses.
All businesses that depend on the shrimp resource will benefit from increasing
the biological health and economic value of the resource, which these proposed
rules are designed to do. The increased license fees are small for any individual
business and the fee payers benefit by an enhanced license buy-back program,
which in turn, along with the proposed regulation changes, will allow harvest
of larger and more valuable shrimp with less effort.
The proposed rules will benefit the public by reversing the overfishing
trends documented in this fishery while striving towards optimum yield, and
should allow for harvest at levels seen previously in the fishery. While the
benefits of the proposed rules can be calculated by a variety of methods,
an estimate of the benefits can be based on an analysis using historical yield
levels. First, in order to account for the variability from year-to-year,
a five-year average of landings from two periods, 1972-76 and 1994-98 will
be used. Using these values, the average landings of shrimp in Texas for the
period 1972-76 were 10,553,660 pounds greater than that for the period from
1994-98. Based on the 1998 average price of $2.35 per pound, if shrimp harvest
of 1972-76 levels is achieved, the results in future years will be an increase
in ex-vessel value (gross value) to the fishery of $24, 801,101 per year.
In the 1998-99 license year, a total of 4,329 commercial bay, bait, and
Gulf licenses were sold in Texas. Dividing $24,801,101 by the 4,329 licenses
indicates that an average additional $5,729 could have been realized per license
sold, had the 1994-98 landings been at the same level as the 1972-76 landings.
Some businesses may hold more than one license, but for the purposes of this
calculation, the benefits and cost of compliance are estimated per license.
As indicated, the estimated increased cost of compliance ranges from $95
to $3,500 in the first year the rules will be in effect. Given these estimated
benefits and costs, the direct benefits in gross revenue per license holder
would be between $2,229 and $5,634 in the first year, if landings are at or
above 1972-76 levels. For years 2 to 5, the cost to comply with the rules
for businesses directly harvesting the resource will range from $95 to $100,
so the increase in gross revenues per license would be approximately $5,629
per year.
Another method to measure the benefits is to examine the effects of increases
in the CPUE to historical levels. The declines of CPUE in the bay and Gulf
are evident. If CPUE rises from the current 3-year average (1996-1998) to
a past 3-year average (1972-1974) for Gulf and bay, the percent increase per
hour of fishing for all shrimp would be 7% for the bays and 48% for the Gulf.
This would represent increased pounds caught for the same level of effort,
before considering any increased value due to larger sizes of shrimp harvested.
For bay brown shrimp alone, an increase in CPUE to the 1972-74 levels would
increase the weight of catch 59% for the same unit of effort expended. The
average CPUE levels in 1972 to 1974 are not the highest level which have been
documented throughout this time period, so CPUE benefits might even exceed
this estimate.
The voluntary license buyback program for commercial bay and bait shrimping
licenses, increased efficiencies, and increases in price per pound of shrimp
harvested resulting from deferred harvest of shrimp will lead to additional
positive benefits to the individual license holder.
The department has not filed a local impact statement with the Texas Workforce
Commission as required by the Administrative Procedures Act, §2001.022,
as the agency has determined that the rule as proposed will not negatively
impact local economies.
The department has determined that there will not be a taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed rules.
Comments are requested on the proposed rule changes from any interested
person. Written comments may be submitted to Paul Hammerschmidt, Coastal Fisheries
Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin,
Texas 78744; (512) 389-4650 or 1(800) 792-1112 extension 4650 (e-mail: paul.hammerschmidt@tpwd.state.tx.us)
by no later than August 20, 2000. Comments may be submitted orally at public
hearings that are scheduled around the state. Please call Mr. Hammerschmidt
or check the TPWD web site, tpwd.state.tx.us, to find the most convenient
hearing.
The amendments are proposed under Parks and Wildlife Code, Chapter
61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which
provides the Commission with authority to establish wildlife resource regulations
for this state; Chapter 66, which provides the Commision with the authority
to regulate the catching possession, purchase, and sale of finfish; Chapter
67, which gives the Commission the authority to establish any limitations
on the take, possession, propagation, transportation, importation, exportation,
sale, and offering for sale of nongame fish and wildlife necessary to manage
those species; Chapter 68, which provides the Commission with the authority
to establish regulations governing the capture, trap, take, kill, possession,
transportation, exportation, sale, and offering for sale of endangered fish
and wildlife; Chapter 47, which authorizes the Commission to establish fees
for commercial fishing licenses; Chapter 77, Shrimp, which provides the Commission
with authority to regulate the catching, possession, purchase, and sale of
shrimp; and Chapter 78, which authorizes the Commission to regulate the catching,
possession, purchase, and sale of mussels, clams, and crabs.
The amendments affect Parks and Wildlife Code, Chapters 47, 61, 66, 67,
68, 77, and 78.
§58.102.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Aquatic products - Any aquatic life, alive or dead, uncooked,
fresh or frozen, which is intended to be used for human consumption or bait.
(2)
Accelerator funnel - a device
used to accelerate the flow of water through a shrimp trawl.
(3)
[
2
] Bait bays - Includes major bays,
Chocolate Bay, West Bay, the Old Brazos River lying north of the Gulf Intracoastal
Waterway in Brazoria County, Copano Bay east of a line running from Rattlesnake
Point to the northeastern boundary of the Bayside township, Nueces Bay from
the bridge at State Highway 181 west to the second overhead power line dissecting
the bay, Upper Laguna Madre, Baffin Bay, Alazan Bay, Carlos Bay, Baroom Bay,
Lower Laguna Madre, and the Gulf Intracoastal Waterway exclusive of all tributaries.
Beginning December 1, 2000 and thereafter, bait bays include major bays, Chocolate
Bay, West Bay south and west of Interstate Highway 45 Causeway bridge and
the Gulf Intracoastal Waterway, Trinity Bay northward from a line extending
from the mouth of Double Bayou in Chambers County to Double Bayou Channel
Marker 14, to Separator C-2, to Point Barrow, Chambers County the Old Brazos
River lying north of the Gulf Intracoastal Waterway in Brazoria County, Upper
Laguna Madre, Baffin Bay, Alazan Bay, Baroom Bay, Lower Laguna Madre including
the Brownsville ship channel, and the Gulf Intracoastal Waterway exclusive
of all tributaries.
(4)
[
(3)
] Bait-shrimp dealer - A person
who operates an established place of business in a coastal county of the state
for compensation or profit for the purpose of handling shrimp caught for use
as bait from the inside water of this state, but does not include a person
holding a wholesale fish dealer's license under Parks and Wildlife Code, §47.009.
(5)
Beam Trawl - A trawl, without
wings, the mouth of which is held open by a rigid beam of wood or metal.
(6)
Bycatch Reduction Device (BRD)
- a device installed in the cod end (tail bag) of a shrimp trawl for the purpose
of excluding finfish from the net.
(7)
Centerline - the seam that
runs along the top center of the trawl. In the absence of a seam, the centerline
runs from the center point of the length of the head rope to the furthest
distance on the top of the cod end of the trawl.
(8)
[
(4)
] Coastal waters - All the salt
water of this state (as defined in §65.3 of this title (relating to Definitions)),
including that portion of the Gulf of Mexico within the jurisdiction of the
state extending nine nautical miles from the Gulf shoreline.
(9)
Cod end (Tailbag) - the end
of a trawl which acts as the receptacle for shrimp and other organisms caught
in the net. It is closed and secured, at the extreme end, with a line.
(10)
[
(5)
] Commercial bait shrimp boat
- A boat that is required to be numbered or registered under the laws of the
United States or of this state and that is used for the purpose of taking
or attempting to take shrimp for use as bait and other aquatic products from
the inside water of the state for pay or for the purpose of sale, barter,
or exchange.
(11)
[
(6)
] Commercial bay shrimp boat
- A boat that is required to be numbered or registered under the laws of the
United States or of this state and that is used for the purpose of taking
or attempting to take shrimp and other aquatic products from the inside water
of the state for pay or for the purpose of sale, barter, or exchange.
(12)
[
(7)
] Commercial gulf shrimp boat
- Any boat that is required to be numbered or registered under the laws of
the United States or of this state and that is used for the purpose of taking
or attempting to take shrimp and other aquatic products from the outside water
of the state for pay or for the purpose of sale, barter, or exchange, or from
salt water outside the state for pay or for the purpose of sale, barter, or
exchange, and that unloads at a port or other point in the state without having
been previously unloaded in another state or foreign country.
(13)
[
(8)
] Contiguous zone - That area
of the Gulf of Mexico lying adjacent to and offshore of the jurisdiction of
the State of Texas and in which shrimp of the
Family Penaeidae
[
genus Penaeus
] are found.
(14)
[
(9)
] Individual bait-shrimp trawl
- A trawl used for the purpose of catching shrimp for personal use.
(15)
[
(10)
] Inside waters - All bays,
inlets, outlets, passes, rivers, streams, and other bodies of water landward
from the shoreline of the state along the Gulf of Mexico and contiguous to,
or connected with, but not a part of, the Gulf of Mexico and within which
the tide regularly rises and falls and in which saltwater shrimp are found
or into which saltwater shrimp migrate.
(16)
[
(11)
] Major bays - The deeper,
major bay areas of the inside water, including Sabine Lake north of Cameron
Causeway, Trinity Bay, Galveston Bay, East Galveston Bay, West Galveston Bay,
Matagorda Bay (including East Matagorda Bay), Tres Palacios Bay south of a
line from Grassey Point to the mouth of Pinkerton Bayou, Espiritu Santo Bay,
Lavaca Bay seaward of State Highway 35, San Antonio Bay seaward of a line
from McDowell Point to Grassey Point to Marker 32 on the Victoria Barge Canal,
Ayres Bay, Carlos Bay, Aransas Bay, Mesquite Bay, and Corpus Christi Bay all
exclusive of tributary bays, bayous, and inlets, lakes and rivers.
Beginning
December 1, 2000 and thereafter Major bays include the deeper, major bay areas
of the inside water, including Sabine Lake north of Cameron Causeway to the
south of a line marked by the Gulf Intracoastal Waterway (Sabine Neches Canal/Sabine
river) between the eastern most tip of Goat Island to the western most tip
of Stewts Island, Trinity Bay southward from a line extending from the mouth
of Double Bayou in Chambers County to Double Bayou Channel Marker 14, to Separator
C-2, to Point Barrow, Chambers County, Galveston Bay, East Bay westward from
a line extending from the entrance of Robinson Bayou south to the tide gauge
at Marsh Point, Matagorda Bay westward of a line extending from the mouth
of Mad Island Cut southward to the mouth of Maverick Bayou on Matagorda Peninsula,
East Matagorda Bay, Tres Palacios Bay south of a line from Grassey Point to
the mouth of Pinkerton Bayou, Espiritu Santo Bay, Lavaca Bay southward of
State Highway 35, San Antonio Bay southward of a line from McDowell Point
to Mosquito Point, Aransas Bay, and Corpus Christi Bay exclusive of the area
bounded by a line extending from the Gulf Intracoastal Waterway at the southwest
point of the Dagger Island chain, along Dagger Island to the southeast tip
of South Ransom Island, then southeast to the westernmost point of land north
of Marker 14 in the Corpus Christi Ship Channel , all exclusive of tributary
bays, bayous, and inlets, lakes and rivers.
(17)
Northern Shrimp Zone - That
portion of outside waters north of the Corpus Christi Fish Pass Jetties from
a line formed by Latitude 27º 40' 34" to the Texas - Louisiana border.
(18)
[
(12)
] Nursery areas - Includes
tributary bays, bayous, inlets, lakes, and rivers, which are proven to serve
as significant growth and development environments for postlarval and juvenile
shrimp not including the outside waters, major bays, or bait bays as defined
in this section.
(19)
Otter Trawl - A funnel-shaped
trawl, with wings, the mouth of which is held open by floats and weights and
spread by trawl doors fastened to the wings.
(20)
[
(13)
] Outside waters - All the
salt water of the state contiguous to and seaward from the shoreline of the
state along the Gulf of Mexico as the shoreline is projected and extended
in a continuous and unbroken line, following the contours of the shoreline,
across bays, inlets, outlets, passes, rivers, streams, and other bodies of
water; and that portion of the Gulf of Mexico extending from the shoreline
seaward and within the jurisdiction of the state.
(21)
[
(14)
] Permanent structure - A
building designed, planned, and constructed so as to remain at one location.
(22)
[
(15)
] Place of business - A permanent
structure on the mainland or a barrier island where aquatic products or orders
for aquatic products are received, or where aquatic products are sold or purchased,
but does not include a vehicle, a boat, or any type of floating device, a
public cold storage vault, or the portion of a structure that is used as a
residence.
(23)
[
(16)
] Possess - The act of having
in possession or control, keeping, detaining, restraining or holding.
(24)
[
(17)
] Second offense and third
and subsequent offenses - Offenses for which convictions have been obtained
within three years prior to the date of the offense charged.
(25)
[
(18)
] Shrimping - The taking or
attempting to take shrimp from the public waters of this state.
(26)
[
(19)
] Shrimp house operator -
A person who operates a shrimp house, plant, or other establishment for compensation
or profit for the purpose of unloading and handling, from commercial gulf
shrimp boats or commercial bay shrimp boats, fresh shrimp and other edible
aquatic products caught or taken from the coastal water of the state or from
salt water outside the state and brought into the state without having been
previously unloaded in another state or foreign country, but does not include
a person holding a wholesale fish dealer's license under Parks and Wildlife
Code, §47.009.
(27)
Southern Shrimp Zone-That
portion of outside waters south of the Corpus Christi Fish Pass Jetties from
a line formed by Latitude 27º 40' 34" southward to the Texas - Mexico
border.
(28)
Tailbag (Cod end) - that portion
of the trawl at which the trawl body taper ends and the straight extension
begins, extending to the terminal end of the trawl.
(29)
[
(20)
] Trawl - A beam trawl or
otter trawl with a bag-shaped net which is used to catch shrimp.
[
(21)
Beam Trawl - A trawl, without
wings, the mouth of which is held open by a rigid beam of wood or metal.]
[
(22)
Otter Trawl - A funnel-shaped
trawl, with wings, the mouth of which is held open by floats and weights and
spread by trawl doors fastened to the wings.]
(30)
Turtle Excluder Device (TED)
- a device designed to be installed in a shrimp trawl forward of the cod end
(tail bag) for the purpose of excluding sea turtles from the net.
§58.160.Taking or Attempting to Take Shrimp (Shrimping) - General Rules
(a)
It is unlawful to:
(1)
take or attempt to take shrimp within the boundaries of
any natural or man-made pass leading from the inside waters to the outside
waters (Gulf of Mexico) of the state;
(2)
use a trawl at a time when shrimping is prohibited;
(3)
possess a trawl of any type or mesh size in an area where
the trawl or mesh size are prohibited. Such trawls may be possessed on vessels
in port or in a marked channel going directly to or from an area where the
use of the trawl is permitted; or
(4)
head shrimp aboard a boat in inside water or dump or deposit
shrimp heads in the inside water.
(b)
A commercial shrimp boat license must be prominently displayed
as to be clearly visible from both sides of the boat.
(c)
All commercial shrimp boats are required to exhibit the
vessel's documentation or registration number on the port and starboard sides
of the deckhouse or hull and on an appropriate weather deck. The number in
block Arabic numerals in contrasting color to the background must be at least
18 inches in height on vessels over 65 feet and ten inches in height for all
other vessels and be permanently attached.
(d)
Gear Measurements: Except as otherwise provided in this
section, all gear measurements are made as follows:
(1)
Otter trawls (main net and try net)-
Total net width
is
measured along an uninterrupted corkline from leading tip of door
to leading tip of door including any and all add-on devices or attachments
to the corkline.
(2)
Beam Trawls (main net and try net) - measured along the
beam of a beam trawl in its fully extended position.
(3)
Doors - measured along the door centerline from the leading
tip to the trailing edge of the door, excluding any add-on devices of any
type.
(4)
Mesh sizes - measured between the two most widely separated
knots in any consecutive series of five stretched meshes after the trawl has
been used, and applies to the trawl, bag and bag liner. Mesh size requirements
do not apply to net material used in any approved excluder device.
(5)
Functional tailbag length -
that portion of the cod end forward of the tail rope tie off rings toward
the mouth of the trawl.
(6)
TED Length: if the webbing
immediately surrounding a hard TED has a mesh size smaller than that allowed
for the trawl for that area or season, such webbing may not extend farther
than 10 stretched meshes forward of the leading edge of the TED nor farther
than 10 stretched meshes rearward of the trailing edge of the TED, not including
the escape flap.
(e)
Bycatch Reduction Device (BRD)
requirements.
(1)
Except as otherwise provided in this section,
beginning September 1, 2001 and thereafter, all shrimp boats must have an
approved BRD installed in each trawl that is rigged for fishing. A trawl is
rigged for fishing if it is in the water, or if it is shackled, tied, or otherwise
connected to any trawl door or board, or to any tow rope, cable, pole or extension,
either on board or attached in any manner to the shrimp boat.
(2)
Exemptions from the BRD requirement- A shrimp
boat is exempt from the BRD requirements of subsection (e)(1) of this section
if it:
(A)
Is fishing under the provisions of a commercial
bait shrimp license as established in §58.164 of this title (relating
to Shrimping in Inside Waters - Commercial Bait Shrimping); or
(B)
Is fishing under the provisions of a individual
bait-shrimp trawl tag as established in §58.165 of this title (relating
to Non-commercial (recreational) Shrimping).
(3)
A single try net that is 21 feet in total width
or less is exempt from the BRD requirement.
(4)
Approved BRDs:
(A)
Fish Eye-like devices (similar to "Fish Eye"
or "Sea Eagle") minimum construction and installation requirements.
(i)
Frame must be constructed of aluminum or steel
rod at least 1/4 inch in diameter.
(ii)
Any dimension of the escape opening must be
at least 5 inches, and the total escape opening area must be at least 36.0
square inches.
(iii)
Beginning of opening may not be placed more
than 20 inches to either side of the centerline of the tailbag.
(iv)
Frame must be installed in the cod end of the
trawl to create an escape opening in the trawl, facing in the direction of
the mouth of the trawl, no further forward than 10 feet from the cod end tie-off
rings.
(v)
Opening may not be placed within 24 inches aft
of the lazy line attachment system (i.e., any mechanism, such as elephant
ears or choker straps, used to attach the lazy line to the cod end).
(vi)
Opening must not be obstructed while trawl
is being towed.
(B)
Extended Funnel devices (similar to "Jones/Davis",
"large mesh", and "Extended Funnel devices") minimum construction and installation
requirements.
(i)
These devices must be attached between the Turtle
Excluder Device (TED) of the trawl and the tailbag, using a functional tailbag
length no longer than 15 feet.
(ii)
Jones-Davis BRD must contain all of the following:
(I)
Webbing extension. The webbing extension must
be constructed from a single piece of No. 30 nylon webbing with a mesh size
of 8-1/4 inches over 5 stretched meshes measuring 42 meshes by 120 meshes.
A tube is formed from the extension webbing by sewing the 42-mesh side together.
(II)
28-inch cable hoop. A single hoop must be constructed
of 1/2-inch steel cable 88 inches in length. The cable must be joined at its
ends by a 3-inch piece of 1/2-inch aluminum pipe and pressed with a 3/8-inch
die to form a hoop. The inside diameter of this hoop must be between 27 and
29 inches. The hoop must be attached to the extension webbing 17-1/2 meshes
behind the leading edge. The extension webbing must be quartered and attached
in four places around the hoop, and every other mesh must be attached all
the way around the hoop using No. 24 twine or larger. The hoop must be laced
with 3/8-inch polypropylene or polyethylene rope for chaffing.
(III)
24-inch hoop. A single hoop must be constructed
of either No. 60 twine 80 inches in length or 3/8-inch steel cable 75-1/2
inches in length. If twine is used, the twine must be laced in and out of
the extension webbing 39 meshes behind the leading edge, and the ends must
be tied together. If cable is used, the cable must be joined at its ends by
a 3-inch piece of 3/8-inch aluminum pipe and pressed together with a 1/4-inch
die to form a hoop. The inside diameter of this hoop must be between 23 and
25 inches. The hoop must be attached to the extension webbing 39 meshes behind
the leading edge. The extension webbing must be quartered and attached in
four places around the hoop, and every other mesh must be attached all the
way around the hoop using No. 24 twine or larger. The hoop must be laced with
3/8-inch polypropylene or polyethylene rope for chaffing.
(IV)
Funnel. The funnel must be constructed from
four sections of 1-1/2-inch heat-set and depth-stretched polypropylene or
polyethylene webbing. The two side sections must be rectangular in shape,
29-1/2 meshes on the leading edge by 23 meshes deep. The top and bottom sections
are 29-1/2 meshes on the leading edge by 23 meshes deep and tapered 1 point
2 bars on both sides down to 8 meshes across the back. The four sections must
be sewn together down the 23-mesh edge to form the funnel.
(V)
Attachment of the funnel in the webbing extension.
The funnel must be installed two meshes behind the leading edge of the extension
starting at the center seam of the extension and the center mesh of the funnel's
top section leading edge. On the same row of meshes, the funnel must be sewn
evenly all the way around the inside of the extension. The funnel's top and
bottom back edges must be attached one mesh behind the 28-inch cable hoop
(front hoop). Starting at the top center seam, the back edge of the top funnel
section must be attached four meshes each side of the center. Counting around
60 meshes from the top center, the back edge of the bottom section must be
attached 4 meshes on each side of the bottom center. Clearance between the
side of the funnel and the 28-inch cable hoop (front hoop) must be at least
6 inches when measured in the hanging position.
(VI)
Cutting the escape openings. The leading edge
of the escape opening must be located within 18 inches of the posterior edge
of the turtle excluder device (TED) grid. The area of the escape opening must
total at least 864 square inches. Two escape openings 10 meshes wide by 13
meshes deep must be cut 6 meshes apart in the extension webbing, starting
at the top center extension seam, 3 meshes back from the leading edge and
16 meshes to the left and to the right (total of four openings). The four
escape openings must be double selvaged for strength.
(VII)
Alternative Method for Constructing the Funnel
and Escape Openings. The following method for constructing the funnel and
escape openings may be used instead of the method described in subclauses
(IV)-(VI) of this clause. With this alternative method, the funnel and escape
openings are formed by cutting a flap in each side of the extension webbing;
pushing the flaps inward; and attaching the top and bottom edges along the
bars of the extension webbing to form the v-shape of the funnel. Minimum requirements
applicable to this method include:
(-a-)
The funnel's top and bottom back edges must
be attached one mesh behind the 28-inch cable hoop (front hoop);
(-b-)
clearance between the side of the funnel and
the 28-inch cable hoop (front hoop) must be at least 6 inches when measured
in the hanging position;
(-c-)
the leading edge of the escape opening must
be located within 18 inches of the posterior edge of the turtle excluder device
(TED) grid; and
(-d-)
the area of the escape opening must total
at least 864 square inches. To construct the funnel and escape openings using
this method, begin 3-1/2 meshes from the leading edge of the extension, at
the top center seam, count over 18 meshes on each side, and cut 13 meshes
toward the back of the extension. Turn parallel to the leading edge, and cut
26 meshes toward the bottom center of the extension. Next, turn parallel to
the top center seam, and cut 13 meshes forward toward the leading edge, creating
a flap of webbing 13 meshes by 26 meshes by 13 meshes. Lengthen the flap to
18 meshes by adding a 4-1/2-mesh by 26-mesh rectangular section of webbing
to the 26-mesh edge. Attach the 18-mesh edges to the top and bottom of the
extension by sewing 2 bars of the extension to 1 mesh on the flap in toward
the top center and bottom center of the extension, forming the exit opening
and the funnel. Connect the two flaps together in the center with a 7-inch
piece of No. 42 twine to allow adequate clearance for fish escapement between
the flaps and the side openings. On each side, sew a 6-mesh by 10-1/2-mesh
section of webbing to 6 meshes of the center of the 26-mesh cut on the extension
and 6 meshes centered between the 13-mesh cuts 3-1/2 meshes from the leading
edge. This forms two 10-mesh by 13-mesh openings on each side.
(VIII)
Cone fish deflector. The cone fish deflector
is constructed of 2 pieces of polypropylene or polyethylene webbing with a
mesh size of 8-1/4 inches over 5 stretched meshes measuring 40 meshes wide
by 20 meshes in length and cut on the bar on each side forming a triangle.
Starting at the apex of the two triangles, the two pieces must be sewn together
to form a cone of webbing. The apex of the cone fish deflector must be positioned
within 10-14 inches of the posterior edge of the funnel.
(IX)
11-inch cable hoop for cone deflector. A single
hoop must be constructed of 5/16-inch or 3/8-inch cable 34-1/2 inches in length.
The ends must be joined by a 3-inch piece of 3/8-inch aluminum pipe pressed
together with a 1/4-inch die. The hoop must be inserted in the webbing cone,
attached 10 meshes from the apex and laced all the way around with heavy twine.
(X)
Installation of the cone in the extension. The
cone must be installed in the extension 12 inches behind the back edge of
the funnel and attached in four places. The midpoint of a piece of No. 60
twine 4 feet in length must be attached to the apex of the cone. This piece
of twine must be attached to the 28-inch cable hoop at the center of each
of its sides; the points of attachment for the two pieces of twine must be
measured 20 inches from the midpoint attachment. Two 8-inch pieces of No.
60 twine must be attached to the top and bottom of the 11-inch cone hoop.
The opposite ends of these two pieces of twine must be attached to the top
and bottom center of the 24-inch cable hoop; the points of attachment for
the two pieces of twine must be measured 4 inches from the points where they
are tied to the 11-inch cone hoop.
(iii)
Extended Funnel (standard size) must contain
all of the following:
(I)
Extension Material. The small-mesh sections
used on both sides of the large-mesh escape section are constructed of No.
30 nylon webbing with a mesh size of 8-1/4 inches over 5 stretched meshes.
The front section is 120 meshes around by 6-1/2 meshes deep. The back section
is 120 meshes around by 23 meshes deep.
(II)
Large-Mesh Escape Section. The large-mesh escape
section is constructed of webbing with a mesh size of 40-50 inches over 5
stretched meshes. This section is cut on the bar to form a section that is
15 inches in length by 95 inches in circumference. The leading edge is attached
to the 6-1/2-mesh extension section and the rear edge is attached to the 23-mesh
extension section.
(III)
Funnel. The funnel is constructed of No. 30
depth-stretched and heat-set polyethylene webbing with a mesh size of 7-1/2
inches over 5 stretched meshes. The circumference of the leading edge is 120
meshes and the back edge is 78 meshes. The short side of the funnel is 34
to 36 inches long and the opposite side of the funnel extends an additional
22 to 24 inches. The circumference of the leading edge of the funnel is attached
to the forward small-mesh section three meshes forward of the large-mesh escape
section and is evenly sewn, mesh for mesh, to the small-mesh section. The
after edge of the funnel is attached to the after small-mesh section at its
top and bottom eight meshes back from the large-mesh escape panel. Seven meshes
of the top and seven meshes of the bottom of the funnel are attached to eight
meshes at the top and bottom of the small-mesh section, such eight meshes
being located immediately adjacent to the top and bottom centers of the small-mesh
section on the side of the funnel's extended side. The extended side of the
funnel is sewn at its top and bottom to the top and bottom of the small-mesh
section, extending at an angle toward the top and bottom centers of the small-mesh
section.
(IV)
Semi-Rigid Hoop. A 30-inch diameter hoop constructed
of plastic-coated trawl cable, swaged together with a 3/8-inch micropress
sleeve, is installed five meshes behind the trailing edge of the large-mesh
escape section. The extension webbing must be laced to the ring around the
entire circumference and must be equally distributed on the hoop, that is,
30 meshes must be evenly attached to each quadrant.
(V)
Installation. The extended funnel BRD is attached
8 inches (20.3 cm) behind the posterior edge of the TED. If it is attached
behind a soft TED, a second semi-rigid hoop, as prescribed in subclause (IV)
of this clause, must be installed in the front section of the BRD extension
webbing at the leading edge of the funnel. The cod end of the trawl net is
attached to the trailing edge of the BRD.
(iv)
Extended Funnel (Inshore Size) must contain
all of the following:
(I)
Extension Material. The small-mesh sections
used on both sides of the large-mesh escape section are constructed of No.
18 nylon webbing with a mesh size of 6-7/8 inches over 5 stretched meshes.
The front section is 120 meshes around by 6-1/2 meshes deep. The back section
is 120 meshes around by 23 meshes deep.
(II)
Large-Mesh Escape Section. The large-mesh escape
section is constructed of webbing with a mesh size of 40-50 inches over 5
stretched meshes. This section is cut on the bar to form a section that is
15 inches by 75 inches in circumference. The leading edge is attached to the
6-1/2-mesh extension section and the rear edge is attached to the 23-mesh
extension section.
(III)
Funnel. The funnel is constructed of with
a mesh size of 6-7/8 inches over 5 stretched meshes, No. 18 depth-stretched
and heat-set polyethylene webbing. The circumference of the leading edge is
120 meshes and the back edge is 78 meshes. The short side of the funnel is
30 to 32 inches long and the opposite side of the funnel extends an additional
20 to 22 inches. The circumference of the leading edge of the funnel is attached
to the forward small-mesh section three meshes forward of the large-mesh escape
section and is evenly sewn, mesh for mesh, to the small-mesh section. The
after edge of the funnel is attached to the after small-mesh section at its
top and bottom eight meshes back from the large-mesh escape panel. Seven meshes
of the top and seven meshes of the bottom of the funnel are attached to eight
meshes at the top and bottom of the small-mesh section, such eight meshes
being located immediately adjacent to the top and bottom centers of the small-mesh
section on the side of the funnel's extended side. The extended side of the
funnel is sewn at its top and bottom to the top and bottom of the small-mesh
section, extending at an angle toward the top and bottom centers of the small-mesh
section.
(IV)
Semi-Rigid Hoop. A 24-inch diameter hoop constructed
of plastic-coated trawl cable, swaged together with a 3/8-inch micropress
sleeve, is installed five meshes behind the trailing edge of the large mesh
section. The extension webbing must be laced to the ring around the entire
circumference and must be equally distributed on the hoop, that is, 30 meshes
must be evenly attached to each quadrant.
(V)
Installation. The extended funnel BRD is attached
8 inches behind the posterior edge of the TED. If it is attached behind a
soft TED, a second semi-rigid hoop, as prescribed in subclause (IV) of this
clause, must be installed in the front section of the BRD extension webbing
at the leading edge of the funnel. The cod end of the trawl net is attached
to the trailing edge of the BRD.
(v)
Expanded Mesh. The expanded mesh BRD is constructed
and installed exactly the same as the standard size extended funnel BRD, except
that one side of the funnel is not extended to form a lead panel.
(f)
Turtle Excluder Device (TED)
requirements.
(1)
Except as otherwise provided in this section,
all shrimp boats fishing in Texas outside waters must have an approved TED
installed in each trawl that is rigged for fishing. A trawl is rigged for
fishing if it is in the water, or if it is shackled, tied, or otherwise connected
to any trawl door or board, or to any tow rope, cable, pole or extension,
either on board or attached in any manner to the shrimp boat.
(2)
Exemptions from the TED requirement. A shrimp
boat is exempt from the TED requirements if it:
(A)
has on board no power or mechanical-advantage
trawl retrieval system (i.e., any device used to haul any part of the trawl
aboard); or
(B)
has only a pusher-head trawl, skimmer trawl,
or wing net rigged for fishing.
(3)
Exempted gear or activities. The following fishing
gear or activities are exempted from the TED requirements:
(A)
A single test net (try net) that is 21 feet
in total width or less, if it is either pulled immediately in front of another
trawl or is not connected to another trawl in any way, if no more than one
test net is used at a time, and if it is not towed as a primary trawl;
(B)
A beam or roller trawl, if the frame is outfitted
with rigid vertical bars, and if none of the spaces between the bars, or between
the bars and the frame, exceeds 4 inches.
(4)
Approved TEDs.
(A)
Hard TEDs. Hard TEDs are TEDs with rigid deflector
grids and are categorized as "hooped hard TEDs," such as the NMFS and Cameron
TEDs, or "single-grid hard TEDs," such as the Matagorda and Georgia TEDs.
Hard TEDs complying with the following generic design criteria are approved
TEDs:
(i)
Construction materials. A hard TED must be constructed
of one or a combination of the following materials, with minimum dimensions
as follows:
(I)
Solid steel rod with a minimum outside diameter
of 1/4 inch;
(II)
Fiberglass or aluminum rod with a minimum outside
diameter of 1/2 inch; or
(III)
Steel or aluminum tubing with a minimum outside
diameter of 1/2 inch and a minimum wall thickness of 1/8 inch (also known
as schedule 40 tubing).
(ii)
Method of attachment. A hard TED must be sewn
into the trawl around the entire circumference of the TED with heavy twine.
(iii)
Angle of deflector bars.
(I)
The angle of the deflector bars must be between
30 degrees and 55 degrees from the normal, horizontal flow through the interior
of the trawl, except:
(II)
In a hard TED with the position of the escape
opening at the bottom of the trawl when the trawl is in its deployed position,
the angle of the deflector bars from the normal, horizontal flow through the
interior of the trawl, at any point, must not exceed 55 degrees, and:
(-a-)
If the deflector bars that run from top to
bottom are attached to the bottom frame of the TED, the angle of the bottom-most
4 inches of each deflector bar, measured along the bars, must not exceed 45
degrees;
(-b-)
If the deflector bars that run from top to
bottom are not attached to the bottom frame of the TED, the angle of the imaginary
lines connecting the bottom frame of the TED to the bottom end of each deflector
bar which runs from top to bottom must not exceed 45 degrees.
(iv)
Space between bars. The space between deflector
bars and between the deflector bars and the frame must not exceed 4 inches.
(v)
Direction of bars. The deflector bars must run
from top to bottom of the TED, as the TED is positioned in the trawl, except
that up to four of the bottom bars and two of the top bars, including the
frame, may run from side to side of the TED.
(vi)
Position of escape opening. The entire width
of the escape opening from the trawl must be centered on and immediately forward
of the frame at either the top or bottom of the trawl when the trawl is in
its deployed position. The escape opening must be at the top of the trawl
when the slope of the deflector bars from forward to aft is upward, and must
be at the bottom when such slope is downward. For a single-grid TED, the escape
opening must be cut horizontally along the same plane as the TED, and may
not be cut in a fore-and-aft direction.
(vii)
Size of escape opening.
(I)
Hooped hard TED. The escape opening must not
be smaller than 25 inches by 25 inches. A door frame may not be used over
the escape opening.
(II)
Single-grid hard TED. The cut in the trawl
webbing for the escape opening cannot be narrower than the outside width of
the grid minus 4 inches on both sides of the grid, when measured as a straight
line width. The resulting escape opening in the trawl webbing must measure
at least 32 inches in horizontal taut length and, simultaneously, 10 inches
in vertical taut height. The vertical measurement must be taken at the midpoint
of the horizontal measurement.
(viii)
Size of hoop or grid.
(I)
Hooped hard TED.
(-a-)
An oval front hoop on a hard TED must have
an inside horizontal measurement of at least 32 inches and an inside vertical
measurement of at least 20 inches.
(-b-)
A circular front hoop on a hard TED must have
an inside diameter of at least 32 inches.
(II)
Single-grid hard TED. A single-grid hard TED
must have an inside horizontal and vertical measurement of at least 28 inches.
The required inside measurements must be at the mid-point of the deflector
grid.
(ix)
Flotation. Flotation is required on all hard
TEDs with bottom escape openings.
(I)
Installation and construction requirements:
(-a-)
floats must be attached to the top one-half
of the TED;
(-b-)
floats may be attached either outside or inside
the trawl;
(-c-)
floats must be attached with heavy twine or
rope;
(-d-)
floats must be constructed of aluminum, hard
plastic, expanded polyvinyl chloride, or expanded vinyl acetate unless otherwise
specified.
(II)
Flotation compliance options. The requirements
of this clause may be satisfied if any of the criteria below are met.
(-a-)
Dimension requirements:
(-1-)
For hard TEDs with a circumference of 120
inches or more, a minimum of either one round, aluminum or hard plastic float,
no smaller than 9.8 inches in diameter, or two expanded polyvinyl chloride
or expanded ethylene vinyl acetate floats, each no smaller than 6.75 inches
in diameter by 8.75 inches in length, must be attached.
(-2-)
For hard TEDs with a circumference of less
than 120 inches, a minimum of either one round, aluminum or hard plastic float,
no smaller than 9.8 inches in diameter, or one expanded polyvinyl chloride
or expanded ethylene vinyl acetate float, no smaller than 6.75 inches in diameter
by 8.75 inches in length, must be attached.
(-b-)
Float buoyancy requirements. Floats of any
size and in any combination must be attached such that the combined buoyancy
of the floats, as marked on the floats, equals or exceeds the weight of the
hard TED, as marked on the TED. The buoyancy of the floats and the weight
of the TED must be clearly marked on the floats and the TED as follows:
(-1-)
Float buoyancy markings. Markings on floats
must be made in clearly legible raised or recessed lettering by the original
manufacturer. The marking must identify the buoyancy of the float in water,
expressed in grams or kilograms, and must include the metric unit of measure.
The marking may additionally include the buoyancy in English units. The marking
must identify the nominal buoyancy for the manufactured float.
(-2-)
TED weight markings. The marking must be made
by the original TED manufacturer and must be permanent and clearly legible.
The marking must identify the in-air, dry weight of the TED, expressed in
grams or kilograms, and must include the metric unit of measure. The marking
may additionally include the weight in English units. The marked weight must
represent the actual weight of the individual TED as manufactured. Previously
manufactured TEDs may be marked upon return to the original manufacturer.
Where a TED is comprised of multiple detachable components, the weight of
each component must be separately marked.
(-c-)
Buoyancy-dimension requirements. Floats of
any size and in any combination, provided that they are marked pursuant to
clause (ix)(II)(-a-) of this subparagraph, must be attached such that the
combined buoyancy of the floats equals or exceeds the following values:
(-1-)
For floats constructed of aluminum or hard
plastic, regardless of the size of the TED grid, the combined buoyancy must
equal or exceed 14 lb. (6.4 kg);
(-2-)
For floats constructed of expanded polyvinyl
chloride or expanded ethylene vinyl acetate, where the circumference of the
TED is 120 inches or more, the combined buoyancy must equal or exceed 20 lb.
(9.1 kg); or
(-3-)
For floats constructed of expanded polyvinyl
chloride or expanded ethylene vinyl acetate, where the circumference of the
TED is less than 120 inches, the combined buoyancy must equal or exceed 10
lb. (4.5 kg).
(B)
Jones TED. The Jones TED must be constructed
of at least 1-1/4 inch outside diameter aluminum or steel pipe, and the pipe
must have a wall thickness of at least 1/8 inch. It must be generally oval
in shape with a flattened bottom. The deflector bars must be attached to the
frame at a 45-degree angle from the horizontal positioning downward and each
bar must be attached at only one end to the frame. The deflector bars must
be attached and lie in the same plane as the frame. The space between the
ends of the bottom deflector bars and the bottom frame bar must be no more
than 3 inches. The spacing between the bottom three deflector bars on each
side must be no greater than 2-1/2 inches. The spacing between all other deflector
bars must not exceed 3-1/2 inches and spacing between ends of opposing deflector
bars also must not exceed 3-1/2 inches. This TED must comply with subparagraph
(A)(ii), (iii), (vi), (vii)(II), (viii)(II), and (ix) of this paragraph with
respect to the method of attachment, the angle of the deflector bars, the
position of the escape opening, the size of the escape opening, the size of
the grid, and flotation.
(C)
Soft TEDs. Soft TEDs are TEDs with deflector
panels made from polypropylene or polyethylene netting. The Parker TED is
the only approved TED. The Parker TED is a soft TED, consisting of a single
triangular panel, composed of webbing of two different mesh sizes, that forms
a complete barrier inside a trawl and that angles toward an escape opening
in the top of the trawl.
(i)
Excluder Panel. The excluder panel of the Parker
TED must be constructed of a single triangular piece of webbing with a mesh
size of 40 inches over 5 stretched meshes and two trapezoidal pieces of webbing
with a mesh size of 20 inches over 5 stretched meshes. The webbing must consist
of No. 48 (3-mm thick) or larger polypropylene or polyethylene webbing that
is heat-set knotted or braided. The leading edge of the triangular panel must
be 36 meshes wide and be tapered on each side with all-bar cuts to converge
on an apex, such that the length of each side is 36 bars. The leading edges
of the trapezoidal panel must be 8 meshes wide and must be cut with all-bar
cuts running parallel to each other, such that the length of the inner edge
is 72 bars and the length of the outer edge is 89 bars and the resulting fore-and-aft
edge is 8 meshes deep. The two trapezoidal panels must be sewn to the triangular
panel to create a single triangular excluder panel. The 72-bar edge of each
trapezoidal panel must be securely joined with twine to one of the 36-bar
edges of the triangular panel, tied with knots at each knot of the trapezoidal
webbing and at least two wraps of twine around each bar of trapezoidal and
the adjoining bar of the 8-inch (20.3-cm) mesh. The adjoining fore-and-aft
edges of the two trapezoidal panels must be sewn together evenly.
(ii)
Limitations on which trawls may have a Parker
TED installed. The Parker TED must not be installed or used in a two-seam
trawl with a tongue, nor in a triple-wing trawl (a trawl with a tongue along
the headrope and a second tongue along the footrope). The Parker TED may be
installed and used in any other trawl if the taper of the body panels of the
trawl does not exceed 4 bars, 1 point and if it can be properly installed
in compliance with subparagraph (C)(iii) of this paragraph.
(iii)
Panel installation:
(I)
Leading edge attachment. The leading edge of
the excluder panel must be attached to the inside of the bottom of the trawl
across a straight row of meshes. For a two-seam trawl or a four-seam, tapered-wing
trawl, the row of meshes for attachment to the trawl must run the entire width
of the bottom body panel, from seam to seam. For a four-seam, straight-wing
trawl, the row of meshes for attachment to the trawl must run the entire width
of the bottom body panel and half the height of each wing panel of the trawl.
Every mesh of the leading edge of the excluder panel must be evenly sewn to
this row of meshes; meshes may not be laced to the trawl.
(II)
Apex attachment. The apex of the triangular
excluder panel must be attached to the inside of the top body panel of the
trawl at the centerline of the trawl.
(III)
Side attachment. The sides of the excluder
panel must be attached evenly to the inside of the trawl from the outside
attachment points of the excluder panel's leading edge to the apex of the
excluder panel. Each side must be sewn with the same sewing sequence, and,
if the sides of the excluder panel cross rows of bars in the trawl, the crossings
must be distributed evenly over the length of the side attachment.
(iv)
Escape opening for the Parker soft TED must
be a longitudinal cut and meet the following specifications. A slit at least
56 inches in taut length must be cut along the centerline of the top body
panel of the trawl immediately forward of the apex of the panel webbing. The
slit must not be covered or closed in any manner. The edges and end points
of the slit must not be reinforced in any way; for example, by attaching additional
rope or webbing or by changing the orientation of the webbing.
(D)
Allowable modifications to hard TEDs and special
hard TEDs. Unless otherwise prohibited in subparagraph (B) of this paragraph,
only the following modifications may be made to an approved hard TED or an
approved special hard TED:
(i)
Floats. In addition to floats required pursuant
to subparagraph (A)(ix) of this paragraph, floats may be attached to the top
one-half of the TED, either outside or inside the trawl, but not to a flap.
Floats attached inside the trawl must be behind the rear surface at the top
of the TED.
(ii)
Accelerator funnel. An accelerator funnel may
be installed in the trawl, if it is made of net webbing material with a stretched
mesh size not greater 8-1/4 inches over a series of 5 stretched meshes if
it has an inside horizontal opening of at least 39 inches when measured in
a taut position, if it is inserted in the trawl immediately forward of the
TED, and if its rear edge does not extend past the bars of the TED. The trailing
edge of the accelerator funnel may be attached to the TED on the side opposite
the escape opening if not more than 1/3 of the circumference of the funnel
is attached, and if the inside horizontal opening of at least 39 inches is
maintained. In a bottom-opening TED, only the top 1/3 of the circumference
of the funnel may be attached to the TED. In a top-opening TED, only the bottom
1/3 of the circumference of the funnel may be attached to the TED.
(iii)
Webbing flap. A webbing flap may be used to
cover the escape opening under the following conditions: No device holds it
closed or otherwise restricts the opening; it is constructed of webbing with
a stretched mesh size not greater 8-1/4 inches over a series of 5 stretched
meshes; it lies on the outside of the trawl; it is attached along its entire
forward edge forward of the escape opening; it is not attached on the sides
beyond the row of meshes that lies 6 inches behind the posterior edge of the
grid; and it does not extend more than 24 inches beyond the posterior edge
of the grid, except for boats fishing with a hard TED with the position of
the escape opening at the bottom of the trawl when the trawl is in its deployed
position, in which case the webbing flap must not extend beyond the posterior
edge of the grid.
(iv)
Chafing webbing. A single piece of nylon webbing,
with a twine size no smaller than size 36 (2.46 mm in diameter), may be attached
outside of the escape opening webbing flap to prevent chafing on bottom opening
TEDs. This webbing may be attached along its leading edge only. This webbing
may not extend beyond the trailing edge or sides of the existing escape opening
webbing flap, and it must not interfere or otherwise restrict the turtle escape
opening.
(v)
Roller gear. Roller gear may be attached to
the bottom of a TED to prevent chafing on the bottom of the TED and the trawl
net. When a webbing flap is used in conjunction with roller gear, the webbing
flap must be of a length such that no part of the webbing flap can touch or
come in contact with any part of the roller gear assembly or the means of
attachment of the roller gear assembly to the TED, when the trawl net is in
its normal, horizontal position. Roller gear must be constructed according
to one of the following design criteria:
(I)
A single roller consisting of hard plastic shall
be mounted on an axle rod, so that the roller can roll freely about the axle.
The maximum diameter of the roller shall be 6 inches, and the maximum width
of the axle rod shall be 12 inches. The axle rod must be attached to the TED
by two support rods. The maximum clearance between the roller and the TED
shall not exceed 1 inch at the center of the roller. The support rods and
axle rod must be made from solid steel or solid aluminum rod no larger than
1/2 inch in diameter. The attachment of the support rods to the TED shall
be such that there are no protrusions (lips, sharp edges, burrs, etc.) on
the front face of the grid. The axle rod and support rods must lie entirely
behind the plane of the face of the TED grid.
(II)
A single roller consisting of hard plastic
tubing shall be tightly tied to the back face of the TED grid with rope or
heavy twine passed through the center of the roller tubing. The roller shall
lie flush against the TED. The maximum outside diameter of the roller shall
be 3-1/2 inches, the minimum outside diameter of the roller shall be 2 inches,
and the maximum length of the roller shall be 12 inches. The roller must lie
entirely behind the plane of the face of the grid.
(g)
[
(e)
] Other aquatic life taken incidental
to legal shrimping operations.
(1)
Licensed Commercial Shrimp Boats.
(A)
Other aquatic life taken incidental to legal shrimping
operations may not be retained except as provided in these rules. [
The
term "legal shrimping operations" is defined as the use of a legal trawl in
places, at times, and in manners as authorized by the department
].
(B)
On board a licensed commercial shrimp boat a catch of finfish
or other aquatic life, in any combination, may be retained in an amount not
to exceed 50% by weight of the total trawl catch of shrimp by weight.
(i)
Within the provision provided in this subparagraph, species
regulated by bag and size limits [
under provisions of
] by proclamation
of the Parks and Wildlife Commission may not be retained in numbers in excess
of the
recreational
daily bag limit established for those species
, and may not be retained in protected length limits established for those
species
.
(ii)
From
May 1
[
June 1
] through September
30 of each year, in addition to the provision of subparagraph (B) of this
paragraph:
(I)
up to 1,500 live non-game fish, not regulated by bag or
size limits, may be retained on board a licensed commercial bait-shrimp boat
for bait purposes only; and
(II)
up to 3,600 (300 dozen) Atlantic cutlassfish (Trichiurus
lepturus) (also known as ribbonfish) may be retained on board a licensed commercial
bait-shrimp boat for bait purposes only.
[
(III)
The provisions of this clause
will expire September 1, 2001.]
(2)
Non-commercial shrimping. A person using an individual
bait shrimp trawl for non-commercial purposes may retain for bait purposes
only up to 200 non-game fish, not regulated by bag or size limits.
§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.
From December 1, 2000 and thereafter, In outside waters beyond
5 nautical miles, 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
; from
December 1, 2000 and thereafter, no more than 2 trawls may be used in outside
waters in that portion of the Northern Shrimp Zone from the shoreline out
to 5 nautical miles.
(5)
Beginning December 1, 2000
and thereafter, except as otherwise provided in this section, in that portion
of the Northern Shrimp Zone from the shoreline out to 5 nautical miles, the
main trawl:
(A)
must have doors at least 3 feet long as measured
along the door centerline from leading tip to the trailing edge of the door;
and
(B)
must not exceed any of the following dimensions,
as measured along an uninterrupted corkline from leading tip of door to leading
tip of door including any and all add-on devices or attachments to the corkline:
Figure 1: 31 TAC §58.161(a)(5)(B)
(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)
From December 1, 2000 and thereafter,
that portion of the Southern Shrimp Zone from the shoreline out to 5 nautical
miles is closed to shrimping throughout the year.
(2)
[
(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
; from December 1, 2000
and thereafter, that portion of the Northern Shrimp Zone from the shoreline
out to 5 nautical miles is closed to night shrimping (30 minutes after sunset
to 30 minutes before sunrise)
.
(3)
[
(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.
(4)
[
(3)
] Winter closed season: the
outside waters up to and including seven fathoms are closed from
December
1 through February 15
[
December 16 through February 1
] the
following year, unless taking seabobs.
From December 1, 2000 and thereafter,
the outside waters in that portion of the Northern Shrimp Zone from the shoreline
out to 5 nautical miles are closed from December 1 through February 15 the
following year unless taking seabobs.
(5)
[
(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
any of the following dimensions,
as measured along an uninterrupted corkline from leading tip of door including
any and all add-on devices or attachments to the corkline
[
25 feet
as measured along the corkline from board to board or between extremes of
any other spreading device.
].
Figure 2: 31 TAC §58.161(d)(5)(D)(i)
(ii)
Mesh size:
trawls used for seabobs must have a mesh
size of 6 1/2 inches in length between the two most widely separated knots
in a consecutive series of five stretched meshes after the trawl has been
used
[
there are no mesh size restrictions for the take of seabobs
].
(E)
Beginning December 1, 2000
and thereafter, seabobs may be taken in the Northern Shrimp Zone and in the
Southern Shrimp Zone outside of 5 nautical miles, and under the provisions
of subparagraph (A) (i) - (ii) of this paragraph.
§58.163.Shrimping in Inside Waters - Commercial Bay Shrimping
(a)
General rules.
(1)
Open waters - commercial bay shrimp boats may shrimp only
in major bays.
(2)
It is unlawful for any person:
(A)
aboard a vessel licensed as a commercial bay shrimp boat
to off-load, transfer, sell, or barter any amount of live or dead shrimp to
a person aboard another vessel; or
(B)
aboard a vessel to off-load, transfer, purchase or barter
from a person aboard a vessel licensed as a commercial bay shrimp boat any
amount of live or dead shrimp.
(b)
Spring open season.
(1)
The spring open season extends from May 15 through July
15 in major bays only.
(2)
Legal shrimping hours: 30 minutes before sunrise to 2:00
p.m.
(3)
Bag and possession limits: No more than 600 pounds of whole
shrimp per day may be taken or possessed on board.
(4)
Size limits: Shrimp of any size may be retained when caught
lawfully during spring open season in inside waters.
From December 1,
2000 and thereafter, the legal shrimp count is 100 heads on per pound.
(5)
Net restrictions.
(A)
Try nets.
(i)
A trawl used as a try net may not exceed 21 feet in total
width.
(ii)
Try net trawl doors or boards may not exceed 450 square
inches each.
(iii)
A beam trawl used as a try net may not exceed ten feet
in width.
(B)
Main trawl:
(i)
must have doors at least three feet long as measured along
the door centerline from leading tip to the trailing edge of the door; and
(ii)
must not exceed any of the following dimensions, as measured
along an uninterrupted corkline from leading tip of door to leading tip of
door including any and all add-on devices or attachments to the corkline:
Figure 1: 31 TAC §58.163(b)(5)(B)(ii)
(C)
A beam trawl used as a main trawl may not exceed 25 feet
in total width.
(D)
Mesh size may not be less than 6 1/2 inches in length between
the two most widely separated knots in any consecutive series of five stretched
meshes after the trawl has been used.
From September 1, 2001 and thereafter
mesh size may not be less than 7-1/2 inches in length between the two most
widely separated knots in any consecutive series of five stretched meshes
after the trawl has been used.
(c)
Fall open season.
(1)
The fall open season extends from August 15 through
November 30
[
December 15
] in major bays only.
(2)
Legal shrimping hours: 30 minutes before sunrise to 30
minutes after sunset.
(3)
Bag and possession limits are not restricted.
(4)
Size limits:
(A)
From August 15 through October 31, the legal shrimp count
is 50 heads on per pound.
(B)
From November 1 through December 15 there are no count
or size requirements.
(C)
Effective beginning December
1, 2000 and thereafter, the legal shrimp count is 100 heads-on shrimp per
pound from November 1 through November 30.
(5)
Net restrictions.
(A)
Try nets.
(i)
A trawl used as a try net may not exceed 21 feet in total
width.
(ii)
Try net trawl doors or boards may not exceed 450 square
inches each.
(iii)
A beam trawl used as a try net may not exceed ten feet
in width.
(B)
Main trawl may not exceed 95 feet in total width.
(C)
Mesh size in the main trawl:
(i)
Mesh size may not be less 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, EXCEPT:
(ii)
from November 1 through December 15, mesh size may not
be less than 6 1/2 inches in length between the two most widely separated
knots in any consecutive series of five stretched meshes after the trawl has
been used.
(iii)
from September 1, 2001 and
thereafter, mesh size may not be less 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.
(d)
Winter open season.
(1)
The winter open season extends from February 1 through
April 15 in major bays only [
south of the Colorado River
].
(2)
Legal shrimping hours:
(A)
South of the Colorado River:
30 minutes after sunset to 30 minutes before sunrise;
(B)
North of the Colorado River:
1 a.m. to 30 minutes before sunrise.
(3)
Bag and possession limits are not restricted.
(4)
Size limits: Shrimp of any size may be retained when caught
lawfully during winter open season in inside waters.
(5)
Net restrictions.
(A)
Try nets.
(i)
A trawl used as a try net may not exceed 21 feet in total
width.
(ii)
Try net trawl doors or boards may not exceed 450 square
inches each.
(iii)
A beam trawl used as a try net may not exceed ten feet
in width.
(B)
Main trawl:
(i)
must have doors at least three feet long as measured along
the door centerline from leading tip to the trailing edge of the door; and
(ii)
must not exceed any of the following dimensions, as measured
along an uninterrupted corkline from leading tip of door to leading tip of
door including any and all add-on devices or attachments to the corkline:
Figure 2: 31 TAC §58.163(d)(5)(B)(ii)
(C)
A beam trawl used as a main trawl may not exceed 25 feet
in total width.
(D)
Mesh size may not be less than 6 1/2 inches in length between
the two most widely separated knots in any consecutive series of five stretched
meshes after the trawl has been placed in use.
From September 1, 2001
and thereafter mesh size may not be less than 7 1/2 inches in length between
the two most widely separated knots in any consecutive series of five stretched
meshes after the trawl has been placed in use.
§58.164.Shrimping in Inside Waters - Commercial Bait Shrimping
(a)
General rules.
(1)
A person who has on board or displays a commercial bait-shrimp
boat license must operate only under the bait-shrimp rules of this section.
(2)
Open waters: commercial bait shrimp boats may shrimp only
in bait bays and major bays, except as otherwise provided in this subchapter.
(3)
It is unlawful for any person:
(A)
aboard a vessel licensed as a commercial bait-shrimp boat
to off-load, transfer, sell, or barter any amount of live or dead shrimp,
except an amount of live or dead shrimp not to exceed two quarts per sport
fisherman or one gallon (by volume) for two or more sport fishermen may be
off-loaded, transferred, sold or bartered to a person aboard a sport fishing
vessel; or
(B)
aboard a vessel to off-load, transfer, purchase, or barter
from a person aboard a vessel licensed as a commercial bait-shrimp boat any
amount of live or dead shrimp, except a person aboard a sport fishing vessel
may off-load, transfer, purchase, or barter an amount of live or dead shrimp
not to exceed two quarts per sport fisherman or one gallon (by volume) for
two or more sport fishermen.
(b)
Commercial bait-shrimp season.
(1)
Commercial bait-shrimp season is open year-round.
(2)
Legal shrimping hours.
(A)
From August 15 through March 31 legal shrimping hours are
30 minutes before sunrise 30 minutes after sunset.
(B)
From April 1 through August 14 legal shrimping hours are
30 minutes before sunrise to 2:00 p.m.
(C)
In the Gulf Intracoastal Waterway between markers 17 and
57 in the Laguna Madre in Nueces County, bait-shrimp may be taken only from
1:00 a.m. to 30 minutes before sunrise each day.
(c)
Bag and possession limits.
(1)
No more than 200 pounds of whole shrimp per day may be
taken or possessed on board.
(2)
[
At least 50% of the on-board catch must be kept in
a live condition, except during the period August 16 through November 14.
]
[
(3)
]
All shrimp on board must have heads attached.
(d)
Size limits Size limits: Shrimp of any size may be retained
when caught lawfully during commercial bait-shrimp operations in inside waters.
From December 1, 2000 and thereafter, the legal shrimp count is 100 heads-on
shrimp per pound.
(e)
Net restrictions.
(1)
Try nets.
(A)
A trawl used as a try net may not exceed 12 feet in total
width.
(B)
Try net trawl doors or boards may not exceed 450 square
inches each.
(C)
A beam trawl used as a try net may not exceed five feet
in width.
(2)
Main trawl:
(A)
must have doors at least three feet long as measured along
the door centerline from leading tip to the trailing edge of the door; and
(B)
must not exceed any of the following dimensions, as measured
along an uninterrupted corkline from leading tip of door to leading tip of
door including any and all add-on devices or attachments to the corkline:
Figure 1: 31 TAC §58.164(e)(2)(B)
(C)
A beam trawl used as a main trawl may not exceed 25 feet
in total width.
(3)
Mesh size may not be less than 6 1/2 inches in length between
the two most widely separated knots in any consecutive series of five stretched
meshes after the trawl has been placed in use.
(4)
In the Gulf Intracoastal Waterway between markers 17 and
57 (as indicated on the most current United States Coastal Survey Charts on
the effective date of these rules) in the Laguna Madre in Nueces County, bait-shrimp
may be taken with a legal beam trawl only.
§58.165.Non-commercial (recreational) Shrimping
(a)
General rules.
(1)
It is unlawful for any person:
(A)
to take or attempt to take non-commercial shrimp in coastal
waters by any means except an individual bait-shrimp trawl, cast net, or minnow
seine not larger than 20 feet in length that is manually operated without
the use of any mechanical means or devices;
(B)
to buy, sell, offer for sale, or handle in any way for
profit non-commercial shrimp caught with an individual bait-shrimp trawl,
cast net, or minnow seine not larger than 20 feet; or
(C)
to possess or have on board more than one individual bait-shrimp
trawl.
(2)
Net restrictions - Individual bait-shrimp trawls.
(A)
Trawls may not exceed 20 feet in width as measured between
the doors and along the uninterrupted corkline, including any and all add-on
devices or attachments to the corkline.
(B)
Trawl doors or boards may not exceed 450 square inches
each.
(C)
Mesh size may not be less 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 placed in use.
(b)
Shrimping for personal use and bait - Outside waters.
(1)
Open waters - the outside waters are open to shrimping
except:
(A)
Night: the outside waters within seven fathoms are closed
to night shrimping (30 minutes after sunset to 30 minutes before sunrise)
throughout the year
; from December 1, 2000 and thereafter, that portion
of the Northern Shrimp Zone from the shoreline out to 5 nautical miles is
closed to night shrimping (30 minutes after sunset to 30 minutes before sunrise).
(B)
From December 1, 2000 and thereafter,
that portion of the Southern Shrimp Zone from the shoreline out to 5 nautical
miles is closed to shrimping throughout the year.
(C)
[
(B)
] Summer closed season.
(i)
The outside waters are closed from 30 minutes after sunset
on May 15 to 30 minutes after sunset July 15.
(ii)
The commission may change the opening and closing dates
to provide an earlier, later, or longer season not to exceed 75 days.
(iii)
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.
(D)
[
(C)
] Winter closed season: the
outside waters up to and including seven fathoms are closed
from December
1 through February 15
[
December 16 through February 1
] the
following year
; from December 1, 2000 and thereafter, the outside waters
in that portion of the Northern Shrimp Zone from the shoreline out to 5 nautical
miles are closed from December 1 through February 15 the following year.
(2)
Bag and possession limits.
(A)
Personal use: No more than 100 pounds of shrimp (in their
natural state with heads attached) per day may be taken or possessed on board.
(B)
Bait: No more than two quarts of shrimp (in their natural
state with heads attached) per person or four quarts of shrimp per boat may
be on board or possessed.
(3)
Size limits: shrimp of any size may be retained when caught
lawfully in the outside waters.
(c)
Shrimping for personal use - Inside waters.
(1)
Open waters. Major bays only are open to taking of shrimp
for food for personal use.
(2)
Spring open season.
(A)
The spring open season extends from May 15 through July
15.
(B)
Legal shrimping hours: 30 minutes before sunrise to 2:00
p.m.
(C)
Bag and possession limits: No more than 15 pounds of shrimp
(in their natural state with heads attached) per person per day may be taken
or possessed on board.
(D)
Size limits: Shrimp of any size may be retained when caught
lawfully during spring open season in inside waters.
From December 1,
2000 and thereafter the legal shrimp count is 100 heads on per pound.
(3)
Fall open season.
(A)
The fall open season extends from August 15 through
November 30
[
December 15
].
(B)
Legal shrimping hours: 30 minutes before sunrise to 30
minutes after sunset.
(C)
Bag and possession limits: No more than 15 pounds of shrimp
(in their natural state with heads attached) per person per day may be taken
or possessed on board.
(D)
Size limits. :
(i)
From August 15 through October 31, the legal shrimp count
is 50 heads on per pound.
(ii)
From November 1 through December 15 there are no count
or size requirements.
(iii)
Effective beginning December
1, 2000 and thereafter, the legal shrimp count is 100 heads on per pound from
November 1 through November 30.
(d)
Shrimping for bait - Inside waters.
(1)
Open waters: Bait bays and major bays only are open to
taking of shrimp for bait.
(2)
Non-commercial bait-shrimp season. Bait bays and major
bays are open year-round for non-commercial bait shrimping.
(3)
Legal shrimping hours.
(A)
From August 15 through March 31 legal shrimping hours are
30 minutes before sunrise to 30 minutes after sunset.
(B)
From April 1 through August 14 legal shrimping hours are
30 minutes before sunrise to 2:00 p.m.
(4)
Bag and possession limits: No more than two quarts of shrimp
(in their natural state with heads attached) per person or four quarts of
shrimp per boat may be on board or possessed.
(5)
Size limits: Shrimp of any size may be retained when caught
lawfully for bait in the in inside waters.
From December 1, 2000, the
legal shrimp count is 100 heads on per pound.
This agency hereby certifies that the proposal 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 3, 2000.
TRD-200004603
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 13, 2000
For further information, please call: (512) 389-4775