Texas Register
(25 TexReg 1832). Sections 58.301,
58.303, and 65.304 are adopted without changes and will not be republished.
The change to §58.302 eliminates subsection (c) and modifies subsection
(b) to prohibit a commercial finfishing boat from displaying more than one
set of commercial finfish fisherman's plates at any time. The change was made
to create uniform enforcement for persons fishing under the commercial finfish
fisherman's license. Responsibility for establishing provisions enabling a
commercial finfish fishery license limitation program, including creation
of a commercial finfish fishing license, is delegated to the Texas Parks and
Wildlife Commission by passage of Senate Bill 1303 by the 76th Legislature.
The new sections will function by: reducing overfishing and preventing
waste while assisting in achieving, on a continuing basis, optimum yield for
the fishery; managing finfish throughout their range; promoting efficiency
in utilizing finfish resources; minimizing costs; avoiding unnecessary duplications
in administration; and enhancing enforcement. The foregoing constitute findings
by the Commission which support the need for the proposed proclamation. The
new rules create a finfish license management program, including the delegation
of administrative authority to the executive director, display of license,
terms of license transfer, and provisions for a license buyback program. The
rule changes combine to create a finfish fishery license management program
and should provide increasing social and economic benefits for the finfish
fishery in Texas. The program should stabilize effort in the fishery, thus
creating a more stable and economically viable industry. The program should
also provide the mechanisms needed to ensure reduction of effort through time,
allowing for the long-term recovery and protection of the finfish fishery.
Four people opposed adoption of the proposed rules on the basis that a
license management program for the Texas commercial finfish fishery is unnecessary.
The department disagrees with the comments and responds that license management
programs have proven to be important fishery management tools. Details of
the proposed program as mandated by the Texas Legislature resulted from many
months of dialog, input and information exchange between agency staff, members
of the commercial finfish industry, and the legislature. No changes were made
as a result of the comments.
The new rules are adopted under Parks and Wildlife Code, Chapter
47, Commercial Fishing Licenses, which delegates to the Texas Parks and Wildlife
Commission the authority to establish provisions enabling a commercial finfish
fishery license limitation program, including creation of commercial finfish
fishing licenses.
§58.302.Display of License.
(a)
A boat operated for the purposes of commercial finfish
fishing is required to have a commercial finfish fisherman's license plate
issued under this subchapter prominently displayed as to be clearly visible
from both sides of the boat.
(b)
No more than one set of commercial finfish fisherman's
license plates may be on board a commercial finfish fishing boat at any one
time.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 16, 2000.
TRD-200004209
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 6, 2000
Proposal publication date: March 3, 2000
For further information, please call: (512) 389-4775