Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 53.
FINANCE
Subchapter A. LICENSE FEES AND BOAT AND MOTOR FEES
31 TAC §53.6, §53.7
The Texas Parks and Wildlife Department proposes amendments
to §53.6, concerning Commercial Fishing Licenses and Tags, and §53.7,
concerning Business Licenses and Permits. The amendments to §53.6 and
53.7 increase fee amounts for commercial fishing and business licenses and
related transfers and duplicates, and make minor revisions to text for clean
up, clarification and consistency. The amendments are necessary in order to:
(1) comply with provisions of Senate Bill 1 (General Appropriations Act, Article
VI, Rider 22) as enacted by the 77th Legislature, which direct the department
to better recover costs associated with administering and managing its commercial
fisheries programs; and (2) make clarifying revisions and ensure consistency
with TPW statutes.
Suzy Whittenton, Chief Financial Officer, has determined that for each
of the first five years the rules as proposed are in effect, there will be
fiscal implications to state and local governments as a result of enforcing
or administering the rules. For each of the first five years the rules are
in effect, the department is estimated to receive approximately $663,000 in
additional revenues from increased commercial fishing and business license
fees (including general, crab, finfish, menhaden, oyster, shrimp, mussels,
non-game fish, and dealers licenses) and associated transfers and duplicates.
Note: A portion of the additional revenues generated from the proposed increases
will be dedicated to license buyback programs, and will not be available for
use on general program costs. This estimate was derived by multiplying the
proposed fee increase for each type of license/permit by the number of anticipated
transactions for each type of license/permit. The estimated number of transactions
was determined based on an analysis of transactions from 1999-2001. The estimate
(1) assumes that in each year subsequent to initial implementation, any changes
in revenues (based on a continuation of identified trends in license and permit
sales) will be insignificant. While there are indications that sales in some
areas are declining, there have been increases in other areas, and overall
the net effect of these trends appears to be minimal; and (2) has not been
adjusted to reflect the 5% commission retained by license deputies. Because
only a small percentage of commercial licenses are sold by license deputies,
the dollar amount retained would be minimal.
Ms. Whittenton also has determined that for each of the first five years
the rules as proposed are in effect, the public benefit anticipated as a result
of enforcing or administering the rules as proposed will be increased program
efficiency and greater correlation between user benefit and user pay as it
applies to the commercial fisheries program. Those directly benefiting from
the program will assume a larger share of program costs -- the additional
revenues generated from commercial/business licenses will be used to cover
a larger portion of commercial fisheries program costs, thereby reducing the
need to finance this program from revenues generated from recreational and
other license users.
The rules are expected to have an economic effect on small and microbusinesses
and individuals, namely in the amount of increased fees paid by any given
business or individual. Most commercial license and business license fees,
as well as transfer fees associated with crab, finfish, and bay and bait shrimp
licenses will increase by 20%, with the exact dollar amount of increase varying
depending on the type of license (ranging between $3 to $700 depending on
type). Other transfer and duplicate fees will increase from $5 to $10.
The department has not drafted a local employment impact statement under
the Administrative Procedures Act, §2001.022, as the agency has determined
that the rules as proposed will not 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 on the proposed rules may be submitted to Paul Hammerschmidt,
Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas,
78744, (512) 389-4650 (e-mail: paul.hammerschmidt@tpwd.state.tx.us).
The amendments are proposed under Parks and Wildlife Code, §§47.002,
47.003,47.007,47.008, 47.009,47.010, 47.011, 47.013, 47.014, 47.017,47.031,47.075,47.079,
which authorize the commission to set fees for commercial fishing licenses;
66.017 and 66.020, which authorize the commission to set fees for fish, shellfish
and aquatic plant permits; 67.0041, which authorizes the commission to set
fees for permits for non-game species of fish; 76.1031 and 76.104, which authorize
the commission to set fees for commercial oyster licenses; 77.031, 77.033,
77.035, 77.0351,77.0361, 77.043 and 77.115, which authorize the commission
to set fees for commercial shrimp licenses; 78.002 and 78.003, which authorize
the commission to set fees for commercial mussel and clam licenses; and 78.105
and 78.109, which authorize the commission to set fees for commercial crab
licenses.
The amendments affect Parks and Wildlife Code, Chapters 47, 77, and 78.
§53.6.Commercial Fishing Licenses and Tags.
(a)
Shrimping licenses: [
(1)
Licenses:
(A)
resident commercial gulf shrimp boat--
$450
[
(B)
resident commercial bay shrimp boat--
$348
[
(C)
resident commercial bait-shrimp boat--
$348
[
(D)
resident commercial shrimp boat captain's--
$30
[
(E)
nonresident commercial gulf shrimp boat--
$1,350
[
(F)
nonresident commercial bay shrimp boat--
$750
[
(G)
nonresident commercial bait-shrimp boat--
$750
[
(H)
nonresident commercial shrimp boat captain's--
$120
[
(2)
License transfers:
(A)
resident commercial gulf shrimp boat license transfer--
$10
[
(B)
resident commercial bay shrimp boat license transfer--
$348
[
(C)
resident commercial bait-shrimp boat license transfer--
$348
[
(D)
nonresident commercial gulf shrimp boat license transfer--
$10
[
(E)
nonresident commercial bay shrimp boat license transfer--
$750
[
(F)
nonresident commercial bait-shrimp boat license transfer--
$750
[
(3)
Replacement
[
(A)
resident commercial gulf shrimp boat--
$10
[
(B)
resident commercial bay shrimp boat--
$10
[
(C)
resident commercial bait-shrimp boat--
$10
[
(D)
nonresident commercial gulf shrimp boat--
$10
[
(E)
nonresident commercial bay shrimp boat--
$10
[
(F)
nonresident commercial bait-shrimp boat--
$10
[
(b)
Oystering licenses.[
(1)
Licenses:
(A)
resident commercial oyster boat--
$420
[
(B)
resident sport oyster boat--$10;
(C)
resident commercial oyster captain's--
$30
[
(D)
resident commercial oyster fisherman's--
$120
[
(E)
nonresident commercial oyster boat--
$1,680
[
(F)
nonresident sport oyster boat--
$40
[
(G)
nonresident commercial oyster boat captain's--
$120
[
(H)
nonresident commercial oyster fisherman's--
$300
[
(2)
License transfers:
(A)
resident commercial oyster boat transfer--
$10
[
(B)
nonresident commercial oyster boat transfer--
$10
[
(3)
Replacement
[
(A)
resident commercial oyster boat--
$10
[
(B)
nonresident commercial oyster boat--
$10
[
(c)
General, finfish, menhaden, mussel, clam, and miscellaneous
licenses.
(1)
Licenses and permits.[
(A)
resident commercial fishing boat--
$18
[
(B)
class A menhaden boat--
$4,200
[
(C)
class B menhaden boat--$50;
(D)
resident general commercial fisherman's--
$24
[
(E)
resident commercial mussel and clam fisherman's--
$36
[
(F)
resident shell buyer's--
$120
[
(G)
nonresident commercial fishing boat--
$72
[
(H)
nonresident general commercial fisherman's--
$180
[
(I)
nonresident commercial mussel and clam fisherman's--
$960
[
(J)
nonresident shell buyer's--
$1,800
[
(K)
menhaden fish plant permit--
$180
[
(L)
mussel dredge fee--
$36
[
(M)
permit to sell non-game fish--
$60
[
(2)
License transfers. [
(A)
resident commercial fishing boat license transfer--
$10
[
(B)
nonresident commercial fishing boat license transfer--
$10
[
(3)
Replacement
[
(A)
resident commercial fishing boat--
$10
[
(B)
nonresident commercial fishing boat--
$10
[
(d)
Crab
[
(1)
Licenses and permits.[
(A)
resident commercial crab fisherman's--
$600
[
(B)
nonresident commercial crab fisherman's--
$2,400
[
(2)
License transfers.[
(A)
resident commercial crab fisherman's--
$600
[
(B)
nonresident commercial crab fisherman's--
$2,400
[
(3)
Duplicate license plates.[
(A)
resident commercial crab fisherman's--
$10
[
(B)
nonresident commercial crab fisherman's--
$10
[
(e)
Finfish
[
(1)
Licenses and permits.[
(A)
resident commercial finfish fisherman's--
$360
[
(B)
nonresident commercial finfish fisherman's--
$1,440
[
(2)
License transfers.[
(A)
resident commercial finfish fisherman's--
$360
[
(B)
nonresident commercial finfish fisherman's--
$1,440
[
(3)
Duplicate license plates.[
(A)
resident commercial finfish fisherman's--
$10
[
(B)
nonresident commercial finfish fisherman's--
$10
[
§53.7.Business Licenses and Permits.
Fish, bait, and shrimp licenses and tags.
(1)
Licenses.[
(A)
retail fish dealer's--
$84
[
(B)
retail fish dealer's truck--
$156
[
(C)
wholesale fish dealer's--
$750
[
(D)
wholesale fish dealer's truck--
$510
[
(E)
bait dealer's--individual--
$36
[
(F)
bait dealer-place of business/building--
$36
[
(G)
bait dealer-place of business/motor vehicle--
$36
[
(H)
bait shrimp dealer's--
$204
[
(I)
finfish import--
$90
[
(J)
fishing guide--$75.
(2)
License transfers.[
(A)
retail fish dealer's license transfer--
$10
[
(B)
retail fish dealer's truck license transfer--
$10
[
(C)
wholesale fish dealer's license transfer--
$10
[
(D)
wholesale fish dealer's truck license transfer--
$10
[
(E)
bait dealer's license transfer--
$10
[
(F)
bait dealer's-place of business/building license transfer--
$10
[
(G)
bait dealer's-place of business/motor vehicle license transfer--
$10
[
(H)
bait shrimp dealer's license transfer--
$10
[
(I)
finfish import license transfer--
$10
[
(3)
The fee for the saltwater trotline tag shall be $3.00.
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 February 15, 2002.
TRD-200200960
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 31, 2002
For further information, please call: (512) 389-4775
Subchapter T. SCIENTIFIC BREEDER'S PERMITS
The following license fee amounts
are effective for the license year beginning September 1, 2001, and thereafter:
]
$375
];
$290
];
$290
];
$25
];
$1,125
];
$625
];
$625
]; and
$100
].
$5.00
];
$290
];
$290
];
$5.00
];
$290
]; and
$290
].
Duplicate
] License plates:
$5.00
];
$5.00
];
$5.00
];
$5.00
];
$5.00
]; and
$5.00
].
The following license fee amounts
are effective for the license year beginning September 1, 1996, and thereafter.
]
$350
];
$25
];
$100
];
$1,400
];
$10
];
$100
]; and
$250
]
$5.00
]; and
$5.00
].
Duplicate
] License plates:
$5.00
]; and
$5.00
].
The following license fee amounts
are effective for the license year beginning September 1, 1997, and thereafter:
]
$15
];
$ 3,500
];
$20
];
$30
];
$100
];
$60
];
$150
];
$800
];
$1,500
];
$150
];
$30
]; and
$50
].
The following license transfer
fee amounts are effective for the license year beginning September 1, 1996,
and thereafter:
]
$5.00
]; and
$5.00
].
Duplicate
] license plates.[
The following duplicate license plate fee amounts are effective for the license
year beginning September 1, 1996, and thereafter:
]
$5.00
]; and
$5.00
].
Crabbing
] licenses.
The following license fee amounts
are effective for the license year beginning September 1,1998, and thereafter:
]
$500
]; and
$2,000
].
The following license transfer
fee amounts are effective for the license year beginning September 1,1998,
and thereafter:
]
$500
]; and
$2,000
].
The following license transfer
fee amounts are effective for the license year beginning September 1,1998,
and thereafter:
]
$5.00
]; and
$5.00
].
Finfishing
] licenses.
The following license fee amounts
are effective for the license year beginning September 1, 2000, and thereafter:
]
$300
]; and
$1,200
]
The following license transfer
fee amounts are effective for the license year beginning September 1, 2000,
and thereafter:
]
$300
]; and
$1,200
]
The following duplicate
license plate fee amounts are effective for the license year beginning September
1, 2000, and thereafter:
]
$5.00
]; and
$5.00
].
The following license fee amounts are effective
for the license year beginning September 1, 2001, and thereafter:
]
$70
];
$130
];
$625
];
$425
];
$30
];
$30
];
$30
];
$170
];
$75
]; and
The following license fee amounts
are effective for the license year beginning September 1,1995, and thereafter:
]
$5.00
];
$5.00
];
$5.00
];
$5.00
];
$5.00
];
$5.00
];
$5.00
];
$5.00
];
$5.00
].
Chapter 65.
WILDLIFE