| (a) On the effective date of this section, the provisions
of §57.981(c)(5)(O)(iv) of this title (relating to Bag, Possession,
and Length Limits) cease effect and no person may retain a spotted
seatrout of 28 inches in length or greater except as provided in this
section. To the extent that any provision of this section conflicts
with any provision of §57.981(c)(5)(O) of this title, this section
controls.
(b) The provisions of subsections (c) - (f) of this
section take effect September 1, 2024.
(c) During a license year, a person may retain one
spotted seatrout of greater than 28 inches in length, provided:
(1) a properly executed Spotted Seatrout Tag, a properly
executed Exempt Angler Spotted Seatrout Tag, or properly executed
Duplicate Exempt Spotted Seatrout Tag has been affixed to the fish;
and
(2) one spotted seatrout exceeding the length limit
established by subsection (a) of this section in addition to a spotted
seatrout retained under the provisions of paragraph (1) of this section,
provided a properly executed Bonus Spotted Seatrout Tag or properly
executed Duplicate Bonus Spotted Seatrout Tag has been affixed to
the fish.
(3) A spotted seatrout retained under a Spotted Seatrout
Tag, an Exempt Angler Spotted Seatrout Tag, a Duplicate Exempt Spotted
Seatrout Tag, or a Bonus Spotted Seatrout Tag may be retained in addition
to the daily bag and possession limit as provided in §57.981(c)(5)(O)
of this title.
(d) A person who lawfully takes a spotted seatrout
under a digital license issued under the provisions of §53.3(a)(12)
this title (relating to Super Combination Hunting and Fishing License
Packages) or under a lifetime license with the digital tagging option
provided by §53.4(a)(1) of this title (relating to Lifetime Licenses)
that exceeds the maximum length limit established in §57.981(c)(5)(O)
of this title is exempt from any requirement of Parks and Wildlife
Code or this subchapter regarding the use of license tags for that
species; however, that person shall immediately upon take ensure that
a harvest report is created and submitted via a mobile or web application
provided by the department for that purpose. If the absence of data
connectivity prevents the receipt of a confirmation number from the
department following the report required by this subparagraph, the
person who took the spotted seatrout is responsible for ensuring that
the report required by this subsection is uploaded to the department
immediately upon the availability of network connectivity.
(e) It is an offense for any person to possess a spotted
seatrout exceeding the maximum length established by this section
under a digital license or digital tagging option without being in
immediate physical possession of an electronic device that is:
(1) loaded with the mobile or web application designated
by the department for harvest reporting under this section; and
(2) capable of uploading the harvest report required
by this section.
(f) A person who is fishing under a license identified
in §53.4(a)(1) of this title and selected the fulfilment of physical
tags must comply with the tagging requirements of this chapter that
are applicable to the tagging of spotted seatrout under a license
that is not a digital license.
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