restrictions
that NMFS establishes.
(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.
(g) 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 this section.
(B) On board a licensed commercial shrimp boat, a catch
of finfish or other aquatic life may be retained in any combination
not to exceed 50% by weight of the total weight of the trawl catch
of shrimp.
(i) Finfish or other aquatic life may be retained under
the provisions of this subparagraph only by:
(I) the holder of the current commercial shrimp boat
license for that vessel; and/or
(II) the holder of a current commercial shrimp boat
captain's license on board the vessel.
(ii) Finfish or other aquatic life retained under the
provisions of this subparagraph must comply with the bag and length
limits established for that species under §57.981 of this title
(relating to Bag, Possession, and Length Limits), if applicable.
(iii) A catch of finfish or other aquatic life retained
under this subparagraph may be shared among persons authorized under
clause (i) of this subparagraph to retain finfish or other aquatic
life, but no person or persons, singly or in the aggregate, may retain
more than 50% by weight of the total trawl catch of shrimp by weight
while on board a licensed commercial shrimp boat.
(iv) From May 1 through September 30 of each year,
in addition to the provision of this subparagraph:
(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.
(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.
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Source Note: The provisions of this §58.160 adopted to be effective October 3, 1996, 21 TexReg 9176; amended to be effective May 22, 1997, 22 TexReg 4251; amended to be effective June 1, 1998, 23 TexReg 5726; amended to be effective October 10, 2000, 25 TexReg 10157; amended to be effective January 2, 2002, 26 TexReg 11004; amended to be effective March 27, 2006, 31 TexReg 2693; amended to be effective November 18, 2008, 33 TexReg 9264; amended to be effective November 30, 2010, 35 TexReg 10511; amended to be effective May 29, 2011, 36 TexReg 3331; amended to be effective June 12,2013,38 TexReg 3649; amended to be effective July 23, 2015, 40 TexReg 4698 |