| (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 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 be greater than 60 total
stretched meshes in length, not including the escape flap.
(e) Bycatch Reduction Device (BRD) requirements.
(1) Except as otherwise provided in this section, 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 paragraph (1) of this subsection
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 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).
(C) Shrimp boats may substitute tow-time restrictions
for the BRD requirement of this subsection when the Assistant Administrator
of the National Marine Fisheries Service (NMFS) has determined, under
50 CFR §223.206(d)(3)(ii), that special environmental conditions
in a particular area make trawling with TED-equipped nets impracticable.
Compliance with tow-time restrictions in place of the BRD requirement
shall be subject to the limitations established by NMFS in its notice
under 50 CFR §23.206(d)(3)(iv), including time period, locations,
and any other conditions or restrictions that NMFS establishes.
(3) A single try net that is 21 feet in total width
or less is exempt from the BRD requirement.
(4) Approved BRDs:
(A) In outside waters: Any BRD that meets the dimensions
and specifications of an approved device as described in 50 Code Federal
Regulations (CFR) Part 622 §622.41 in effect as of June 23, 2010.
(B) In inside waters:
(i) Any BRD (other than an extended funnel devices
similar to "Jones/Davis" and "large mesh" devices) that meets the
dimensions and specifications of an approved device as described in
50 Code Federal Regulations (CFR) Part 622 §622.41 as of June
23, 2010; or
(ii) An extended funnel device similar to "Jones/Davis",
"large mesh" constructed and installed as follows:
(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 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.
(iii) 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 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.
(C) Shrimp boats may substitute tow-time restrictions
for the TED requirement of this subsection when the Assistant Administrator
of NMFS has determined, under 50 CFR §223.206(d)(3)(ii), that
special environmental conditions in a particular area make trawling
with TED-equipped nets impracticable. Compliance with tow-time restrictions
in place of the TED requirement shall be subject to the limitations
established by NMFS in its notice under 50 CFR §223.206(d)(3)(iv),
including time period, locations, and any other conditions or Cont'd... |
