| (a) The recovery value for an individual fish of a species which does not have recreational value shall be equal to its basic value. (b) The recovery value of an individual fish shall be determined by adding the fish's basic and recreational value for species which the Commission has designated as having recreational value for the purpose of civil restitution. (c) Recreational value for an individual fish is calculated by dividing the average value of an hour of fishing by the difference in total length between the state record fish and minimum hookable total length for that species and then multiplying that quotient by the total length in inches of the individual fish being valued, minus the minimum hookable total length for that species. This product is then adjusted for inflation by multiplying it by the quotient of the Consumer Price Index in the fiscal year the fish were killed, divided by the Consumer Price Index in the fiscal year the data were collected to determine the average value of an hour of fishing. (d) Recreational value of fish for which substantial and adequate catch per unit effort data are available will be calculated by multiplying the recreational value derived using subsection (c) of this section by the reciprocal of the Catch Per Unit Effort for that species in Texas. (e) When legal means and methods were used to catch the fish, but the number of individuals taken exceeds legal daily bag, catch, or possession limits, recovery values will be applied to the number of fish in excess of the legal limit. |
