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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 58OYSTERS, SHRIMP, AND FINFISH
SUBCHAPTER BSTATEWIDE SHRIMP FISHERY PROCLAMATION
RULE §58.160Taking or Attempting to Take Shrimp (Shrimping)--General Rules

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.


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

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