| (II) the trap lid tie-down strap is secured to the
trap by a loop of untreated steel wire with a diameter of no larger
than 20 gauge. The trap lid must be secured so that when the wire
degrades, the lid will no longer be securely closed; or
(III) the trap contains at least one sidewall, not
including the bottom panel, with a rectangular opening no smaller
than 3 inches by 6 inches. Any obstruction placed in this opening
may not be secured in any manner except:
(-a-) it may be laced, sewn, or otherwise obstructed
by a single length of untreated jute twine (comparable to Lehigh brand
#530) or sisal twine (comparable to Lehigh brand #390) knotted only
at each end and not tied or looped more than once around a single
mesh bar. When the twine degrades, the opening in the sidewall of
the trap will no longer be obstructed; or
(-b-) it may be laced, sewn, or otherwise obstructed
by a single length of untreated steel wire with a diameter of no larger
than 20 gauge. When the wire degrades, the opening in the sidewall
of the trap will no longer be obstructed; or
(-c-) the obstruction may be loosely hinged at the
bottom of the opening by no more than two untreated steel hog rings
and secured at the top of the obstruction in no more than one place
by a single length of untreated jute twine (comparable to Lehigh brand
#530), sisal twine (comparable to Lehigh brand #390), or by a single
length of untreated steel wire with a diameter of no larger than 20
gauge. When the twine or wire degrades, the obstruction will hinge
downward and the opening in the sidewall of the trap will no longer
be obstructed;
(iii) is not marked with a floating visible orange
buoy not less than six inches in length and six inches in width. The
buoy must have a gear tag attached. Gear tags are valid for 6 days
after date set out.
(13) Pole and line.
(A) Game and non-game fish may be taken by pole and
line. It is unlawful to use a pole and line to take or attempt to
take fish by foul-hooking, snagging, or jerking. A fish is foul-hooked
when caught by a hook in an area other than the fish's mouth.
(B) Game and non-game fish may be taken by pole and
line. It is unlawful to take fish with a hand-operated device held
underwater except that a spear gun and spear may be used to take non-game
fish.
(C) Game and non-game fish may be taken by pole and
line, except that in the Guadalupe River in Comal County from the
second bridge crossing on River Road upstream to a point 800 yards
downstream of the Canyon Lake dam outlet, rainbow and brown trout
may not be retained when taken by any method except artificial lures.
Artificial lures cannot contain or have attached either whole or portions,
living or dead, of organisms such as fish, crayfish, insects (grubs,
larvae, or adults), or worms, or any other animal or vegetable material,
or synthetic scented materials. This does not prohibit the use of
artificial lures that contain components of hair or feathers. It is
an offense to possess rainbow and brown trout while fishing with any
other device in that part of the Guadalupe River defined in this paragraph.
(14) Purse seine.
(A) Purse seines may be used only for taking menhaden,
only from that portion of the Gulf of Mexico within the jurisdiction
of this state extending from one-half mile offshore to nine nautical
miles offshore.
(B) Purse seines used for taking menhaden may not be
used within one mile of any jetty or pass.
(C) The purse seine, not including the bag, shall not
be less than three-fourths inch square mesh.
(15) Sail line. For use in salt water only.
(A) Non-game fish, red drum, spotted seatrout, and
sharks may be taken with a sail line.
(B) Line length shall not exceed 1,800 feet from the
reel to the sail.
(C) The sail and most shoreward float must be a highly
visible orange or red color. All other floats must be yellow.
(D) No float on the line may be more than 200 feet
from the sail.
(E) A weight of not less than one ounce shall be attached
to the line not less than four feet or more than six feet shoreward
of the last shoreward float.
(F) Reflectors of not less than two square inches shall
be affixed to the sail and floats and shall be visible from all directions
for sail lines operated from 30 minutes after sunset to 30 minutes
before sunrise.
(G) There is no hook spacing requirement for sail lines.
(H) No more than one sail line may be used per fisherman.
(I) Sail lines may not be used by the holder of a commercial
fishing license.
(J) Sail lines must be attended at all times the line
is fishing.
(K) Sail lines may not have more than 30 hooks and
no hook may be placed more than 200 feet from the sail.
(16) Sand pump. It is unlawful for any person to use
a sand pump:
(A) that is not manually operated; or
(B) for commercial purposes.
(17) Seine.
(A) Only non-game fish may be taken with a seine.
(B) It is unlawful to use a seine:
(i) which is not manually operated;
(ii) with mesh exceeding 1/2-inch square; or
(iii) that exceeds 20 feet in length.
(C) In salt water, non-game fish may be taken by seine
for bait purposes only.
(18) Shad trawl. For use in fresh water only.
(A) Only non-game fish may be taken with a shad trawl.
(B) It is unlawful to use a shad trawl longer than
six feet or with a mouth larger than 36 inches in diameter.
(C) A shad trawl may be equipped with a funnel or throat
and must be towed by boat or by hand.
(19) Spear. Only non-game fish may be taken with a
spear.
(20) Spear gun. Only non-game fish may be taken with
spear gun.
(21) Throwline. For use in fresh water only.
(A) Non-game fish, channel catfish, blue catfish and
flathead catfish may be taken with a throwline.
(B) It is unlawful to use a throwline in Lake Bastrop
in Bastrop County, Bellwood Lake in Smith County, Lake Bryan in Brazos
County, Boerne City Park Lake in Kendall County, Lakes Coffee Mill
and Davy Crockett in Fannin County, Dixieland Reservoir in Cameron
County, Gibbons Creek Reservoir in Grimes County, Lake Naconiche in
Nacogdoches County, and Tankersley Reservoir in Titus County.
(C) It is unlawful to use a throwline:
(i) that is not equipped with a gear tag. A gear tag
is valid for 6 days after the date it is set out;
(ii) for commercial purposes that is not marked by
an orange float that is less than six inches in length and three inches
in width ; and
(iii) for non-commercial purposes that is not marked
with a float of any color other than orange that is less than six
inches in length and three inches in width.
(22) Trotline.
(A) Non-game fish, channel catfish, blue catfish, and
flathead catfish may be taken by trotline.
(B) It is unlawful to use a trotline:
(i) with a mainline length exceeding 600 feet;
(ii) with invalid gear tags. Gear tags must be attached
within three feet of the first hook at each end of the trotline and
are valid for 6 days after date set out, except on saltwater trotlines,
a gear tag is not required to be dated;
(iii) with hook interval less than three horizontal
feet;
(iv) with metallic stakes; or
(v) with the main fishing line, attached hooks, and
stagings above the water's surface.
(C) In fresh water, it is unlawful to use a trotline:
(i) with more than 50 hooks;
(ii) in Gibbons Creek Reservoir in Grimes County, Lake
Bastrop in Bastrop County, Lakes Coffee Mill and Davy Crockett in
Fannin County, Fayette County Reservoir in Fayette County, Pinkston
Reservoir in Shelby County, Lake Bryan in Brazos County, Bellwood
Lake in Smith County, Dixieland Reservoir in Cameron County, Boerne
City Park Lake in Kendall County, Lake Naconiche in Nacogdoches County,
and Tankersley Reservoir in Titus County;
(iii) for commercial purposes that is not marked by
an orange float that is less than six inches in length and three inches
in width , and attached to end fixtures; and
(iv) for non-commercial purposes that is not marked
with a float of any color other than orange that is less than six
inches in length and three inches in width attached to each end fixture.
(D) In salt water:
(i) it is unlawful to use a trotline:
(I) in or on the waters of the Gulf of Mexico within
the jurisdiction of this state;
(II) from which red drum, sharks or spotted seatrout
caught on the trotline are retained or possessed;
(III) placed closer than 50 feet from any other trotline,
or set within 200 feet of the edge of the Intracoastal Waterway or
its tributary channels. No trotline may be fished with the main fishing
line and attached hooks and stagings above the water's surface;
(IV) baited with other than natural bait, except sail
lines;
(V) with hooks other than circle-type hook with point
curved in and having a gap (distance from point to shank) of no more
than one-half inch, and with the diameter of the circle not less than
five-eighths inch. Sail lines are excluded from the restrictions imposed
by this clause; or
(VI) in Aransas County in Little Bay and the water
area of Aransas Bay within one-half mile of a line from Hail Point
on the Lamar Peninsula, then direct to the eastern end of Goose Island,
then along the southern shore of Goose Island, then along the causeway
between Lamar Peninsula and Live Oak Peninsula, then along the eastern
shoreline of the Live Oak Peninsula past the town of Fulton, past
Nine-Mile Point, past the town of Rockport to a point at the east
end of Talley Island, including that part of Copano Bay within 1,000
feet of the causeway between Lamar Peninsula and Live Oak Peninsula.
(ii) No trotline or trotline components, including
lines and hooks, but excluding poles, may be left in or on coastal
waters between the hours of 1:00 p.m. on Friday through 1:00 p.m.
on Sunday of each week, except that attended sail lines are excluded
from the restrictions imposed by this clause. Under the authority
of the Texas Parks and Wildlife Code, §66.206(b), in the event
small craft advisories or higher marine weather advisories issued
by the National Weather Service are in place at 8:00 a.m. on Friday,
trotlines may remain in the water until 6:00 p.m. on Friday. If small
craft advisories are in place at 1:00 p.m. on Friday, trotlines may
remain in the water until Saturday. When small craft advisories are
lifted by 8:00 a.m. on Saturday, trotlines must be removed by 1:00
p.m. on Saturday. When small craft advisories are lifted by 1:00 p.m.
on Saturday, trotlines must be removed by 6:00 p.m. on Saturday. When
small craft advisories or higher marine weather advisories are still
in place at 1:00 p.m. on Saturday, trotlines may remain in the water
through 1:00 p.m. on Sunday. It is a violation to tend, bait, or harvest
fish or any other aquatic life from trotlines during the period that
trotline removal requirements are suspended under this provision for
adverse weather conditions. For purposes of enforcement, the geographic
area customarily covered by marine weather advisories will be delineated
by department policy.
(iii) It is unlawful to fish for commercial purposes
with:
(I) more than 20 trotlines at one time;
(II) any trotline that is not marked with yellow flagging
attached to stakes or with a floating yellow buoy not less than six
inches in height, six inches in length, and six inches in width attached
to end fixtures;
(III) any trotline that is not marked with yellow flagging
attached to stakes or with a yellow buoy bearing the commercial finfish
fisherman's license plate number in letters of a contrasting color
at least two inches high attached to end fixtures;
(IV) any trotline that is marked with yellow flagging
or with a buoy bearing a commercial finfish fisherman's license plate
number other than the commercial finfish fisherman's license plate
number displayed on the finfish fishing boat.
(iv) It is unlawful to fish for non-commercial purposes
with:
(I) more than 1 trotline at any time; or
(II) any trotline that is not marked with a floating
yellow buoy not less than six inches in height, six inches in length,
and six inches in width, bearing a two-inch wide stripe of contrasting
color, attached to end fixtures.
(23) Umbrella net.
(A) Only non-game fish may be taken with an umbrella
net.
(B) It is unlawful to use an umbrella net with the
area within the frame exceeding 16 square feet.
|
| Source Note: The provisions of this §57.973 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective August 29, 2011, 36 TexReg 5363; amended to be effective September 1, 2012, 37 TexReg 3597; amended to be effective September 1, 2013, 38 TexReg 3790; amended to be effective September 1, 2014, 39 TexReg 6495; amended to be effective September 1, 2016, 41 TexReg 6048; amended to be effective September 1, 2017, 42 TexReg 3389; amended to be effective February 1, 2020, 45 TexReg 580; amended to be effective September 1, 2020, 45 TexReg 5641; amended to be effective September 1,2021, 46 TexReg 5048 |
