1. (a) It is unlawful to:

   1. (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. (2) use a trawl at a time when shrimping is prohibited;
   3. (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. (4) head shrimp aboard a boat in inside water or dump or deposit shrimp heads in the inside water.
2. (b) A commercial shrimp boat license must be prominently displayed as to be clearly visible from both sides of the boat.
3. (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 Arabic 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.

4. (d) Gear Measurements: Except as otherwise provided in this section, all gear measurements are made as follows:

   1. (1) Otter trawls (main net and try net)--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. (2) Beam Trawls (main net and try net)--measured along the beam of a beam trawl in its fully extended position.
   3. (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. (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. (e) Other aquatic life taken incidental to legal shrimping operations.

   1. (1) Licensed Commercial Shrimp Boats.

      1. (A) Other aquatic life taken incidental to legal shrimping operations may not be retained except as provided in these rules. The term "legal shrimping operations" is defined as the use of a legal trawl in places, at times, and in manners as authorized by the department.

      2. (B) On board a licensed commercial shrimp boat a catch of finfish or other aquatic life, in any combination, may be retained in an amount not to exceed 50% by weight of the total trawl catch of shrimp by weight.

         1. (i) Within the provision provided in this subparagraph, species regulated by bag and size limits under provisions of proclamation of the Parks and Wildlife Commission may not be retained in numbers in excess of the daily bag limit established for those species.

         2. (ii) From June 1 through September 30 of each year, in addition to the provision of subparagraph (B) of this paragraph:

            1. (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
            2. (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.
            3. (III) The provisions of this clause will expire September 1, 2001.
   2. (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.