1. (a) Recovery of value for commercial species is based on the following:

   1. (1) ex-vessel or dockside price (by weight or individual as normally determined);
   2. (2) for alligators, current per-foot market value; and
   3. (3) for alligator eggs, a number derived by multiplying the current market alligator egg price in Texas by the number of alligator eggs unlawfully taken or possessed.

2. (b) Ex-vessel or dockside price is determined by:

   1. (1) the most recent department data on commercial harvest data; or
   2. (2) average annual ex-vessel price for fish landed in the Gulf of Mexico as obtained from the National Marine Fisheries Service for the most recent calendar year.
3. (c) When commercial species cannot be processed according to the provisions of Parks and Wildlife Code, §12.109, ex-vessel or dockside price of a commercial species is multiplied by three to derive the recovery value of a species. The economic multiplier used is based on data from the latest revision of "Structure of the Texas Economy" developed by H.W. Grubb.
4. (d) Full recovery value will be applied to all fish and shellfish taken by illegal means, methods or manners and from closed areas, during closed seasons or prohibited periods.

Source Note:The provisions of this §69.26 adopted to be effective October 7, 1996, 21 TexReg 9240; amended to be effective April 4, 2005, 30 TexReg 1953; amended to be effective July 2, 2017, 42 TexReg 3404.