Texas Parks and Wildlife Code 47.038 – Seines or Nets for Menhaden
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(a) Except as provided by Subsection (a-1), nets or purse seines used for catching menhaden may not be:
(1) less than one and one-half inch stretched mesh, excluding the bag;
(2) used in any bay, river, pass, or tributary, nor within one mile of any barrier, jetty, island, or pass, nor within one-half mile offshore in the Gulf of Mexico; or
(3) used for the purpose of taking edible aquatic products for the purpose of barter, sale, or exchange.
(a-1) The holder of a Class C menhaden boat license issued under § 47.008 may use a cast net, as defined by the commission, to catch menhaden in any coastal bay, river, or tributary landward from the shoreline of the state along the coast of the Gulf of Mexico.
Terms Used In Texas Parks and Wildlife Code 47.038
- Catch: means take or kill and includes an attempt to take or kill. See Texas Parks and Wildlife Code 1.101
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Sell: means to transfer the ownership or the right of possession of an item to a person for consideration and includes a barter and an even exchange. See Texas Parks and Wildlife Code 1.101
(b) No person lawfully catching menhaden in the tidal water of this state may sell, barter, or exchange any edible aquatic products caught in a menhaden seine or net. Possession of edible aquatic fish in excess of five percent by volume of menhaden fish in possession is a prima facie violation of this chapter.