SECTION 57.993. Commercial Harvest Report

(a) Definitions. For the purposes of this section, the following terms shall have the following meanings:

(1) Applicable license--a general commercial fishermen's license, a commercial finfish fishermen's license, commercial shrimp boat captain's license, commercial crab fishermen's license, commercial oyster boat captain's license, individual bait dealer's license, or commercial vessel owner's license;

(2) Land--to bring to shore after harvest;

(3) Reportable activity--each instance in which an aquatic product taken under an applicable license is landed or transferred to another person.

(b) Except for aquatic products transferred to a licensed dealer identified in subsection (e) of this section, it is an offense for any person who lands an aquatic product taken under an applicable license to fail to submit a complete and accurate commercial harvest report to the department by the 10th day of each month following the month in which a reportable activity occurred.

(c) A commercial harvest report shall account for each reportable activity engaged in by the licensee during the reporting period and shall contain, at a minimum:

(1) the name and physical address of each person to whom an aquatic product was transferred by the licensee;

(2) the name, driver's license or state-issued identification number of the applicable licensee who sold or transferred the aquatic product;

(3) the amount of aquatic products sold, in pounds, by species;

(4) the date of the sale;

(5) the price per pound received, by species;

(6) the water body or bay system from which each aquatic product was taken;

(7) the date that each reportable activity occurred; and

(8) the registration number and name of the vessel used to take the aquatic product.

(d) A person required to submit a commercial harvest report shall retain a copy of the report for a period of two years from the date the report is submitted to the department and shall furnish a copy of any report upon the request of a department employee acting within the scope of official duties

(e) A report under this section is not required for aquatic products that are sold by the holder of an applicable license to a licensed wholesale or retail fish dealer, bait dealer, or bait shrimp dealer.

Source Note: The provisions of this §57.993 adopted to be effective June 27, 2010, 35 TexReg 5564; amended to be effective September 1, 2020, 45 TexReg 5641