Sec. 77.007.  REGULATION OF CATCHING, POSSESSION, PURCHASE, AND SALE OF SHRIMP.  (a)  The commission by proclamation may regulate the catching, possession, purchase, and sale of shrimp.  A proclamation issued under this section must contain findings by the commission that support the need for the proclamation.
(b)  In determining the need for a proclamation under Subsection (a) of this section, the commission shall consider:
(1)  measures to prevent overfishing while achieving, on a continuing basis, the optimum yield for the fishery;
(2)  measures based on the best scientific information available;
(3)  measures to manage shrimp throughout their range;
(4)  measures, where practicable, that will promote efficiency in utilizing shrimp resources, except that economic allocation may not be the sole purpose of the measures;
(5)  measures, where practicable, that will minimize cost and avoid unnecessary duplication in their administration;  and
(6)  measures which will enhance enforcement.
(c)  A proclamation issued under Subsection (a) of this section may limit the quantity and size of shrimp that may be caught, possessed, sold, or purchased and may prescribe the times, places, conditions, and means and manner of catching shrimp.  However, measures dealing with sale and purchase may only be implemented at first sale or exchange transaction.
(d)  A proclamation of the commission under this section prevails over:
(1)  any conflicting provision of this chapter to the extent of the conflict;  and
(2)  a proclamation of the commission issued under the Wildlife Conservation Act of 1983 (Chapter 61 of this code).
(e)  A person who violates a proclamation issued under Subsection (a) of this section commits an offense.  An offense under this section is punishable as provided by Subsection (a) of Section 77.020 of this code.
(f)  The commission shall make no proclamation under this chapter until it has approved and adopted a shrimp management plan and economic impact analysis prepared by the department as provided in Section 77.004 and unless such proclamation is shown to be consistent with the shrimp management plan.
Added by Acts 1985, 69th Leg., ch. 633, Sec. 3, eff. June 14, 1985.