31 Tex. Admin. Code § 57.973 - Devices, Means and Methods
(a) In fresh water
only, it is unlawful to fish with more than 100 hooks on all devices
combined.
(b) Game and non-game
fish may be taken only by pole and line in or on:
(1) community fishing lakes;
(2) sections of rivers lying totally within
the boundaries of state parks;
(3)
any dock, pier, jetty, or other manmade structure within a state
park;
(4) the following lakes:
(A) Abilene (Abilene State Park in Taylor
County);
(B) Cleburne (Cleburne
State Park in Johnson County);
(C)
Elm (Brazos Bend State Park in Fort Bend County);
(D) Fort Parker (Fort Parker State Park in
Limestone County);
(E) Mineral
Wells (Mineral Wells State Park in Parker County);
(F) Pilant (Brazos Bend State Park in Fort
Bend County);
(G) Purtis Creek
(Purtis Creek State Park in Henderson and Van Zandt counties);
(H) Raven (Huntsville State Park in Walker
County);
(I) Sheldon (Sheldon Lake
State Park in Harris County);
(J)
Tucker (Palo Pinto Mountains State Park in Palo Pinto and Stephens counties);
and
(K) Deputy Darren Goforth Park
Lake (Harris County);
(5)
Brushy Creek (Williamson County) from the Brushy Creek Reservoir dam downstream
to the Williamson/Milam county line;
(6) Canyon Lake Project #6 (Lubbock
County);
(7) Lake Pflugerville
(Travis County);
(8) North Concho
River (Tom Green County) from O.C. Fisher Dam to Bell Street Dam;
(9) South Concho River (Tom Green County)
from Lone Wolf Dam to Bell Street Dam; and
(10) Wheeler Branch (Somervell
County).
(c) No person
may employ more than two pole-and-line devices at the same time on:
(1) any dock, pier, jetty, or other manmade
structure within a state park;
(2)
community fishing lakes and the following lakes:
(A) Abilene (Abilene State Park in Taylor
County);
(B) Cleburne (Cleburne
State Park in Johnson County);
(C)
Elm (Brazos Bend State Park in Fort Bend County);
(D) Fort Parker (Fort Parker State Park in
Limestone County);
(E) Mineral
Wells (Mineral Wells State Park in Parker County);
(F) Pilant (Brazos Bend State Park in Fort
Bend County);
(G) Raven (Huntsville
State Park in Walker County);
(H)
Sheldon (Sheldon Lake State Park in Harris County);
(I) Tucker (Palo Pinto Mountains State Park
in Palo Pinto and Stephens counties); and
(J) Deputy Darren Goforth Park Lake (Harris
County);
(3) Brushy Creek
(Williamson County) from the Brushy Creek Reservoir dam downstream to the
Williamson/Milam county line;
(4)
Canyon Lake Project #6 (Lubbock County);
(5) North Concho River (Tom Green County)
from O. C. Fisher Dam to Bell Street Dam; and
(6) South Concho River (Tom Green County)
from Lone Wolf Dam to Bell Street Dam.
(d) It is unlawful to take, attempt to take,
or possess fish caught in public waters of this state by any device, means, or
method other than as authorized in this subchapter.
(e) In salt water only, it is unlawful to
fish with any device that is marked with a buoy made of a plastic bottle(s) of
any color or size.
(f) Aquatic life
(except threatened and endangered species) not addressed in this subchapter may
be taken only by hand or with the devices defined as lawful for taking fish,
crabs, oysters, or shrimp in places and at times as provided by the Parks and
Wildlife Code and regulations adopted by the Parks and Wildlife
Commission.
(g) Device
restrictions. Devices legally used for taking fresh or saltwater fish or shrimp
may be used to take crab as authorized by this subchapter.
(1) Cast net. It is unlawful to use a cast
net exceeding 14 feet in diameter.
(A) Only
non-game fish may be taken with a cast net.
(B) In salt water, non-game fish may be taken
for bait purposes only.
(2) Crab line. It is unlawful to fish a crab
line for commercial purposes that is not marked with a floating white buoy not
less than six inches in height, six inches in length and six inches in width
bearing the commercial crab fisherman's license plate number in letters of a
contrasting color at least two inches high attached to the end
fixtures.
(3) Crab trap. It is
unlawful to:
(A) fish for commercial purposes
under authority of a commercial crab fisherman's license with more than 200
crab traps at one time;
(B) fish
for commercial purposes under authority of a commercial finfish fisherman's
license with more than 20 crab traps at one time;
(C) fish for non-commercial purposes with
more than six crab traps at one time;
(D) fish a crab trap in the fresh waters of
this state;
(E) fish a crab trap
that:
(i) exceeds 18 cubic feet in
volume;
(ii) is not equipped with
at least two escape vents (minimum 2-3/8 inches inside diameter) in each
crab-retaining chamber, and located on the outside trap walls of each chamber;
and
(iii) is not equipped with a
degradable panel. A trap shall be considered to have a degradable panel if one
of the following methods is used in construction of the trap:
(I) the trap lid tie-down strap is secured to
the trap by a loop of untreated jute twine (comparable to Lehigh brand #530) or
sisal twine (comparable to Lehigh brand #390). The trap lid must be secured so
that when the twine degrades, the lid will no longer be securely closed;
or
(II) the trap lid tie-down strap
is secured to the trap by a loop of untreated steel wire with a diameter of no
larger than 20 gauge. The trap lid must be secured so that when the wire
degrades, the lid will no longer be securely closed; or
(III) the trap contains at least one
sidewall, not including the bottom panel, with a rectangular opening no smaller
than 3 inches by 6 inches. Any obstruction placed in this opening may not be
secured in any manner except:
(-a-) it may be
laced, sewn, or otherwise obstructed by a single length of untreated jute twine
(comparable to Lehigh brand #530) or sisal twine (comparable to Lehigh brand
#390) knotted only at each end and not tied or looped more than once around a
single mesh bar. When the twine degrades, the opening in the sidewall of the
trap will no longer be obstructed; or
(-b-) it may be laced, sewn, or otherwise
obstructed by a single length of untreated steel wire with a diameter of no
larger than 20 gauge. When the wire degrades, the opening in the sidewall of
the trap will no longer be obstructed; or
(-c-) the obstruction may be loosely hinged
at the bottom of the opening by no more than two untreated steel hog rings and
secured at the top of the obstruction in no more than one place by a single
length of untreated jute twine (comparable to Lehigh brand #530), sisal twine
(comparable to Lehigh brand #390), or by a single length of untreated steel
wire with a diameter of no larger than 20 gauge. When the twine or wire
degrades, the obstruction will hinge downward and the opening in the sidewall
of the trap will no longer be obstructed;
(F) fish a crab trap for
commercial purposes under authority of a commercial crab fisherman's license:
(i) that is not marked with a floating white
buoy not less than six inches in height, six inches in length, and six inches
in width attached to the crab trap;
(ii) that is not marked with a white buoy
bearing the commercial crab fisherman's license plate number in letters of a
contrasting color at least two inches high attached to the crab trap;
(iii) that is marked with a buoy bearing a
commercial crab fisherman's license plate number other than the commercial crab
fisherman's license plate number displayed on the crab fishing boat;
(G) fish a crab trap for
commercial purposes under authority of a commercial finfish fisherman's
license:
(i) that is not marked with a
floating white buoy not less than six inches in height, six inches in length,
and six inches in width attached to the crab trap;
(ii) that is not marked with a white buoy
bearing the letter 'F' and the commercial finfish fisherman's license plate
number in letters of a contrasting color at least two inches high attached to
the crab trap;
(iii) that is marked
with a buoy bearing a commercial finfish fisherman's license plate number other
than the commercial finfish fisherman's license plate number displayed on the
finfish fishing boat;
(H)
fish a crab trap for non-commercial purposes without a floating white buoy not
less than six inches in height, six inches in length, and six inches in width,
bearing a two-inch wide center stripe of contrasting color, attached to the
crab trap;
(I) fish a crab trap in
public salt waters for non-commercial purposes without a valid gear tag. Gear
tags must be attached within 6 inches of the buoy and are valid for 10 days
after date set out;
(J) fish a crab
trap within 200 feet of a marked navigable channel in Aransas County; and in
the water area of Aransas Bay within one-half mile of a line from Hail Point on
the Lamar Peninsula, then direct to the eastern end of Goose Island, then along
the southern shore of Goose Island, then along the eastern shoreline of the
Live Oak Peninsula past the town of Fulton, past Nine Mile Point, past the town
of Rockport to a point at the east end of Talley Island including that part of
Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live
Oak Peninsula, except that a person for recreational purposes only may fish not
more than three crab traps at one time, provided each crab trap is securely
tethered to a fixed structure such as a dock, pier, or bulkhead;
(K) possess, use or place:
(i) for recreational purposes, more than
three crab traps in waters north and west of Highway 146 where it crosses the
Houston Ship Channel in Harris County; or
(ii) for commercial purposes, a crab trap in
waters north and west of Highway 146 where it crosses the Houston Ship Channel
in Harris County;
(L)
remove crab traps from the water or remove crabs from crab traps during the
period from 30 minutes after sunset to 30 minutes before sunrise;
(M) place a crab trap or portion thereof
closer than 100 feet from any other crab trap, except when traps are secured to
a pier or dock;
(N) fish a crab
trap in public waters that is marked with a buoy made of a plastic bottle(s) of
any color or size; or
(O) use or
place more than three crab traps in public waters of the San Bernard River
north of a line marked by the boat access channel at Bernard Acres.
(4) Dip net.
(A) It is unlawful to use a dip net except:
(i) to aid in the landing of fish caught on
other legal devices; and
(ii) to
take non-game fish.
(B)
In salt water, non-game fish may be taken for bait purposes only.
(5) Folding panel trap.
(A) Only crabs may be taken with a folding
panel trap.
(B) It is unlawful to
use a folding panel trap with an overall surface area, including panels,
exceeding 16 square feet.
(6) Gaff.
(A) It is unlawful to use a gaff except to
aid in landing fish caught by other legal devices, means or methods.
(B) Fish landed with a gaff may not be below
the minimum, above the maximum, or within a protected length limit.
(7) Gig. Only non-game fish may be
taken with a gig.
(8) Handfishing.
For use in fresh water only.
(A) Only blue,
channel, and flathead catfish may be taken by means of handfishing.
(B) It is unlawful to intentionally place or
use a trap in public waters for the purpose of taking catfish by
handfishing.
(9) Jugline.
For use in fresh water only. Non-game fish, channel catfish, blue catfish, and
flathead catfish may be taken with a jugline. It is unlawful to use a jugline:
(A) with invalid gear tags. Gear tags must be
attached within six inches of the free-floating device, are valid for 6 days
after the date set out, and must include the number of the permit to sell
non-game fish taken from fresh water, if applicable;
(B) for commercial purposes that is not
marked with an orange free-floating device that is less than six inches in
length and three inches in width;
(C) for non-commercial purposes that is not
marked with a free-floating device of any color other than orange that is less
than six inches in length and three inches in width; and
(D) in Lake Bastrop in Bastrop County,
Bellwood Lake in Smith County, Lake Bryan in Brazos County, Boerne City Park
Lake in Kendall County, Lakes Coffee Mill and Davy Crockett in Fannin County,
Dixieland Reservoir in Cameron County, Lake Naconiche in Nacogdoches County,
and Tankersley Reservoir in Titus County.
(10) Lawful archery equipment. Only non-game
fish may be taken with lawful archery equipment or crossbow.
(11) Minnow trap (fresh water and salt
water). It is unlawful to use a minnow trap that is not marked with a floating,
visible buoy of any color other than orange that is not less than six inches in
length and three inches in width. The buoy must have a gear tag attached. A
gear tag is valid for 6 days after the date it is set out.
(A) Only non-game fish may be taken with a
minnow trap.
(B) It is unlawful to
use a minnow trap that exceeds 24 inches in length or with a throat larger than
one by three inches.
(12)
Perch traps. For use in salt water only.
(A)
Perch traps may be used only for taking non-game fish.
(B) It is unlawful to fish a perch trap that:
(i) exceeds 18 cubic feet in
volume;
(ii) is not equipped with a
degradable panel. A trap shall be considered to have a degradable panel if one
of the following methods is used in construction of the trap:
(I) the trap lid tie-down strap is secured to
the trap by a loop of untreated jute twine (comparable to Lehigh brand #530) or
sisal twine (comparable to Lehigh brand #390). The trap lid must be secured so
that when the twine degrades, the lid will no longer be securely closed;
or
(II) the trap lid tie-down strap
is secured to the trap by a loop of untreated steel wire with a diameter of no
larger than 20 gauge. The trap lid must be secured so that when the wire
degrades, the lid will no longer be securely closed; or
(III) the trap contains at least one
sidewall, not including the bottom panel, with a rectangular opening no smaller
than 3 inches by 6 inches. Any obstruction placed in this opening may not be
secured in any manner except:
(-a-) it may be
laced, sewn, or otherwise obstructed by a single length of untreated jute twine
(comparable to Lehigh brand #530) or sisal twine (comparable to Lehigh brand
#390) knotted only at each end and not tied or looped more than once around a
single mesh bar. When the twine degrades, the opening in the sidewall of the
trap will no longer be obstructed; or
(-b-) it may be laced, sewn, or otherwise
obstructed by a single length of untreated steel wire with a diameter of no
larger than 20 gauge. When the wire degrades, the opening in the sidewall of
the trap will no longer be obstructed; or
(-c-) the obstruction may be loosely hinged
at the bottom of the opening by no more than two untreated steel hog rings and
secured at the top of the obstruction in no more than one place by a single
length of untreated jute twine (comparable to Lehigh brand #530), sisal twine
(comparable to Lehigh brand #390), or by a single length of untreated steel
wire with a diameter of no larger than 20 gauge. When the twine or wire
degrades, the obstruction will hinge downward and the opening in the sidewall
of the trap will no longer be obstructed;
(iii) is not marked with a floating visible
orange buoy not less than six inches in length and six inches in width. The
buoy must have a gear tag attached. Gear tags are valid for 6 days after date
set out.
(13)
Pole and line.
(A) Game and non-game fish may
be taken by pole and line. It is unlawful to use a pole and line to take or
attempt to take fish by foul-hooking, snagging, or jerking. A fish is
foul-hooked when caught by a hook in an area other than the fish's
mouth.
(B) Game and non-game fish
may be taken by pole and line. It is unlawful to take fish with a hand-operated
device held underwater except that a spear gun and spear may be used to take
non-game fish.
(C) Game and
non-game fish may be taken by pole and line, except that in the Guadalupe River
in Comal County from the second bridge crossing on River Road upstream to a
point 800 yards downstream of the Canyon Lake dam outlet, rainbow and brown
trout may not be retained when taken by any method except artificial lures.
Artificial lures cannot contain or have attached either whole or portions,
living or dead, of organisms such as fish, crayfish, insects (grubs, larvae, or
adults), or worms, or any other animal or vegetable material, or synthetic
scented materials. This does not prohibit the use of artificial lures that
contain components of hair or feathers. It is an offense to possess rainbow and
brown trout while fishing with any other device in that part of the Guadalupe
River defined in this paragraph.
(14) Purse seine.
(A) Purse seines may be used only for taking
menhaden, only from that portion of the Gulf of Mexico within the jurisdiction
of this state extending from one-half mile offshore to nine nautical miles
offshore.
(B) Purse seines used for
taking menhaden may not be used within one mile of any jetty or pass.
(C) The purse seine, not including the bag,
shall not be less than three-fourths inch square mesh.
(15) Sail line. For use in salt water only.
(A) Non-game fish, red drum, spotted
seatrout, and sharks may be taken with a sail line.
(B) Line length shall not exceed 1,800 feet
from the reel to the sail.
(C) The
sail and most shoreward float must be a highly visible orange or red color. All
other floats must be yellow.
(D) No
float on the line may be more than 200 feet from the sail.
(E) A weight of not less than one ounce shall
be attached to the line not less than four feet or more than six feet shoreward
of the last shoreward float.
(F)
Reflectors of not less than two square inches shall be affixed to the sail and
floats and shall be visible from all directions for sail lines operated from 30
minutes after sunset to 30 minutes before sunrise.
(G) There is no hook spacing requirement for
sail lines.
(H) No more than one
sail line may be used per fisherman.
(I) No person may use a sail line for
commercial purposes.
(J) Sail lines
must be attended at all times the line is fishing.
(K) Sail lines may not have more than 30
hooks and no hook may be placed more than 200 feet from the
sail.
(16) Sand pump. It
is unlawful for any person to use a sand pump:
(A) that is not manually operated;
or
(B) for commercial
purposes.
(17) Seine.
(A) Only non-game fish may be taken with a
seine.
(B) It is unlawful to use a
seine:
(i) which is not manually
operated;
(ii) with mesh exceeding
1/2-inch square; or
(iii) that
exceeds 20 feet in length.
(C) In salt water, non-game fish may be taken
by seine for bait purposes only.
(18) Shad trawl. For use in fresh water only.
(A) Only non-game fish may be taken with a
shad trawl.
(B) It is unlawful to
use a shad trawl longer than six feet or with a mouth larger than 36 inches in
diameter.
(C) A shad trawl may be
equipped with a funnel or throat and must be towed by boat or by
hand.
(19) Spear. Only
non-game fish may be taken with a spear.
(20) Spear gun. Only non-game fish may be
taken with spear gun.
(21)
Throwline. For use in fresh water only.
(A)
Non-game fish, channel catfish, blue catfish and flathead catfish may be taken
with a throwline.
(B) It is
unlawful to use a throwline in Lake Bastrop in Bastrop County, Bellwood Lake in
Smith County, Lake Bryan in Brazos County, Boerne City Park Lake in Kendall
County, Lakes Coffee Mill and Davy Crockett in Fannin County, Dixieland
Reservoir in Cameron County, Lake Naconiche in Nacogdoches County, and
Tankersley Reservoir in Titus County.
(C) It is unlawful to use a throwline:
(i) that is not equipped with a gear tag. A
gear tag is valid for 6 days after the date it is set out;
(ii) for commercial purposes that is not
marked by an orange float that is less than six inches in length and three
inches in width; and
(iii) for
non-commercial purposes that is not marked with a float of any color other than
orange that is less than six inches in length and three inches in
width.
(22)
Trotline.
(A) Non-game fish, channel catfish,
blue catfish, and flathead catfish may be taken by trotline.
(B) It is unlawful to use a trotline:
(i) with a mainline length exceeding 600
feet;
(ii) with invalid gear tags.
Gear tags must be attached within three feet of the first hook at each end of
the trotline and are valid for 6 days after date set out, except on saltwater
trotlines, a gear tag is not required to be dated;
(iii) with hook interval less than three
horizontal feet;
(iv) with metallic
stakes; or
(v) with the main
fishing line, attached hooks, and stagings above the water's surface.
(C) In fresh water, it is unlawful
to use a trotline:
(i) with more than 50
hooks;
(ii) in Lake Bastrop in
Bastrop County, Lakes Coffee Mill and Davy Crockett in Fannin County, Fayette
County Reservoir in Fayette County, Pinkston Reservoir in Shelby County, Lake
Bryan in Brazos County, Bellwood Lake in Smith County, Dixieland Reservoir in
Cameron County, Boerne City Park Lake in Kendall County, Lake Naconiche in
Nacogdoches County, and Tankersley Reservoir in Titus County;
(iii) for commercial purposes that is not
marked by an orange float that is less than six inches in length and three
inches in width, and attached to end fixtures; and
(iv) for non-commercial purposes that is not
marked with a float of any color other than orange that is less than six inches
in length and three inches in width attached to each end fixture.
(D) In salt water:
(i) it is unlawful to use a trotline:
(I) in or on the waters of the Gulf of Mexico
within the jurisdiction of this state;
(II) from which red drum, sharks or spotted
seatrout caught on the trotline are retained or possessed;
(III) placed closer than 50 feet from any
other trotline, or set within 200 feet of the edge of the Intracoastal Waterway
or its tributary channels. No trotline may be fished with the main fishing line
and attached hooks and stagings above the water's surface;
(IV) baited with other than natural bait,
except sail lines;
(V) with hooks
other than circle-type hook with point curved in and having a gap (distance
from point to shank) of no more than one-half inch, and with the diameter of
the circle not less than five-eighths inch. Sail lines are excluded from the
restrictions imposed by this clause; or
(VI) in Aransas County in Little Bay and the
water area of Aransas Bay within one-half mile of a line from Hail Point on the
Lamar Peninsula, then direct to the eastern end of Goose Island, then along the
southern shore of Goose Island, then along the causeway between Lamar Peninsula
and Live Oak Peninsula, then along the eastern shoreline of the Live Oak
Peninsula past the town of Fulton, past Nine-Mile Point, past the town of
Rockport to a point at the east end of Talley Island, including that part of
Copano Bay within 1,000 feet of the causeway between Lamar Peninsula and Live
Oak Peninsula.
(ii) No
trotline or trotline components, including lines and hooks, but excluding
poles, may be left in or on coastal waters between the hours of 1:00 p.m. on
Friday through 1:00 p.m. on Sunday of each week, except that attended sail
lines are excluded from the restrictions imposed by this clause. Under the
authority of the Texas Parks and Wildlife Code, §
66.206(b),
in the event small craft advisories or higher marine weather advisories issued
by the National Weather Service are in place at 8:00 a.m. on Friday, trotlines
may remain in the water until 6:00 p.m. on Friday. If small craft advisories
are in place at 1:00 p.m. on Friday, trotlines may remain in the water until
Saturday. When small craft advisories are lifted by 8:00 a.m. on Saturday,
trotlines must be removed by 1:00 p.m. on Saturday. When small craft advisories
are lifted by 1:00 p.m. on Saturday, trotlines must be removed by 6:00 p.m. on
Saturday. When small craft advisories or higher marine weather advisories are
still in place at 1:00 p.m. on Saturday, trotlines may remain in the water
through 1:00 p.m. on Sunday. It is a violation to tend, bait, or harvest fish
or any other aquatic life from trotlines during the period that trotline
removal requirements are suspended under this provision for adverse weather
conditions. For purposes of enforcement, the geographic area customarily
covered by marine weather advisories will be delineated by department
policy.
(iii) It is unlawful to
fish for commercial purposes with:
(I) more
than 20 trotlines at one time;
(II)
any trotline that is not marked with yellow flagging attached to stakes or with
a floating yellow buoy not less than six inches in height, six inches in
length, and six inches in width attached to end fixtures;
(III) any trotline that is not marked with
yellow flagging attached to stakes or with a yellow buoy bearing the commercial
finfish fisherman's license plate number in letters of a contrasting color at
least two inches high attached to end fixtures;
(IV) any trotline that is marked with yellow
flagging or with a buoy bearing a commercial finfish fisherman's license plate
number other than the commercial finfish fisherman's license plate number
displayed on the finfish fishing boat.
(iv) It is unlawful to fish for
non-commercial purposes with:
(I) more than 1
trotline at any time; or
(II) any
trotline that is not marked with a floating yellow buoy not less than six
inches in height, six inches in length, and six inches in width, bearing a
two-inch wide stripe of contrasting color, attached to end fixtures.
(23) Umbrella
net.
(A) Only non-game fish may be taken with
an umbrella net.
(B) It is unlawful
to use an umbrella net with the area within the frame exceeding 16 square
feet.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.