{"data":{"id":"us-tx/tex.-parks-and-wildlife-code-78.104","jurisdiction":"us-tx","citation":"Tex. Parks and Wildlife Code § 78.104","heading":"LICENSING.","body":"(a) If the commission adopts one or more licenses to be issued under this subchapter, a person may not engage in commercial crab fishing without a license adopted by the commission. If the commission adopts a commercial crab boat license to be issued under this subchapter, a person may not operate a boat for the purpose of commercial crab fishing without having a boat license as prescribed by the commission.\n(b) A proclamation under this section requiring a license must contain findings by the commission that support the need for the proclamation. In determining the need for a license requirement, the commission shall consider:\n(1) measures to prevent waste or depletion of crabs while achieving, on a continuing basis, the optimum yield for the fishery;\n(2) the best scientific information available;\n(3) the effect a licensing program would have on the management of crabs throughout the jurisdictional range;\n(4) the need to promote, where practicable, efficiency in using crabs; and\n(5) the need to enhance enforcement.\n(c) A proclamation issued under this section may:\n(1) establish a license that is issued to a person, to a person and limited to a vessel, or to a person according to the equipment used in commercial crab fishing, including issuing tags for crab traps placed in public waters under Section 66.018;\n(2) establish eligibility requirements for a license, including the use of historical participation in the industry or participation in the industry after August 31, 1995, and before November 14, 1996;\n(3) establish requirements for license transfer;\n(4) prohibit license transfer during certain time periods; and\n(5) establish a lottery or an auction for issuing licenses.\nAdded by Acts 1997, 75th Leg., ch. 1256, Sec. 127, eff. Sept. 1, 1997.","path":["PARKS AND WILDLIFE CODE","TITLE 5. WILDLIFE AND PLANT CONSERVATION","SUBTITLE D. CRUSTACEANS AND MOLLUSKS","CHAPTER 78. MUSSELS, CLAMS, AND CRABS","SUBCHAPTER B. CRAB LICENSE MANAGEMENT"],"source_url":"https://statutes.capitol.texas.gov/Docs/PW/htm/PW.78.htm#78.104","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:32Z","sha256":"fa4bd90e30c5fff99dc056f1faa4e9745a5400d6430aaa83f6746614c3ae84af","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-parks-and-wildlife-code-78.103","next":"us-tx/tex.-parks-and-wildlife-code-78.105"},"notice":"GroundRules: Original legal text. Not legal advice."}