31 Tex. Admin. Code § 57.985 - Spotted Seatrout - Special Provisions
(a) On the
effective date of this section, the provisions of §
57.981(c)(5)(O)(iv)
of this title (relating to Bag, Possession,
and Length Limits) cease effect and no person may retain a spotted seatrout of
28 inches in length or greater except as provided in this section. To the
extent that any provision of this section conflicts with any provision of §
57.981(c)(5)(O)
of this title, this section controls.
(b) The provisions of subsections (c) - (f)
of this section take effect September 1, 2024.
(c) During a license year, a person may
retain one spotted seatrout of greater than 28 inches in length, provided:
(1) a properly executed Spotted Seatrout Tag,
a properly executed Exempt Angler Spotted Seatrout Tag, or properly executed
Duplicate Exempt Spotted Seatrout Tag has been affixed to the fish;
and
(2) one spotted seatrout
exceeding the length limit established by subsection (a) of this section in
addition to a spotted seatrout retained under the provisions of paragraph (1)
of this section, provided a properly executed Bonus Spotted Seatrout Tag or
properly executed Duplicate Bonus Spotted Seatrout Tag has been affixed to the
fish.
(3) A spotted seatrout
retained under a Spotted Seatrout Tag, an Exempt Angler Spotted Seatrout Tag, a
Duplicate Exempt Spotted Seatrout Tag, or a Bonus Spotted Seatrout Tag may be
retained in addition to the daily bag and possession limit as provided in §
57.981(c)(5)(O)
of this title.
(d) A
person who lawfully takes a spotted seatrout under a digital license issued
under the provisions of §53.3(a)(12) this title (relating to Super Combination
Hunting and Fishing License Packages) or under a lifetime license with the
digital tagging option provided by §
53.4(a)(1) of
this title (relating to Lifetime Licenses) that exceeds the maximum length
limit established in §
57.981(c)(5)(O)
of this title is exempt from any requirement of Parks and Wildlife Code or this
subchapter regarding the use of license tags for that species; however, that
person shall immediately upon take ensure that a harvest report is created and
submitted via a mobile or web application provided by the department for that
purpose. If the absence of data connectivity prevents the receipt of a
confirmation number from the department following the report required by this
subparagraph, the person who took the spotted seatrout is responsible for
ensuring that the report required by this subsection is uploaded to the
department immediately upon the availability of network connectivity.
(e) It is an offense for any person to
possess a spotted seatrout exceeding the maximum length established by this
section under a digital license or digital tagging option without being in
immediate physical possession of an electronic device that is:
(1) loaded with the mobile or web application
designated by the department for harvest reporting under this section;
and
(2) capable of uploading the
harvest report required by this section.
(f) A person who is fishing under a license
identified in §
53.4(a)(1) of
this title and selected the fulfilment of physical tags must comply with the
tagging requirements of this chapter that are applicable to the tagging of
spotted seatrout under a license that is not a digital license.
Notes
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