The Attorney General of Texas
October 22, 1979
MARK WHITE
Attorney General
Honorable Charles D. Travis Opinion No. MW-74
Executive Director
Texas Parks and Wildlife Department Re: Authority of Parks and
4200 Smith School Road Wildlife Department to require
Austin, Texas 76744 reports on sales of fiih by
commercial fishermen.
Dear Mr. Travis:
You have asked whether the Texas Parks and Wildlife Department has
authority to prescribe reporting procedures concerning the harvest and sale
of saltwater fiih.
The department has the responsibility for collecting statistical data on
the fiihing industry of the Texas coastal areas. Sec. 66.209, Parks and
Wildlife Code, V.T.C.S. That section provides:
S 66.209. Statistical Reports
(a)~The department shall gather statistical informa-
tion on the harvest of fish, shrimp, oysters, and other
forms of edible marine life of the Texas coast.
(b) The department shall prescribe and distribute
the report form. The form shall be designed to allow
for statistical information concerning the numbers
and quantity by weight of seafood taken, the species
taken, the kinds of equipment used, and the water
from which the catch is made.
(c) No dealer who purchases fish, shrimp, oysters,
or other forms of edible marine life directly from the
fisherman may fail to file the report with the
department each month on or before the 10th day of
the month. No dealer required to report may wilfully
file en incorrect report.
(d) Any dealer who violates Subsection (c) of this
section is guilty of a misdemeanor and on conviction
is punishable by a fine of not less than $lO nor more
than $50.
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Honorable Charles D. Travis - Page Two (NJ’+74)
See also Parks & Wildlife Code, SS6LO61,6LO66.
The department has adopted rule 127.70.01274 which requires the reporting of
individual sales transactions of all saltwater fish. You ask whether the agency has the
authority to prescribe such reports. It is our opinion that the department does have such
authority under section 66.209(b) and the decision to use a monthly report heretofore used,
or an individual sales transaction report filed monthly, rests within the reasonable
discretion of the department.
SUMMARY
The Parks and Wildlife Department may require reporting of sales
of saltwater fish on either a monthly or individual transaction
basis.
- MARK WHITE
Attorney General of Texas
JOHN W. FAINTKR, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by David B. Brooks
Assistant Attorney General
APPROVED:
OPINIONCOMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Bill Campbell
Susan Garrison
Rick Gilpin
William G Reid
Bruce Youngblood
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