§ 66.216. Possession of Headed or Tailed Fish
(a) No person may possess a finfish of any species taken from coastal water, except broadbill swordfish, shark, or king mackerel, that has the head removed unless the fish has been finally processed and delivered to the final destination or to a certified wholesale or retail dealer.
(b) No person may possess a finfish of any species taken from coastal water, except broadbill swordfish or king mackerel, that has the tail removed unless the fish has been finally processed and delivered to the final destination or to a certified wholesale or retail dealer.
Credits
Added by Acts 1981, 67th Leg., p. 376, ch. 153, § 6, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 73, eff. Sept. 1, 1985; Acts 2015, 84th Leg., ch. 1254 (H.B. 1579), § 1, eff. July 1, 2016.
§ 66.2161. Sale or Purchase of Shark Fins
(a) In this section:
(1) “Destroy” means, with respect to a shark fin, to denature the fin for the purpose of rendering the fin inedible.
(2) “Place of business” has the meaning assigned by Section 47.001.
(3) “Sale” includes barter and exchange.
(4) “Shark” means any species of the subclass Elasmobranchii.
(5) “Shark fin” means the fresh and uncooked, or cooked, frozen, dried, or otherwise processed, detached fin or tail of a shark.
(b) A person may process in a place of business or restaurant a shark carcass into steaks or fillets only if:
(1) the steaks and fillets do not contain any portion of a shark fin; and
(2) each of the shark's fins is destroyed and discarded in the manner prescribed by the department immediately on detaching the fins from the remainder of the carcass.
(c) A person commits an offense if the person:
(1) fails to immediately destroy and discard a shark fin as required by Subsection (b) or otherwise violates that subsection;
(2) buys or offers to buy, sells or offers to sell, possesses for the purpose of sale, transports or ships for the purpose of sale, or advertises for sale a shark fin regardless of where the shark was taken or caught; or
(3) violates a proclamation or rule adopted under this section.
(d) Except as provided by Subsection (e), an offense under this section is a Class B Parks and Wildlife Code misdemeanor.
(e) An offense under this section is a Class A Parks and Wildlife Code misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section during the five-year period preceding the date of the trial of the current offense.
(f) Each shark fin a person purchases or possesses for the purpose of sale in violation of this section constitutes a separate offense.
(g) For purposes of Subsection (c)(2), proof that the person possessed a shark fin, other than a shark fin that has been destroyed, in a place of business or restaurant or on any commercial vessel on the waters of this state is prima facie evidence that the person possessed the shark fin for the purpose of sale.
(h) For purposes of Subsection (c)(2), proof that the person advertised for sale a shark fin, a product containing shark fin, or a product represented to be or to contain shark fin is prima facie evidence that the person offered a shark fin for sale.
(i) Notwithstanding Subsection (c)(2) , the department may issue a permit for the possession, transport, sale, or purchase of shark fins for a bona fide scientific research purpose. Subsection (c)(2) does not apply to a person who possesses, transports, sells, or purchases a shark fin in accordance with a permit issued under this subsection.
(j) When a person is charged with an offense under this section, the warden or other peace officer shall seize and hold as evidence the shark fin, product containing shark fin, or product represented to be or to contain shark fin. Notwithstanding Section 12.109, on a final court ruling, the department shall destroy the shark fin, product containing shark fin, or product represented to be or to contain shark fin.
(k) The commission may adopt rules as necessary to administer this section.
Credits
Added by Acts 2015, 84th Leg., ch. 1254 (H.B. 1579), § 2, eff. July 1, 2016. Amended by Acts 2023, 88th Leg., ch. 101 (S.B. 1839), § 1, eff. Sept. 1, 2023.
§ 66.218. Penalties
(a) Except as otherwise provided by this section, a person who violates a provision of this subchapter or a proclamation adopted under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) If it is shown at the trial for a violation of Section 66.2011, 66.2012, 66.2014, or 66.208 of this code or a proclamation adopted under those sections that the defendant has been convicted within five years before the trial date of a violation of the section for which the defendant is being prosecuted, on conviction the defendant shall be punished for a Class B Parks and Wildlife Code misdemeanor.
(c) Repealed by Acts 2023, 88th Leg., ch. 101 (S.B. 1839), § 2.
(d) Repealed by Acts 2023, 88th Leg., ch. 101 (S.B. 1839), § 2.
Credits
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 74, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 723, § 15, eff. Sept. 1, 1991; Acts 2015, 84th Leg., ch. 1254 (H.B. 1579), § 3, eff. July 1, 2016; Acts 2023, 88th Leg., ch. 101 (S.B. 1839), § 2, eff. Sept. 1, 2023.