Sec. 134.018. LICENSE NOT REQUIRED FOR SALE OF CERTAIN FISH    


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  • (a) An aquaculture license is not required for the sale of fish:

    (1) that are not on the Parks and Wildlife Department's list of exotic fish, shellfish, and aquatic plants;

    (2) collected from a private facility on private land by a person who holds an aquaculture license;

    (3) by the owner of the private facility from which the fish were collected;

    (4) to manage the fish population in the private facility; and

    (5) to a person who holds an aquaculture license.

    (b) Not later than the 30th day after the sale of fish under this section, the buyer who holds an aquaculture license shall submit a copy of the invoice for the sale to the Parks and Wildlife Department. The seller and the buyer shall maintain a record of the sale for not less than one year. The record must contain at least:

    (1) the invoice number;

    (2) the date of the sale;

    (3) the name and address of the seller;

    (4) the physical location of the facility from which the fish were collected;

    (5) the name, address, and aquaculture license number of the buyer; and

    (6) the number of fish sold.

    (c) Sections 66.020 and 66.111, Parks and Wildlife Code, do not apply to a sale under this section.

Added by Acts 2005, 79th Leg., Ch. 759 , Sec. 1, eff. September 1, 2005.