Sec. 47.038. SEINES OR NETS FOR MENHADEN    


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  • (a) Nets or purse seines used for catching menhaden may not be:

    (1) less than one and one-half inch stretched mesh, excluding the bag;

    (2) used in any bay, river, pass, or tributary, nor within one mile of any barrier, jetty, island, or pass, nor within one-half mile offshore in the Gulf of Mexico; or

    (3) used for the purpose of taking edible aquatic products for the purpose of barter, sale, or exchange.

    (b) No person lawfully catching menhaden in the tidal water of this state may sell, barter, or exchange any edible aquatic products caught in a menhaden seine or net. Possession of edible aquatic fish in excess of five percent by volume of menhaden fish in possession is a prima facie violation of this chapter.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.