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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 57FISHERIES
SUBCHAPTER DCOMMERCIALLY PROTECTED FINFISH
RULE §57.372Packaging Requirements

(a) All commercially protected finfish imported into this state for sale, exported from this state for sale, or being transported intrastate for sale, shall be packaged, one species per package.

(b) A package is defined as a container (and such invoices and identifying documents as are required by these rules) whose volume is no greater than six cubic feet or any container that does not contain more than three individual fish. Each container must be independent of any other container and of any trailer, vehicle, or other type of conveyance.

(c) Each packaged shipment of commercially protected finfish shall be accompanied by an import commercially protected finfish shipping invoice, an intrastate commercially protected finfish shipping invoice, or an export commercially protected finfish shipping invoice (Figure 1).

(d) An Import Commercially Protected Finfish Shipping Invoice shall:

  (1) accompany all shipments of commercially protected finfish entering the state;

  (2) contain all of the following information, correctly stated and legibly written:

    (A) commercially protected finfish shipping invoice number;

    (B) date of shipment;

    (C) name and address of shipper;

    (D) name and address of receiver;

    (E) shipper's and receiver's Texas finfish import license number when required;

    (F) number and weight of whole fish or fillets, by species, contained in the shipment; and

    (G) state (or country, if outside the United States) of origin;

  (3) be submitted in Figure 1, with an "X" placed in the import box for shipments originating outside Texas with a destination within Texas;

  (4) be sequentially numbered during the license period. No invoice number may be used twice during any one license period by an individual licensee.

(e) An Intrastate Commercially Protected Finfish Shipping Invoice (Figure 1) shall:

  (1) accompany all shipments of commercially protected finfish shipped from within the state to a destination within the state;

  (2) contain all of the following information, correctly stated and legibly written:

    (A) commercially protected finfish shipping invoice number;

    (B) date of shipment;

    (C) name and address of shipper;

    (D) name and address of receiver;

    (E) shipper's and receiver's Texas finfish import license number when required;

    (F) number and weight of whole fish or fillets, by species, contained in the shipment; and

    (G) state (or country, if outside the United States) of origin;

  (3) be submitted in Figure 1, with an "X" placed in the intrastate box for shipments originating inside Texas with a destination within Texas;

  (4) be sequentially numbered during the license period. No invoice number may be used twice during any one license period by an individual licensee.

(f) An Export Commercially Protected Finfish Shipping Invoice (Figure 1) shall:

  (1) accompany all shipments of commercially protected finfish shipped from within the state to a destination outside Texas;

  (2) contain all of the following information, correctly stated and legibly written:

    (A) commercially protected finfish shipping invoice number;

    (B) date of shipment;

    (C) name and address of shipper;

    (D) name and address of receiver;

    (E) shipper's and receiver's Texas finfish import license number when required;

    (F) number and weight of whole fish or fillets, by species, contained in the shipment; and

    (G) state (or country, if outside the United States) of origin;

  (3) be submitted in Figure 1, with an "X" placed in the export box for shipments originating inside Texas with a destination outside of Texas;

  (4) be sequentially numbered during the license period. No invoice number may be used twice during any one license period by an individual licensee.

(g) Each commercially protected finfish shipping invoice shall be duplicated by the licensee.

  (1) A licensee shall report each imported, exported, or intrastate shipment to the department within 24 hours via a department-approved Internet application.

  (2) One copy shall be retained by the licensee for a period of one year from the date of receipt of each imported shipment or from the date of shipping of each intrastate or exported shipment.

  (3) One copy shall be retained by the receiver for a period of one year from the date of receipt of each import, intrastate, or export shipment.

(h) A restaurant owner, operator, or employee receiving commercially protected finfish from the holder of a Texas finfish import license is exempt from subsection (g)(1) of this section, but is required to comply with subsection (g)(3) of this section, provided that the commercially protected finfish is for consumption on the premises by the restaurant patrons.

(i) The holder of a retail fish dealer license receiving commercially protected finfish from the holder of a Texas finfish import license is exempt from subsection (g)(1) of this section, but is required to comply with subsection (g)(3) of this section.

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Source Note: The provisions of this §57.372 adopted to be effective March 1, 1982, 7 TexReg 621; amended to be effective November 1, 1983, 8 TexReg 4000; amended to be effective December 28, 1991, 16 TexReg 7202; amended to be effective February 28, 1994, 19 TexReg 1118; amended to be effective April 15, 1996, 21 TexReg 3026; amended to be effective October 21, 2013, 38 TexReg 7311

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