: Texas Administrative Code

Texas Administrative Code

TITLE 31	NATURAL RESOURCES AND CONSERVATION
PART 2	TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 58	OYSTERS AND SHRIMP
SUBCHAPTER A	STATEWIDE OYSTER FISHERY PROCLAMATION
RULE §58.21	Taking or Attempting to Take Oysters from Public Oyster Beds: General Rules

(a) Seasons and Times.

(1) The open season extends from November 1 of one year through April 30 of the following year.

(2) Legal oystering hours--sunrise to 3:30 p.m.

(b) Size Limits and Possession of Undersized Oysters.

(1) Size limit--Legal oysters must be three inches or larger as measured along the greatest length of the shell.

(2) Oysters which are between 3/4 inch and three inches in length must be returned to the reef at the time of harvest.

(3) Unculled oysters shall be kept separate from culled oysters.

(4) It is unlawful for any person to take or possess a cargo of oysters more than 15% of which are between 3/4 inch and three inches measured from beak to bill or along an imaginary line through the long axis of the shell.

(c) Area Closures. There is no open public season for oysters from areas declared to be restricted or prohibited by the Department of State Health Services or areas closed by the commission.

(1) The director may close an area to the taking of oysters upon finding that the area is being overworked or damaged or the area is to be reseeded or restocked, and may re-open the areas as provided in Parks and Wildlife Code, §76.115.

(2) An order to close an area shall state the criteria used by the director to determine that the closure is warranted.

(3) The department shall consult with members of the oyster industry regarding the management of oyster beds in the state.

(4) For the purposes of this section an area will include those designated by the Department of State Health Services as "Approved" and "Conditionally Approved" or other areas based on evaluation by the department.

(5) No person may harvest oysters in an area closed by order of the commission or the executive director.

Source Note: The provisions of this §58.21 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective December 6, 2009, 34 TexReg 8781; amended to be effective October 30, 2011, 36 TexReg 7339

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