|(a) It is lawful to take oysters for commercial use
by non-mechanical means.
(b) Gear Restrictions. During the open public season,
it is unlawful while taking or attempting to take oysters for pay
or the purpose of sale, barter, or exchange or any other commercial
(1) use more than one dredge;
(2) use a dredge which exceeds 48 inches in width and
a two-barrel capacity;
(3) have on board more than one dredge, unless spare
dredges are secured, to or on the wheelhouse, or to the deck in such
a manner as to not be readily accessible for use;
(4) have on board more than one winch chain, cable,
or rope unless spare chains, cables or ropes are secured below deck;
(5) have on board more than one lifting block unless
spare blocks are secured below deck.
(c) 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.
(d) Possession Limits. It is unlawful to take in one
day, for pay or the purpose of sale, barter, or exchange, or any other
commercial purpose, or to have on board any licensed commercial oyster
boat more than:
(1) 50 sacks of culled oysters of legal size; or
(2) the volumetric equivalent of 6 sacks of unculled
oysters while on the reef.
(e) Harvester/Shell Recovery Tag. A person who harvests
oysters from Texas waters for commercial purposes shall, immediately
upon harvest, attach a properly executed harvester/shell recovery
tag to the outside of the sack in which the oysters are placed.
(1) A Harvester/Shell Recovery Tag is properly executed
when all required information has been entered on the tag.
(2) The tag must be placed on the outside of the sack
immediately upon filling, prior to unloading, and remain until the
sack is empty or retagged and thereafter kept on file for 90 days.
(3) The appropriate harvester/shell recovery tag (green
or white) must be affixed to the sack regardless of the season or
whether the requirements of 25 TAC §241.57 (relating to Molluscan
Shellfish Harvesting and Handling) apply.
(f) Reporting Requirements. A dealer who purchases
or receives oysters directly from any person other than a licensed
dealer must file a report with the department each month as prescribed
under Parks and Wildlife Code, §66.019(c).
|Source Note: The provisions of this §58.22 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective October 13, 2003, 28 TexReg 8954; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective October 26, 2005, 30 TexReg 6935; amended to be effective July 2, 2006, 31 TexReg 5134; amended to be effective October 30, 2011, 36 TexReg 7339; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective October 21, 2013, 38 TexReg 7312