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RULE §58.22Commercial Fishing

(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 purpose to:

  (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; or

  (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

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