31 Tex. Admin. Code § 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 and Shell.
(1) Size limit--Legal oysters must be three
inches or larger as measured along the greatest length of the shell.
(2) Oysters between 3/4 inch and three inches
in length and dead oyster shell that is greater than 3/4 inch (measured along
any axis) must be returned to the reef at the time of harvest.
(3) Unculled oysters must not be sacked and
must be kept separate from culled oysters at all times.
(4) It is unlawful for any person to take or
possess a cargo of oysters more than 5% 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. For the purposes of this paragraph, any dead oyster shell
measuring greater than 3/4 inch along any axis shall be counted as an
undersized oyster.
(c)
Area Closures.
(1) 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.
(A) 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.
(B) An order to close an area shall state the
criteria used by the director to determine that the closure is
warranted.
(C) The department shall
consult with members of the oyster industry regarding the management of oyster
beds in the state.
(D) 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.
(E) No person may harvest oysters in an area
closed by order of the commission or the executive director.
(2) No person may take or attempt
to take oysters within an area described in this paragraph. The provisions of
subparagraphs (A)(i)-(ii) cease effect on November 1, 2025. The provisions of
subparagraph (A)(iii)-(iv) cease effect on November 1, 2026. The provisions of
subparagraph (B) of this paragraph cease on November 1, 2024.
(A) Galveston Bay.
(i) East Redfish Reef. The area within the
boundaries of a line beginning at 29° 30' 10.95"N, 94° 49' 29.21"W (29.503043,
-94.824781, corner marker buoy A); thence to 29° 30' 16.31"N, 94° 49' 15.68"W
(29.50453, -94.821024, corner marker buoy B); thence to 29° 30' 03.79"N, 94º
49' 08.97"W (29.501053, -94.819161, corner marker buoy C); thence to 29º 29'
58.12"N, 94º 49' 22.24"W (29.49948, -94.822844, corner marker buoy D); thence
back to corner marker buoy A.
(ii)
North Dollar Reef. The area within the boundaries of a line beginning at 29º
27' 36.09"N, 94º 54' 24.97"W (29.460025, -94.873606, corner marker buoy A);
thence to 29º 27' 43.72"N, 94º 52' 09.05"W (29.462146, -94.86918, corner marker
buoy B); thence to 29º 27' 38.66"N, 94º 52' 05.80"W (29.460738, -94.868278,
corner marker buoy C); thence to 29º 27' 30.93"N, 94º 52' 21.71"W (29.458593,
-94.872699, corner marker buoy D); and thence back to corner marker buoy
A.
(iii) Dollar Reef HSE Mitigation
Site. The area within the boundaries of a line beginning at 29° 27' 32.85"N,
94° 53' 45.62"W (29.459125°N, 94.896006°W, corner marker buoy A); thence to 29°
27' 04.95"N, 94° 52' 39.17"W (29.451376°N, 94.877548°W, corner marker buoy B);
thence to 29° 26' 27.69"N, 94° 53' 02.34"W (29.441026°N, 94.883984°W, corner
marker buoy C); thence to 29° 26' 42.34"N, 94° 53' 37.31"W (29.445094°N,
94.893697°W, corner marker buoy D); thence to 29° 27' 25.61"N, 94° 53' 52.37"W
(29.457114°N. 94.897881°W, corner marker buoy E); and thence back to buoy
A.
(iv) Desperation Reef. The area
within the boundaries of a line beginning at 29° 29' 34.40"N, 94° 52' 53.08"W
(29.49289°N, 94.88141°W, corner marker buoy A); thence to 29° 29' 35.69"N, 94°
52' 46.70"W (29.49325°N, 94.87964°W, corner marker buoy B); thence to 29° 29'
28.14"N, 94° 52' 41.56"W (29.49115°N, 94.87821°W, corner marker buoy C); thence
to 29° 29' 26.56"N, 94° 52' 51.56"W (29.49071°N, 94.88098°W, corner marker buoy
D); thence back to buoy A.
(B) Espiritu Santo Bay- Josephine's Reef. The
area within the boundaries of a line beginning at 28° 18' 42.6"N, 96° 35'
48.9"W (28.311833°N, -96.596916°W; corner marker buoy A); thence, to 28° 18'
34.7"N, 96° 35' 42.0"W (28.309651°N, -96.594988°W; corner marker buoy B);
thence to 28° 18' 22.1"N, 96° 36' 00.3"W (28.306142°N, -96.600075°W; corner
marker buoy C); thence to 28° 18' 30.0"N, 96° 36' 07.2"W (28.308324°N,
-96.602004°W; corner marker buoy D); and thence back to corner marker buoy
A.
(C) Christmas Bay, Brazoria
County.
(D) Carancahua Bay, Calhoun
and Matagorda County.
(E)
Powderhorn Lake, Calhoun County.
(F) Hynes Bay, Refugio County.
(G) St. Charles Bay, Aransas
County.
(H) South Bay, Cameron
County.
(I) Mesquite Bay, Aransas
and Calhoun counties.
(J) Carlos
Bay, Aransas County. The area within the boundaries of Carlos Bay from the
border of Mesquite Bay to a line beginning at 28° 06' 52.19"N, 96° 55' 32.52"W
(28.11450°N, -96.92570°W) and ending at 28° 06' 38.19"N, 96° 53' 17.41"W
(28.11061°N, -96.88817°W).
(K)
Ayres Bay, Calhoun County. The area within the boundaries of Ayres Bay from the
border of Mesquite Bay to a line beginning at 28° 12' 50.18"N, 96° 48' 44.53"W
(28.21394°N, -96.81237°W) and ending at 28° 11' 17.05"N, 96° 47' 32.38"W
(28.18807°N, -96.79233°W).
(L)
Areas along all shorelines extending 300 feet from the water's edge, including
all oysters (whether submerged or not) landward of this 300-foot
line.
Notes
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