31 Tex. Admin. Code § 58.40 - Oyster Transplant Permits
(a)
Oysters for transplanting pursuant to certificate of location may be taken only
under a permit issued by the department.
(b) Oyster Transplant Application.
(1) The application for a transplant permit
must include the following information:
(A)
oyster certificate of location number;
(B) name and address of the holder of the
certificate of location and/or that of his designated agent;
(C) name, if documented, and/or registration
number of all boats to be used in transplanting operations;
(D) as prescribed in Parks and Wildlife Code,
§
76.031, the
quantity of unculled oysters requested, and a description of areas from which
the oysters are requested to be taken; and
(E) beginning and ending dates of transplant
operations.
(2) Written
applications for transplant permits must be received by the department two
business days prior to the beginning of transplanting operations.
(3) Written applications for transplant
permit amendments must be received by the department at least two business days
prior to the desired effective date of the amendment.
(4) No more than four transplant permits for
a certificate of location will be issued during a one month period.
(5) No transplant permit will be issued for
an oyster certificate of location while a harvest permit for the same
certificate of location is in effect.
(6) A valid transplant permit must be on the
vessel during any transplanting activities.
(7) A transplant permit will not be issued to
any certificate of location holder who has not paid any rental, transfer, sale,
renewal or late penalty fees that are owed to the department.
(8) The number of boats that may be allocated
to a certificate of location for transplanting oysters shall be based on:
(A) the total number of boats that the
department determines may be used to transplant oysters during that specific
season, and
(B) the total number of
active certificates of location during that season.
(9) Boat allocations may be transferred
between certificates of location so long as those transfers occur before
Private Oyster Transplant Permits are issued for those specific certificates of
location and must be identified and included on the transplant permit
request.
(c) Oyster
Transplant Season and Times.
(1) The
department shall establish the oyster transplant season giving consideration to
information furnished to the department by certificate of location
holders.
(2) All transplanting
operations shall begin after sunrise and shall be completed before sunset each
day.
(3) No transplanting will be
permitted on Saturdays, Sundays, major holidays, or on the same days that
harvest operations are permitted.
(d) Transplant Restrictions.
(1) Transplanting of oysters is subject to
the conditions and provisions described in the permit issued by the
department.
(2) Oysters taken for
the purposes of transplanting pursuant to a certificate of location may be
taken only from areas designated by the department as prescribed in Parks and
Wildlife Code, §
76.033.
(3) Oysters may not normally be taken for the
purpose of transplanting from the following areas:
(A) public oyster reefs in areas approved for
oyster harvest and which have been subjected to any degree of oyster fishing in
recent years;
(B) near-shore reefs
around public or private fishing piers where a conflict of interest has arisen
or might arise;
(C) reefs or areas
in which the incidence of diseases, parasites, and/or predators have been
judged potentially dangerous to the public reef fishery if the oysters are
transplanted to other areas; or
(D)
areas declared to be unsuitable for transplanting by TDSHS because of the
presence of persistent chemicals or diseases that might be dangerous to public
health.
(4) All oysters
obtained under a transplant permit must be deposited upon the acreage under
location identified in the permit.
(5) The cargo of oysters transplanted will
consist of unculled oysters and shell, unless specified otherwise.
(6) The permit may require oysters to be
culled on the reef from which they are taken if the department determines that
the reef area may be protected or improved by such action.
(7) The permit holder may cull the cargo of
oysters harvested pursuant to a certificate of location.
(8) Oysters may be transplanted only to
acreage under location which is properly marked at all corners.
(9) No oysters may be transplanted to acreage
under location that is adjacent to or adjoining acreage under location approved
for harvest.
(e)
Reporting Requirement. Weekly transplant reports must be prepared by the
permittee and submitted to the department each Monday following the week of
transplant.
Notes
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