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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 58OYSTERS, SHRIMP, AND FINFISH
SUBCHAPTER ECULTIVATED OYSTER MARICULTURE
RULE §58.352Definitions

When used in this subchapter, the following words and terms shall have the following meanings, except where the context clearly indicates otherwise. All other words and terms used in this subchapter shall have the meanings assigned by the Parks and Wildlife Code.

  (1) Administratively complete--An application for a permit or permit renewal that contains all information requested by the department, as indicated on the application form, without omissions.

  (2) Container--Any bag, sack, box, crate, tray, conveyance, or receptacle used to hold, store, or transport oysters possessed under a permit issued under this subchapter.

  (3) Cultured oyster mariculture facility (facility)--Any building, cage, or other infrastructure within a permitted area.

  (4) Gear tag--A tag composed of material as durable as the device to which it is attached.

  (5) Infrastructure--A building, platform, dock, vessel, cage, nursery structure, or any other apparatus or equipment within a permitted area.

  (6) Larvae--The free-swimming, planktonic life stage of an oyster.

  (7) National Shellfish Sanitation Program (NSSP)--The cooperative program administered by the United States Food and Drug Administration (USFDA) for the sanitary control of shellfish produced and sold for human consumption in the United States and adopted by rule of the Department of State Health Services.

  (8) Nursery structure--A tank or chamber or system of tanks or chambers or other, similar devices in which a cultivated oyster is grown.

  (9) Oyster seed--Shellstock of less than legal size.

  (10) Permitted area--The geophysical and/or geographical area identified in a permit where cultivated oyster mariculture activities are authorized.

  (11) Permit Identifier (permit ID)--A unique alphanumeric identifier issued by the department to a permittee holding a Cultivated Oyster Mariculture permit.

  (12) Permittee--A person who holds a permit issued under this subchapter.

  (13) Prohibited Area--As defined by Texas Health and Safety Code, §436.002(27).

  (14) Restricted Area-- As defined by Texas Health and Safety Code, §436.002(30).

  (15) Restricted visibility--Any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorm, sandstorms, or any other similar causes.

  (16) Shellstock (stock)--Live eastern oysters (Crassotrea virginica) in the shell.

  (17) Wild-caught oyster--An oyster harvested from natural oyster beds.


Source Note: The provisions of this §58.352 adopted to be effective August 24, 2020, 45 TexReg 5916

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