The following provisions shall apply to all shell dredging in state-owned
submerged tidelands of this state.
(1) The director of the department is expressly authorized
to issue shell dredging permits in all the coastal waters of Texas except
that at the director's discretion the commission may be requested to consider
the issuance of a permit and except that in no event will shell dredging operations
be conducted in those areas described as follows.
(A) In Galveston and Trinity Bays within 300 feet of the exposed
portions of what are known as Dollar's Reef, Todd's Dump Reef, Hanna's Reef,
Fisher's Reef, No Name Reef (located south of the Texas City Dyke), and Moody's
Reef and further in no event will dredging operations be conducted in Trinity
Bay within 2,000 feet of what is known as Vingtune Island.
(B) In no event will shell dredging operations be conducted
in that portion of San Antonio Bay and tributary water bodies north of North
Latitude 28 and 22 minutes except that shell dredging operations may be conducted
in state Tracts 74, 101, 102, and 106.
(C) Permittee will map and mark the edges of all exposed reefs
within 1,500 feet of the proposed dredge operating site prior to the commencement
of any dredging within an authorized tract. All mapping and marking will be
verified and approved by the department prior to any dredging.
(D) Those sections relating to siltation and to minor violations
for siltation of exposed reefs are suspended for operations which occur in
state Tracts 74, 101, 102, and 106 in San Antonio Bay when no live oysters
are present on an exposed reef at any time during the dredging operation.
Permittee will remove all silt from an exposed reef or at the department's
option will resurface the entire area of the exposed reef with clean, coarse
shell to the satisfaction of the department. If live oysters are present on
any exposed reef and siltation occurs to the reef as a result of the dredging
operation or related dredging activities of permittee, those sections relating
to siltation and minor violations will remain in full force and effect. For
purposes of this subparagraph, live oysters are considered to be present on
an exposed reef within a state tract when three department samples, one bushel
or more each, samples produce an average of one or more market oyster (three
inches or larger) per bushel, or ten or more seed oysters (3/4 inch to three
inches), and spat (below 3/4 inch) combined per bushel sample. The director
will designate the period of time when the shell will be furnished to the
department. The quantity of shell referred to in this subparagraph is in addition
to the shell permittee is required to furnish for reef enhancement by §69.121
of this title (relating to Prices).
(E) In any single bay system, no more than one dredge per permittee
will be authorized to operate at any time and not more than one dredge will
operate at one time regardless of the number of permittees. The director will
determine the periods of operation allotted to each permittee and all periods
will be distributed equally as nearly as possible.
(F) Permittee will be required to use a silt screen around
the discharge pipe of the dredge at such times as it is determined by the
department agent having responsibility for shell management that this procedure
is necessary to diminish the silt load in the water column.
(G) Permittee will pay the costs incident to the monitoring
of shell dredging operations and for monitoring the biological, physical,
and chemical parameters deemed essential by the department to maintain water
quality and fisheries production in San Antonio Bay as required by §69.121
of this title (relating to Prices). Monitoring of shell dredging activities
and biological, physical, and chemical parameters includes, but is not limited
to: surveying of exposed reefs, placement and checks of siltation baskets
to determine sediment transport and deposit, sampling of reef surfaces to
determine deposition of dredge-suspended sediments, and such other similar
activities deemed appropriate by the director. Factors such as dredge distance
from reefs, length of operation, direction and depth, extent of plume, turbidity,
type and composition of suspended solids, water depth, tidal current and direction,
wind direction and velocity, salinity and temperatures may be determined as
necessary in evaluating siltation and assuring compliance with department
regulations.
(2) Shell dredging operators will be required to secure permits
from the director of the department to dredge shell and mudshell in areas
authorized to be dredged under these sections and under such terms and conditions
as may be prescribed from time to time by the director, except that north
of north latitude 28 degrees and 22 minutes in San Antonio Bay only state
Tracts 74, 101, 102, and 106 may be opened to dredging, but only one of the
previously numbered state tracts will be designated for dredging at any one
time. Once dredging has been completed within a designated state tract, no
further dredging will be authorized in that state tract without written permission
of the director.
(3) Dredging operations for the removal, taking, and carrying
away of shell and mudshell may be conducted except that:
(A) Operations may not be conducted within 300 feet of any
exposed reef of within 100 feet of an exposed reef in state Tracts 74, 101,
102, and 106 in San Antonio Bay.
(B) Operations may not be conducted within 1/2 mile of any
shoreline.
(C) Operations may not be conducted in marginal water less
than four feet in depth.
(4) The commission authorizes the director to carry out and
enforce these rules as enacted or amended.
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