| (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.
|
| Source Note: The provisions of this §58.40 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective February 28, 2002, 27 TexReg 1330; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective January 18, 2017, 42 TexReg 80 |
