| (a) Violations of the transplanting or harvesting procedures
include, but are not limited to, the following:
(1) harvesting oysters from areas under a certificate
of location other than covered under permit;
(2) harvesting oysters from restricted or prohibited
areas as designated by TDSHS;
(3) transplanting oysters from unauthorized areas or
to areas not authorized under a certificate of location;
(4) transplanting oysters without a valid transplanting
permit;
(5) harvesting oysters without a valid harvesting permit;
(6) transplanting on or harvesting oysters pursuant
to a certificate of location from a location which is not properly
marked;
(7) failure to adhere to any conditions of the permit;
(8) failure to amend a transplant or harvest permit
to include additions or deletions of boats; or
(9) failure to submit weekly transplant reports or
monthly harvest reports.
(10) failure to have a valid permit on the vessel during
authorized activities.
(b) Violations of paragraphs (1) and (2) of subsection
(a) of this section shall result in a one year cancellation and withholding
of all permits for the affected certificates of location.
(c) Violations of paragraphs (3), (4), and (5) of subsection
(a) of this section, shall result in a 45-calendar-day cancellation
and withholding of all permits for the affected certificate of location
beginning on the next approved harvest or transplant day.
(d) Violations of paragraphs (6), (7), (8), (9), and
(10) of subsection (a) of this section, or the other provisions in
the permits, shall result in a five-calendar-day cancellation and
withholding of all permits for the affected certificate of location
beginning on the next approved harvest or transplant day.
(e) In the event a transplant or harvest permit is
canceled, the holder of the certificate of location may appeal to
the executive director within five days, stating, in writing, why
the permit should be reinstated.
|
| Source Note: The provisions of this §58.60 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 |
