Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017 Page: 6,023
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Texas Association of Bass Clubs
Texas Big Horn Society
Texas Black Bass United
Texas Conservation Alliance
Texas Dog Hunters Association
Texas Dove Hunters Association
Texas Foundation for Conservation
Texas Outdoor Writers Association
Texas Wildlife Association
The amendments are adopted under Parks and Wildlife Code,
76.112, and 76.301, which, respectively, authorize the com-
mission to adjust the tolerance for undersize oysters within a
cargo of oysters and regulate the taking, possession, purchase
and sale of oysters, including prescribing the times, places, con-
ditions, and means and manner of taking oysters.
58.21. Taking or Attempting to Take Oysters from Public Oyster
Beds: General Rules.
(a) Seasons and Times.
(1) The open season extends from November 1 of one year
through April 30 of the following year.
(2) Legal oystering hours--sunrise to 3:30 p.m.
(b) Size Limits and Possession of Undersized Oysters and
Shell.
(1) Size limit--Legal oysters must be three inches or larger
as measured along the greatest length of the shell.
(2) Oysters between 3/4 inch and three inches in length and
dead oyster shell that is greater than 3/4 inch (measured along any axis)
must be returned to the reef at the time of harvest.
(3) Unculled oysters must not be sacked and must be kept
separate from culled oysters at all times.
(4) It is unlawful for any person to take or possess a cargo
of oysters more than 5% of which are between 3/4 inch and three inches
measured from beak to bill or along an imaginary line through the long
axis of the shell. For the purposes of this paragraph, any dead oyster
shell measuring greater than 3/4 inch along any axis shall be counted
as an undersized oyster.
(c) Area Closures.
(1) There is no open public season for oysters from ar-
eas declared to be restricted or prohibited by the Department of State
Health Services or areas closed by the commission.
(A) The director may close an area to the taking of oys-
ters upon finding that the area is being overworked or damaged or the
area is to be reseeded or restocked, and may re-open the areas as pro-
vided in Parks and Wildlife Code, 76.115.
(B) An order to close an area shall state the criteria used
by the director to determine that the closure is warranted.
(C) The department shall consult with members of the
oyster industry regarding the management of oyster beds in the state.
(D) For the purposes of this section an area will include
those designated by the Department of State Health Services as "Ap-
proved" and "Conditionally Approved" or other areas based on evalu-
ation by the department.(E) No person may harvest oysters in an area closed by
order of the commission or the executive director.
(2) No person may take or attempt to take oysters within
an area described in this paragraph. The provisions of subparagraphs
(A) and (B) of this paragraph cease effect on November 1, 2018.
(A) Galveston Bay.
(i) Todd's Dump Reef. The area within the
boundaries of a line beginning at 29 29' 55.4"N, 940 53' 40.1"W
(29.498733 N, -94.894467 W; corner marker buoy A); to 29 29'
55.4"N, 940 53' 30.6"W (29.498724 N, -94.891834W; corner marker
buoy B); thence to 29 29- 46.6"N, 940 53- 30.4"W (29.496273N,
-94.891768 W; corner marker buoy C); thence to 29 29' 46.6"N, 940
53' 40.2"W (29.496273 N, -94.8944950W; corner marker buoy D);
and thence back to corner marker buoy A.
(ii) South Redfish Reef. The area within the
boundaries of a line beginning at 29 28' 21.1"N, 940 49 17.3W
(29.472517N, -94.821472 W; corner marker buoy A); thence, to
29 28' 08.3"N, 940 49' 00.3"W (29.468971N, -94.816744W;
corner marker buoy B); thence to 29 27' 58.9"N, 940 49' 09.7"W
(29.466359 N, -94.81935 W; corner marker buoy C); thence to 29
28' 12.0"N, 940 49' 26.5"W (29.469989N, -94.824025W; corner
marker buoy D); and thence and back to corner marker buoy A.
(iii) Texas City 1 (Mosquito Island). The area of
Middle Reef contained area within the boundaries of a line beginning
at 29 23' 52.1"N, 940 52' 41.3"W (29.3978110N, -94.878138W;
corner marker buoy A); thence to 29 23' 52.3"N, 940 52' 39.2"W
(29.397860N, -94.877570W; corner marker buoy B); thence to 29 23'
45.1", 950 52' 37.9"W (29.3958670N, -94.877184 W; corner marker
buoy C); thence to 29 23' 44.9"N, 950 52' 39.9"W (29.395813N,
-94.8777530W; corner marker buoy D); and thence back to corner
marker buoy A.
(iv) Texas City 2 (Fishing Pier). The area within
the boundaries of a line beginning at 290 22' 58.2"N, 940 51' 39.7"W
(29.3828330N, -94.861037 W; corner marker buoy A); thence to
290 22' 57.5"N, 940 51' 36.2"W (29.382645N, -94.860069W;
corner marker buoy B); thence to 290 22' 56.3"N, 940 51' 36.6"W
(29.3823010N, -94.8601690W; corner marker buoy C); thence to 290
22' 57.0"N, 940 51' 40.1"W (29.3824910N, -94.8611350W; corner
marker buoy D); and thence back to corner marker buoy A.
(B) Matagorda Bay - Half-Moon Reef. The area
within the boundaries of a line beginning at 280 34' 18.8"N, 960 14'
08.4"W (28.5718890N, -96.235667 W; corner marker buoy A); thence
to 280 34' 15.7N, 960 13' 59.4"W (28.5710280N, -96.2331670W;
corner marker buoy B); thence to 280 33' 53.8"N, 960 14' 19.5W
(28.5649440N, -96.238750W; corner marker buoy C); thence to 280
33' 57.0"N, 960 14' 28.5"W (28.5658330N, -96.241250W; corner
marker buoy D); and thence back to corner marker A.
(C) Christmas Bay, Brazoria County.
(D) Carancahua Bay, Calhoun and Matagorda County.
(E) Powderhorn Lake, Calhoun County.
(F) Hynes Bay, Refugio County.
(G) St. Charles Bay, Aransas County.
(H) South Bay, Cameron County.
(I) Areas along all shorelines extending 300 feet from
the water's edge, including all oysters (whether submerged or not) land-
ward of this 300-foot line.
58.22. Commercial Fishing.ADOPTED RULES October 27, 2017 42 TexReg 6023
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Texas. Secretary of State. Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017, periodical, October 27, 2017; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth897027/m1/111/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.