SECTION 241.53. Shell Stock Transplanting and Gathering for Depuration

(a) Any person who wants to transplant molluscan shell stock from a harvest area classified as conditionally approved, restricted, or conditionally restricted shall make application to the TPWD for a permit to transplant molluscan shell stock.

(b) No person may transplant molluscan shell stock without a valid transplant permit from the TPWD.

(c) Each person who transplants molluscan shell stock shall provide the following information to the department:

(1) the source of the molluscan shell stock;

(2) the quantity of molluscan shell stock;

(3) the destination private oyster lease of the molluscan shell stock; and

(4) the date the transplant permit expired or was canceled.

(d) No person shall harvest transplanted molluscan shell stock until the molluscan shell stock has been in waters meeting the approved area criteria for a minimum period of 14 consecutive days.

(e) Any person, firm, or corporation engaging wholly or part-time in the business of gathering molluscan shellfish from areas designated by the department for delivery to a controlled depuration plant shall be required to hold a current permit issued specifically for this purpose by the TPWD, with a copy in the files of the department.

(f) Permits for gathering for depuration shall be granted subject to the following conditions:

(1) all gathering and transporting of molluscan shellfish for depuration must be accomplished between the designated times for sunrise and sunset as set by the National Weather Service for that locale;

(2) all boats and vehicles used to gather or transport molluscan shellfish for depuration shall be conspicuously marked in a manner established by the TPWD. All boats or vehicles so marked shall be thoroughly cleaned and sanitized and the marking removed prior to use for harvesting or transporting treated molluscan shellfish or other molluscan shellfish approved for harvest or sale;

(3) molluscan shellfish gathered for depuration shall not be containerized in any manner resembling normal sales of molluscan shell stock from approved harvest areas. Containers used for normal sales of molluscan shell stock from approved areas shall not be stored on any boat or vehicle used to gather or transport molluscan shellfish for depuration. Containers of untreated molluscan shell stock shall be tagged or labeled as "NOT FOR HUMAN CONSUMPTION";

(4) a copy of the TPWD permit shall be kept on board the vessel at all times during gathering and transporting of molluscan shell stock for depuration;

(5) all gathering and transporting of molluscan shellfish for depuration shall be conducted under the immediate surveillance of a commissioned officer of the TPWD, or other commissioned officer as provided by law. The responsibility for obtaining this surveillance rests with the depuration plant owner or operator. A commissioned officer shall be present for every ten gatherers or gathering boats or for any portion of ten gatherers or boats working for any single depuration plant. An officer shall not concurrently serve as surveillance officer for more than one depuration plant. Separate surveillance officers shall be present for gatherers from the same plant working concurrently in more than one geographic area. The surveillance officer shall have all molluscan shell stock under his or her control at all times during transport from the gathering area to the depuration plant. The surveillance officer shall prepare a written report stating the gathering area(s), species, and quantity of molluscan shellfish gathered each day by each gatherer under his or her surveillance. One copy of the report shall accompany the molluscan shell stock to the depuration plant and be maintained in the plant files for not less than one year from the actual date of gathering. One copy of the report shall be forwarded to the Texas Department of Health, Seafood Safety Division, 1100 West 49th Street, Austin, Texas 78756;

(6) all molluscan shellfish gathered under authority of a depuration permit shall be delivered only to the depuration plant specified in the permit, on the day gathered, and shall be depurated or disposed of as waste; and

(7) molluscan shellfish gathered for depuration shall be protected at all times during gathering and transporting to prevent contamination and undue stress.

(g) Vessels and all other equipment coming in contact with molluscan shell stock during handling or transport for transplant or depuration shall be thoroughly cleaned before the vessels or equipment are used to transport or handle molluscan shellfish for direct marketing.

Source Note: The provisions of this §241.53 adopted to be effective March 20, 2003, 28 TexReg 2346