SECTION 58.10. Application

(a) This subchapter applies to the taking, attempting to take, possession, purchase, and sale of oyster resources in the salt waters of Texas. It carries out the commission's rulemaking authority granted by the legislature in Parks and Wildlife Code, Chapter 76. The law covering the taking, attempting to take, possession, purchase, and sale of oyster resources in the salt waters of Texas is set forth in both Parks and Wildlife Code, Chapter 76 and this subchapter whereby the provisions of this subchapter prevail over any conflicting provision of Parks and Wildlife Code, Chapter 76 to the extent of the conflict as set forth in Parks and Wildlife Code, §76.301.

(b) This subchapter also applies to activities authorized under a certificate of location including the permitting and marking of, as well as transplant of oysters to, and harvest of oysters pursuant to a certificate of location.

Source Note: The provisions of this §58.10 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective January 18, 2017, 42 TexReg 80