SECTION 58.11. Definitions

The following words and terms, when used in the subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Approved area--A molluscan shellfish growing area determined to be acceptable for harvesting of molluscan shellfish for direct marketing according to the National Shellfish Sanitation Program (NSSP).

(2) Barrel of oysters--As defined in Parks and Wildlife Code, §76.001, a barrel of oysters is three boxes of oysters in the shell or two gallons of shucked oysters without shells. The dimensions of a box are ten inches by 20 inches by 13 1/2 inches. In filling a box for measurement the oysters may not be piled more than 2 1/2 inches above the height of the box at the center.

(3) Certificate of Location--A department-issued certificate authorizing a person or domestic corporation to plant oysters in a specifically delineated area of the public water of the state for the purpose of establishing a private oyster bed.

(4) Conditionally approved area--The classification of a shellfish growing area determined by the Texas Department of State Health Services (TDSHS) to meet approved area criteria for a predictable period. The period is conditional upon established performance standards specified in a management plan. A conditionally approved area is a restricted area when the area does not meet the approved growing area criteria.

(5) Commission--The Texas Parks and Wildlife Department Commission.

(6) Culling--The process of separating undersized oysters from oysters that are lawful to possess.

(7) Department--The Texas Parks and Wildlife Department.

(8) Director--The executive director of the department.

(9) Harvester/Shell Recovery Tag--An identifying marker that must be affixed to the outside of each sack of oysters at the time of harvest, in the location of harvest, containing information required by the TDSHS under the NSSP, and remain affixed during transportation of the oysters to a dealer.

(10) Location--The acreage of public water for which a certificate of location has been issued.

(11) Location term--The 15-year term of a certificate of location.

(12) Locator--A person or domestic corporation to whom or which a certificate of location has been issued.

(13) Natural oyster bed (reef)--As defined in Parks and Wildlife Code, §76.051, a natural oyster bed is an area where at least five barrels of oysters are found within 2,500 square feet of any position on a reef or bed.

(14) Open season--A period during which it is lawful to take oysters.

(15) Oyster--That species of molluscan shellfish identified as the Eastern oyster, Crassostrea virginica and its subspecies. No other species of molluscan shellfish are included within this proclamation.

(16) Possess--The act of having in possession or control, keeping, detaining, restraining, or holding as owner, or as an agent, bailee, or custodian of another.

(17) Prohibited area--The classification of a shellfish growing area determined by the TDSHS to be unacceptable for the transplanting, gathering for depuration, or harvesting of shellfish. The only shellfish removal permitted from a prohibited area is for the purpose of depletion, as defined in the Control of Harvesting Section of Part 1 of the NSSP.

(18) Public oyster bed (reef)--As defined in Parks and Wildlife Code, §76.002, all natural oyster beds (reefs) are public. All oyster beds not designated as private are public.

(19) Restricted area--The classification of a shellfish growing area determined by the TDSHS to be unacceptable for harvesting of shellfish for direct marketing, but which is acceptable for transplanting or gathering for depuration. A restricted area may be closed for transplanting or gathering for depuration when the TDSHS determines that the area does not meet the restricted area criteria established in the NSSP.

(20) Sack of oysters--A volume of oysters, including dead oyster shell that weighs no more than 110 pounds including the sack.

(21) Under location-- An area subject to a certificate of location.

Source Note: The provisions of this §58.11 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective February 28, 2002, 27 TexReg 1330; amended to be effective October 26, 2005, 30 TexReg 6935; amended to be effective December 6, 2009, 34 TexReg 8781; amended to be effective October 30, 2011, 36 TexReg 7339; amended to be effective October 21, 2013, 38 TexReg 7312; amended to be effective July 23, 2015, 40 TexReg 4697; amended to be effective January 18, 2017, 42 TexReg 80