SECTION 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 areas 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 oysters 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 provided 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 "Approved" and "Conditionally Approved" or other areas based on evaluation 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)(i)-(ii) cease effect on November 1, 2025. The provisions of subparagraph (A)(iii) and (B) of this paragraph cease on November 1, 2024.

(A) Galveston Bay.

(i) East Redfish Reef. The area within the boundaries of a line beginning at 29° 30' 10.95"N, 94° 49' 29.21"W (29.503043, -94.824781, corner marker buoy A); thence to 29° 30' 16.31"N, 94° 49' 15.68"W (29.50453, -94.821024, corner marker buoy B); thence to 29° 30' 03.79"N, 94° 49' 08.97"W (29.501053, -94.819161, corner marker buoy C); thence to 29° 29' 58.12"N, 94° 49' 22.24"W (29.49948, -94.822844, corner marker buoy D); thence back to corner marker buoy A.

(ii) North Dollar Reef. The area within the boundaries of a line beginning at 29° 27' 36.09"N, 94° 54' 24.97"W (29.460025, -94.873606, corner marker buoy A); thence to 29° 27' 43.72"N, 94° 52' 09.05"W (29.462146, -94.86918, corner marker buoy B); thence to 29° 27' 38.66"N, 94° 52' 05.80"W (29.460738, -94.868278, corner marker buoy C); thence to 29° 27' 30.93"N, 94° 52' 21.71"W (29.458593, -94.872699, corner marker buoy D); and thence back to corner marker buoy A.

(iii) Dollar Reef HSE Mitigation Site. The area within the boundaries of a line beginning at 29° 27' 22.92"N, 94° 53' 46.44"W (29.456367°N, -94.896233°W, corner marker buoy A); thence to, 29° 27' 13.62"N, 94° 53' 23.80"W (29.453784°N, -94.889944°W, corner marker buoy B); thence to, 29° 26' 51.77"N, 94° 53' 40.51"W (29.447713°N, -94.894587°W, corner marker buoy C); thence to, 29° 27' 18.96"N, 94° 53' 49.96"W (29.455265°N, -94.897211°W, corner marker buoy D); and thence back to corner marker buoy A.

(B) Espiritu Santo Bay- Josephine's Reef. The area within the boundaries of a line beginning at 28° 18' 42.6"N, 96° 35' 48.9"W (28.311833°N, -96.596916°W; corner marker buoy A); thence, to 28° 18' 34.7"N, 96° 35' 42.0"W (28.309651°N, -96.594988°W; corner marker buoy B); thence to 28° 18' 22.1"N, 96° 36' 00.3"W (28.306142°N, -96.600075°W; corner marker buoy C); thence to 28° 18' 30.0"N, 96° 36' 07.2"W (28.308324°N, -96.602004°W; corner marker buoy D); and thence back to corner marker buoy 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) Mesquite Bay, Aransas and Calhoun counties.

(J) Carlos Bay, Aransas County. The area within the boundaries of Carlos Bay from the border of Mesquite Bay to a line beginning at 28° 06' 52.19"N, 96° 55' 32.52"W (28.11450°N, -96.92570°W) and ending at 28° 06' 38.19"N, 96° 53' 17.41"W (28.11061°N, -96.88817°W).

(K) Ayres Bay, Calhoun County. The area within the boundaries of Ayres Bay from the border of Mesquite Bay to a line beginning at 28° 12' 50.18"N, 96° 48' 44.53"W (28.21394°N, -96.81237°W) and ending at 28° 11' 17.05"N, 96° 47' 32.38"W (28.18807°N, -96.79233°W).

(L) Areas along all shorelines extending 300 feet from the water's edge, including all oysters (whether submerged or not) landward of this 300-foot line.

Source Note: The provisions of this §58.21 adopted to be effective October 3, 1996, 21 TexReg 9172; 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 September 1, 2014, 39 TexReg 6509; amended to be effective July 23, 2015, 40 TexReg 4697; amended to be effective November 1, 2016, 41 TexReg 8293; amended to be effective November 1, 2017, 42 TexReg 6018; amended to be effective June 10, 2019, 44 TexReg 2846; amended to beeffective February 3, 2021, 46 TexReg 831; amended to be effective November 1, 2021, 46 TexReg 7221; amended to be effective April 11, 2023, 48 TexReg 1844; amended to be effective February 27, 2024, 49 TexReg 1099