SECTION 58.23. Non-commercial (Recreational) Fishing

(a) It is lawful to take oysters for personal use by non-mechanical means.

(b) Gear Restrictions. It is unlawful while taking or attempting to take oysters for personal use to:

(1) use a dredge that exceeds 14 inches in width; or

(2) have more than one dredge connected in any manner to a winch, chain or other lifting device during the open public season; or

(3) have on board any dredge(s), other than the one connected to a winch, chain, or other lifting device, unless secured below deck, to or on the wheelhouse, or to the deck in such a manner as to not be readily accessible for use.

(c) Seasons and Times.

(1) The open season extends from November 1 of one year through April 30 of the following year.

(2) Legal oyster fishing days-Monday through Saturday.

(3) Legal oystering hours--sunrise to 3:30 p.m.

(d) Possession Limit. It is unlawful for a person to take in one day or possess, more than two sacks of legal sized oysters.

(e) Prohibition of Sale. It is unlawful to sell oysters taken without a valid commercial oyster fishing license.

Source Note: The provisions of this §58.23 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective July 2, 2006, 31 TexReg 5134; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective November 1, 2016, 41 TexReg 8293