SECTION 58.50. Oyster Harvest Permits

(a) Oysters may be harvested pursuant to a certificate of location only under a permit issued by the department.

(b) Oyster Harvest Application.

(1) Written application for a harvest permit must be received two business days prior to the requested harvest dates and include the following:

(A) the oyster certificate of location number;

(B) the name of the holder of the certificate of location and/or that of his designated agent;

(C) the name and/or registration number of all boats to be used in harvesting operations; and

(D) beginning and ending dates for the permit.

(2) No more than four harvest permits for a certificate of location will be issued during a one month period.

(3) A harvest permit will not be valid until 15 days after expiration of a transplant permit for the same certificate of location or certificates of location adjacent thereto and with approval of the TDSHS.

(4) A valid harvest permit must be on the vessel during any harvesting activities.

(c) Harvest of oysters pursuant to a certificate of location is subject to conditions as provided in the department issued permit.

(d) Reporting Requirement. Monthly harvest report forms must be prepared by the permittee at the end of each month and supplied to the department’s commercial landings program by the (10th) of the month following the month in which harvest occurred.

(e) A harvest permit will not be issued to any certificate of location holder who has not paid any rental, transfer, sale, renewal or late penalty fees that are owed to the department.

Source Note: The provisions of this §58.50 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective February 28, 2002, 27 TexReg 1330 ; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective June 12, 2013, 38 TexReg 3649; amended to be effective January 18, 2017, 42 TexReg 80