SECTION 58.60. Transplant or Harvest Permit Cancellation

(a) Violations of the transplanting or harvesting procedures include, but are not limited to, the following:

(1) harvesting oysters from areas under a certificate of location other than covered under permit;

(2) harvesting oysters from restricted or prohibited areas as designated by TDSHS;

(3) transplanting oysters from unauthorized areas or to areas not authorized under a certificate of location;

(4) transplanting oysters without a valid transplanting permit;

(5) harvesting oysters without a valid harvesting permit;

(6) transplanting on or harvesting oysters pursuant to a certificate of location from a location which is not properly marked;

(7) failure to adhere to any conditions of the permit;

(8) failure to amend a transplant or harvest permit to include additions or deletions of boats; or

(9) failure to submit weekly transplant reports or monthly harvest reports.

(10) failure to have a valid permit on the vessel during authorized activities.

(b) Violations of paragraphs (1) and (2) of subsection (a) of this section shall result in a one year cancellation and withholding of all permits for the affected certificates of location.

(c) Violations of paragraphs (3), (4), and (5) of subsection (a) of this section, shall result in a 45-calendar-day cancellation and withholding of all permits for the affected certificate of location beginning on the next approved harvest or transplant day.

(d) Violations of paragraphs (6), (7), (8), (9), and (10) of subsection (a) of this section, or the other provisions in the permits, shall result in a five-calendar-day cancellation and withholding of all permits for the affected certificate of location beginning on the next approved harvest or transplant day.

(e) In the event a transplant or harvest permit is canceled, the holder of the certificate of location may appeal to the executive director within five days, stating, in writing, why the permit should be reinstated.

Source Note: The provisions of this §58.60 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