PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 58. OYSTERS, SHRIMP, AND FINFISH
SUBCHAPTER A. STATEWIDE OYSTER FISHERY PROCLAMATION
The Texas Parks and Wildlife Commission in a duly noticed meeting on November 2, 2023 adopted an amendment to 31 TAC §58.21, concerning Taking or Attempting to Take Oysters from Public Oyster Beds: General Rules, without changes to the proposed text as published in the September 29, 2023, issue of the Texas Register (48 TexReg 5624) and will not be republished.
The rule temporarily prohibits the harvest of oysters for two years within the boundaries of restoration areas on two reefs: one site in Conditionally Approved Area TX-7 in Galveston Bay (East Redfish Reef, approximately 42.6 acres), and one site in Conditionally Approved Area TX-6 in Galveston Bay (North Dollar Reef, 21.8 acres). The amendment as adopted temporarily closes a total of 64.4 acres of oyster reef for two years. The Texas Department of State Health Services (DSHS) regulates shellfish sanitation and designates specific areas where oysters may be harvested for human consumption. The designation of "Conditionally Approved" or "Approved" is determined by DSHS.
The temporary closures will allow for the planting of oyster cultch to repopulate in those areas and enough time for those oysters to reach legal size for harvest. Oyster cultch is the material to which oyster spat (juvenile oysters) attach in order to create an oyster bed.
Under Parks and Wildlife Code, §76.115, the department may close an area to the taking of oysters when the commission finds that the area is being overworked or damaged or the area is to be reseeded or restocked. Oyster reefs in Texas have been impacted due to drought, flooding, and hurricanes (Hurricane Ike, September 2008 and Hurricane Harvey, August 2017), as well as high harvest pressure. The department's oyster habitat restoration efforts to date have resulted in a total of approximately 1,709 acres of oyster habitat returned to productive habitat within these bays.
Over $3.4 million from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, administered through the Gulf States Marine Fisheries Commission (GSMFC), was awarded to TPWD to restore oyster habitat to offset impacts to commercial oyster fisheries from decreased landings, workforce, and demand for oysters resulting from COVID-19. Funding was also generated as a result of the passage of House Bill 51 (85th Legislature, 2017), which included a requirement that certified oyster dealers re-deposit department-approved cultch materials in an amount equal to thirty percent of the total volume of oysters purchased in the previous license year. Additionally, Shell Oil and Gas has donated $50,000 to the Galveston Bay oyster restoration project. These funds will be used to restore approximately 21 acres on East Redfish Reef and nine acres on North Dollar Reef. Oyster abundance on these reefs has severely declined over time, and the portion of the reefs selected for restoration is characterized by degraded substrates. These sites were selected in collaboration with the commercial oyster industry, which provided input on site prioritization through a series of workshops. Commercial oyster industry representatives also accompanied TPWD on site surveys to determine the suitability of the substrate for restoration. The restoration activities will focus on establishing stable substrate and providing suitable conditions for spat settlement and oyster bed development.
The department received one comment opposing adoption of the rule as proposed. The commenter stated opposition to the 300-ft closure zone imposed by current rule on all shoreline and stated that Christmas Bay should be re-opened "with no land access." The department disagrees with the comment and responds that the proposed rule did not contemplate the 300-ft closure zone and therefore any changes to the provision are beyond the scope of the rulemaking and would require separate rule action. The department also responds that the closure of Christmas Bay was also not contemplated by the proposed rulemaking and therefore any changes to that provision are also beyond the scope of the rulemaking and require separate rule action. No changes were made as a result of the comment.
The department received 18 comments supporting adoption of the rule as proposed.
The amendment is adopted under Parks and Wildlife Code, §76.301, which authorizes the commission to regulate the taking, possession, purchase and sale of oysters, including prescribing the times, places, conditions, and means and manner of taking oysters.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 7, 2024.
TRD-202400465
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: February 27, 2024
Proposal publication date: September 29, 2023
For further information, please call: (512) 389-4775