1. (a) This subchapter applies to the taking, attempting to take, possession, purchase, and sale of oyster resources in the salt waters of Texas. It carries out the Commmission's rulemaking authority granted by the legislature in Parks and Wildlife Code, Chapter 76. The law covering the taking, attempting to take, possession, purchase, and sale of oyster resources in the salt waters of Texas is set forth in both Parks and Wildlife Code, Chapter 76 and this subchapter whereby the provisions of this subchapter prevail over any conflicting provision of Parks and Wildlife Code, Chapter 76 to the extent of the conflict as set forth in Parks and Wildlife Code, §76.301.
2. (b) This subchapter also applies to private oyster leases including the permitting and marking of, as well as transplant of oysters to, and harvest of oysters from private oyster leases.

Source Note:The provisions of this §58.10 adopted to be effective October 3, 1996, 21 TexReg 9172.