The following words and terms, when used in the subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Approved area--A molluscan shellfish growing area determined to be acceptable for harvesting of molluscan shellfish for direct marketing according to the National Shellfish Sanitation Program (NSSP).
2. (2) Barrel of oysters--A barrel of oysters is equal to three boxes (bushels) of oysters in the shell. The dimensions of a box are ten inches by 20 inches by 13 1/2 inches. In filling a box for measurement the oysters may not be piled more than 2 1/2 inches above the height of the box at the center. Two gallons of shucked oysters without shells equals one barrel of oysters in the shell.
3. (3) Conditionally approved area--The classification of a shellfish growing area determined by the Texas Department of Health Seafood Safety Division to meet approved area criteria for a predictable period. The period is conditional upon established performance standards specified in a management plan. A conditionally approved area is a restricted area when the area does not meet the approved growing area criteria.
4. (4) Commission--Refers to the nine member Texas Parks and Wildlife Department Commission.
5. (5) Department--Refers to the Texas Parks and Wildlife Department.
6. (6) Natural oyster bed (reef)--A natural oyster bed exists when at least five barrels of oysters are found within 2,500 square feet of any position on a reef.
7. (7) Oyster--That species of molluscan shellfish identified as the Eastern oyster, Crassostrea virginica and its subspecies. No other species of molluscan shellfish are included within this proclamation.
8. (8) Possess--The act of having in possession or control, keeping, detaining, restraining, or holding as owner, or under a fishing ley, or as an agent, bailee, or custodian of another.
9. (9) Private oyster lease--Those state water bottoms leased from the state for the purpose of producing oysters to individuals or corporations incorporated under the laws of this state.
10. (10) Prohibited area--The classification of a shellfish growing area determined by the Texas Department of Health Seafood Safety Division to be unacceptable for the transplanting, gathering for depuration, or harvesting of shellfish. The only shellfish removal permitted from a prohibited area is for the purpose of depletion, as defined in the Control of Harvesting Section of Part 1 of the NSSP.
11. (11) Public oyster bed (reef)--All natural oyster beds (reefs) are public. All oyster beds not designated as private are public.
12. (12) Restricted area--The classification of a shellfish growing area determined by the Texas Department of Health Seafood Safety Division to be unacceptable for harvesting of shellfish for direct marketing, but which is acceptable for transplanting or gathering for depuration. A restricted area may be closed for transplanting or gathering for depuration when the Seafood Safety Division determines that the area does not meet the restricted area criteria established in the NSSP.

Source Note:The provisions of this §58.11 adopted to be effective October 3, 1996, 21 TexReg 9172.