1. (a) It is lawful to take oysters for commercial use by non-mechanical means.

2. (b) Gear Restrictions. During the open public season, it is unlawful while taking or attempting to take oysters for pay or the purpose of sale, barter, or exchange or any other commercial purpose to:

   1. (1) use more than one dredge;
   2. (2) use a dredge which exceeds 48 inches in width and a two-barrel capacity;
   3. (3) have on board more than one dredge, unless spare dredges are secured, to or on the wheelhouse, or to the deck in such a manner as to not be readily accessible for use;
   4. (4) have on board more than one winch chain, cable, or rope unless spare chains, cables or ropes are secured below deck; or
   5. (5) have on board more than one lifting block unless spare blocks are secured below deck.

3. (c) Possession Limits. It is unlawful while taking or attempting to take oysters for pay or the purpose of sale, barter, or exchange or any other commercial purpose to have on board any licensed commercial oyster boat:

   1. (1) more than 50 barrels of culled oysters of legal size; or
   2. (2) more than two barrels of unculled oysters while on the reef.
4. (d) Reporting requirements. A dealer who purchases or receives oysters directly from any person other than a licensed dealer must file a report with the department each month as prescribed under Parks and Wildlife Code, §66.019(c).

Source Note:The provisions of this §58.22 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective October 13, 2003, 28 TexReg 8954; amended to be effective June 10, 2004, 29 TexReg 5640.