1. (a) General Rules.

   1. (1) No certificate of location will be issued for:

      1. (A) a natural oyster bed unless the department has determined that it is degraded, consistent with the provisions of Parks and Wildlife Code, §76.003(b);
      2. (B) a bay shore area within 100 yards of the shore as prescribed in Parks and Wildlife Code, §76.004;
      3. (C) an area subject to an exclusive riparian right as provided under Parks and Wildlife Code, §76.004 and §76.005;
      4. (D) an area already under location; or
      5. (E) an area within 1,000 feet of a location not owned or controlled by the applicant unless the applicant secures written permission.
   2. (2) The term of a certificate of location for purposes of harvest is 15 years, as prescribed in Parks and Wildlife Code, §76.018.
   3. (3) The term of a certificate of location for purposes of restoration is 15 years.
   4. (4) In accordance with the Oyster Fishery Management Plan required by Parks and Wildlife Code, §76.301, the department may accept applications for certificates of location.
   5. (5) No harvest of oysters is permitted from an area for which a certificate of location has been issued for restoration purposes.
   6. (6) It is an offense for any person to move oysters from or cause oysters to be moved from an area for which a certificate of location has been issued except as provided by §58.40 of this title (relating to Oyster Transplant Permits) or §58.50 of this title (relating to Oyster Harvest Permits)
   7. (7) A locator may conduct non-harvest activities after potentially damaging events, such as extreme weather events, on locations otherwise closed by DSHS, provided the locator has received prior authorization of the activity from the department in writing.

2. (b) Application for Certificate of Location (Harvest or Restoration).

   1. (1) An application for a certificate of location shall be accompanied by a nonrefundable application fee of $200.
   2. (2) The department shall designate specific times and dates during which applications will be accepted and shall make such information publicly available.

   3. (3) Prior to the submission of an application, the applicant shall consult with an authorized employee(s) of the department to enable the department to determine necessary survey requirements and evaluate the prospective location with respect to:

      1. (A) natural oyster reefs;
      2. (B) shoreline;
      3. (C) areas restricted or prohibited by TDSHS;
      4. (D) spoil disposal areas;
      5. (E) other areas subject to a certificate of location;
      6. (F) riparian rights;
      7. (G) presence of exposed shell;
      8. (H) presence of live oysters;
      9. (I) sediment overburden; and
      10. (J) other habitats.
   4. (4) An application must specify the purpose of the prospective certificate of location (for harvest or restoration purposes).

   5. (5) An application shall consist of, at a minimum:

      1. (A) the applicant's name and address;
      2. (B) signed affirmation that the applicant is a United States citizen or a domestic corporation;

      3. (C) a description of the acreage for which the certificate of location is sought, including:

         1. (i) a map showing approximate size and location in relation to state land tracts;
         2. (ii) the corner coordinates of the proposed site; and

      4. (D) a cultch placement plan for the site, including reasonable estimates of:

         1. (i) the nature or composition of materials to be used;
         2. (ii) the quantity of materials to be used; and
         3. (iii) the time of placement or deployment.
   6. (6) The department shall approve or disapprove an application based on the totality of factors involved, including the suitability of the location with respect to the purpose and size of the area.

3. (c) Public Hearing on Application.

   1. (1) If the department determines that the proposed location site meets all siting requirements of this subchapter and Parks and Wildlife Code, Chapter 76, the department shall:

      1. (A) hold a public hearing to provide opportunity for public comment;
      2. (B) publish a notification of the date, time, and purpose of the public hearing on the department website and any other outlet deemed appropriate;
      3. (C) publish the notification between ten and 20 days prior to the public hearing; and
      4. (D) make information about the proposed certificate of location available to the public at the hearing.
   2. (2) The department will consider all public comment relevant to the application..
   3. (3) The department shall review findings of the public hearing and submit recommendations to the Coastal Fisheries Division Director for approval.
   4. (4) The applicant will be notified within 14 days after the hearing of either approval or denial of the application for a certificate of location.

4. (d) Responsibilities of Approved Locator.

   1. (1) The department will not make a final decision to approve an application for a certificate of location until:

      1. (A) the applicant has provided the department with:

         1. (i) a map of the location showing the relation of the location with respect to surrounding or nearby state land tract boundaries;
         2. (ii) the latitude and longitude coordinates of the location; and
         3. (iii) evidence to satisfy the department that all applicable permits and authorizations required by other state and federal governmental entities have been secured; and
      2. (B) the department has inspected the location and verified the latitude and longitude coordinates required under subparagraph (A) of this paragraph.

   2. (2) Prior to any placement of cultch or other materials, the locator shall mark the boundaries of the location with buoys or other permanent markers in accordance with United States Coast Guard regulations and maintain buoys or other permanent markers for the duration of the period of validity of the certificate. Supplemental markers may be required along the boundaries if one corner marker is not clearly visible from another corner marker.

      1. (A) All marker buoys or other permanent markers must be:

         1. (i) at least six inches in diameter;
         2. (ii) at least three feet out of the water at mean high tide;
         3. (iii) of a shape and color that is visible for at least 1/2 mile under normal weather conditions;
         4. (iv) marked with the certificate of location number (Buoys or other permanent markers common to two or more locations must be marked with all numbers of the certificate of location);
         5. (v) marked with at least two-inch high letters in plain Arabic block letters in a location where it will not be obscured by water or marine growth; and
         6. (vi) marked with all required U.S. Coast Guard markings.

      2. (B) Buoys must be anchored by:

         1. (i) A screw anchor with a minimum one-inch galvanized sucker rod and 12-inch head inserted ten feet into the bottom; or
         2. (ii) two anchors per buoy and each anchor having a minimum weight of 300 pounds.
      3. (C) When replacement of buoys or other permanent markers is necessary, original latitude and longitude coordinates of the final survey must be used to relocate markers.
   3. (3) An authorized employee(s) of the department shall inspect and verify latitude and longitude coordinates.
   4. (4) A locator shall submit proposed amendments to a placement plan to the department for review. The department must approve amendments to a placement plan prior to any activities under a prospective amendment.

   5. (5) In the event that unavoidable or unforeseeable developments or extenuating circumstances make the attainment of the benchmarks in this paragraph impractical or impossible, the department may, on a case-by-case basis, waive, defer, or amend a benchmark. Beginning on the date of issuance of certificate of location for purposes of restoration, the locator shall submit documentation of project progress to the department as follows:

      1. (A) placement initiated--within the first 24 months;
      2. (B) 50% of the plan completed--within five years;
      3. (C) 60% of the plan completed--within 10 years; and
      4. (D) 80% of the plan completed--by time of renewal.

   6. (6) Rental Fee.

      1. (A) The holder of a certificate of location for harvest shall pay to the department $20 per acre of location per year. The fee established by this subparagraph shall be recalculated at three-year intervals beginning on the effective date of this section and proportionally adjusted to any change in the Consumer Price Index, the department's cost-recovery needs, or both.
      2. (B) Rental fees for certificates of location for harvest are due annually by March 1 as prescribed in Parks and Wildlife Code, §76.017.
      3. (C) The holder of a certificate of location shall pay the department a late penalty fee equal to 10 percent of the amount due for any rental, transfer, sale, or renewal fee that is not paid when due as prescribed in Parks and Wildlife Code, §76.017.
      4. (D) Failure to pay any rental, transfer, sale, renewal, or late penalty fee within 90 days of the due date terminates the (certification of location) as prescribed in Parks and Wildlife Code, §76.017.
      5. (E) There is no rental fee for certificates of location for restoration.

   7. (7) Renewal of Certificate of Location.

      1. (A) As prescribed in Parks and Wildlife Code, §76.018, at the end of the term of a certificate of location for harvest the department shall determine the need for continuation of the certificate of location based on:

         1. (i) considerations as specified in §58.12 of this title (relating to Oyster Fishery Management Plan); and
         2. (ii) any other consideration the department deems significant enough to warrant continuation.
      2. (B) If the certificate of location for harvest is to be renewed under the conditions of the department as prescribed in Parks and Wildlife Code, §76.018, the holder of the certificate of location shall be offered the first right of refusal for renewal as prescribed in Parks and Wildlife Code, §76.018.
      3. (C) Certificates of location for restoration will be renewed at the request of the locator

   8. (8) Alteration of Boundaries

      1. (A) The department must approve all boundary alterations prior to any alteration of boundaries of a certificate of location.

      2. (B) If there is any alteration to the boundaries of a location, the locator shall be responsible for having the location resurveyed and providing the department with survey notes and a map of the location showing:

         1. (i) the location in relation to state land tract boundaries; and
         2. (ii) latitude and longitude coordinates for all corner markers.
      3. (C) The department will not approve any alteration of the boundaries of a certificate of location until the survey required by this paragraph has been conducted and provided to the department.

   9. (9) Auction Procedures.

      1. (A) A certificate of location for harvest may be auctioned by the department if it is not renewed as prescribed by this subchapter and Parks and Wildlife Code, §76.018.
      2. (B) Auction procedures do not apply to certificates of location for restoration; if certificates of location for restoration are not renewed, the location automatically reverts to the public domain.

      3. (C) The department may determine a minimum acceptable bid based on:

         1. (i) bid offers from previous auctions;
         2. (ii) established open market prices; and
         3. (iii) other relevant factors.
      4. (D) The department may refuse all bids below the minimum acceptable bid.
      5. (E) The department must follow prescribed bid guidelines for state agencies.

   10. (10) Transfers or Sale.

       1. (A) A transfer or sale of a certificate of location does not change location terms.
       2. (B) A payment of $200 will be due upon transfer or sale of a certificate of location.
       3. (C) A transfer fee will not be required when a certificate of location is inherited.
       4. (D) A completed transfer form prescribed by the department is required at time of transfer.

Source Note:The provisions of this §58.30 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 12, 2013, 38 TexReg 3649; amended to be effective January 18, 2017, 42 TexReg 80; amended to be effective April 29, 2025, 50 TexReg 2598.