1. (a) Oysters may be harvested from a private lease only under a permit issued by the department.

2. (b) Oyster Harvest Application.

   1. (1) Written application for a harvest permit must be received five days prior to the requested harvest dates and include the following:

      1. (A) the oyster lease number;
      2. (B) the name of the lease holder and/or that of his designated agent;
      3. (C) the name and/or registration number of all boats to be used in harvesting operations; and
      4. (D) beginning and ending dates for the permit.
   2. (2) No more than four harvest permits for a lease will be issued during a one month period.
   3. (3) A harvest permit will not be valid until 15 days after expiration of a transplant permit for the same lease or leases adjacent thereto and with approval of the Texas Department of Health.
   4. (4) Harvest permits will be issued upon monthly verification and approval of lease markers by the department.
   5. (5) A valid harvest permit must be on the vessel during any harvesting activities.
3. (c) Harvest of oysters from a private lease is subject to conditions as provided in the department issued permit.
4. (d) Reporting Requirement. Monthly harvest report forms must be prepared by the permittee at the end of each month and supplied to the department.
5. (e) A harvest permit will not be issued to any leaseholder who has not paid any rental, transfer, sale, renewal or late penalty fees that are owed to the department.

Source Note:The provisions of this §58.50 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective February 28, 2002, 27 TexReg 1330.