1. (a) No person may engage in cultivated oyster mariculture (COM) in this state unless they have on their person a valid permit issued by the department authorizing the activity. A valid permit may be possessed in physical or electronic format.
2. (b) A Cultivated Oyster Mariculture (COM) Grow-out Permit authorizes the permittee to purchase, receive, grow, and sell cultivated oysters.

3. (c) A Cultivated Oyster Mariculture (COM) Nursery-Hatchery Permit authorizes a permittee to:

   1. (1) hold oyster broodstock and germplasm;
   2. (2) spawn oyster broodstock;
   3. (3) purchase, receive, and grow oyster seed and larvae; and
   4. (4) sell oyster broodstock, germplasm, seed, and larvae; but
   5. (5) does not authorize the sale of oysters in any form for human consumption.
4. (d) No person may conduct an activity authorized by a permit issued under this subchapter at any location other than the location specified by the permit.
5. (e) It is unlawful for a permittee or subpermittee to possess an oyster dredge or oyster tongs within a permitted area or aboard a vessel transporting oysters under the provisions of this subchapter.
6. (f) The period of validity for a permit issued under this subchapter is 10 years, subject to the limitations of this subchapter.
7. (g) Unless otherwise specifically authorized in writing by the department, one year from the date of issuance of a COM Grow-Out Permit and by the anniversary of the date of issuance for each year thereafter, the permittee must provide evidence to the department's satisfaction that at least 100,000 oyster seed per acre of permitted area has been planted.

8. (h) Unless otherwise specifically authorized by the department in writing, cultivated oyster mariculture is restricted to seed and larvae from native Eastern oyster (Crassostrea virginica) broodstock collected or originating from Texas waters and propagated in a permitted Nursery-Hatchery located in Texas.

   1. (1) The department may authorize a person permitted under this subchapter to, on or before December 31, 2033, import:

      1. (A) tetraploid seed, larvae, and/or semen/eggs (germplasm) originating from the Gulf and produced in department-approved out-of-state hatcheries located along the Gulf for use in cultivated oyster mariculture in this state; and/or
      2. (B) triploid seed, larvae, and/or semen/eggs (germplasm) from a tetraploid line of oysters originating from the Gulf and crossed with broodstock originating from Texas, Louisiana, Mississippi, or Alabama waters produced in department-approved out-of-state hatcheries located along the Gulf for use in cultivated oyster mariculture in this state; and/or
      3. (C) diploid seed, larvae, and/or semen/eggs (germplasm) produced from Texas broodstock at department-approved out-of-state hatcheries located along the Gulf for use in cultivated oyster mariculture in this state.
   2. (2) A department authorization made under the provisions of this subsection must be in writing and provide for any permit conditions the department deems necessary.
   3. (3) The department will not authorize the possession of any oyster, larvae, or oyster seed that the department has determined, in the context of the prospective activity, represents a threat to any native oyster population, including to genetic identity.

9. (i) It is unlawful to possess wild caught oysters:

   1. (1) within a COM Grow-Out permitted area;

   2. (2) within a COM Nursery-Hatchery permitted area unless:

      1. (A) they are legally obtained;
      2. (B) labeled as to their identity and use for broodstock; and
      3. (C) held separately from cultivated oysters; or
   3. (3) on a vessel operating under a permit issued under this subchapter.

10. (j) The department may:

    1. (1) inspect any permitted area, facility, infrastructure, container, vessel, or vehicle used to engage in cultivated oyster mariculture;
    2. (2) sample any oyster in a permitted area, facility, container, vessel, or vehicle used to engage in cultivated oyster mariculture in order to determine genetic lineage; and
    3. (3) specify any permit provisions deemed necessary.

11. (k) The holder of a COM Permit (Grow-out or Nursery-Hatchery) must notify the department within 24 hours of the:

    1. (1) discovery of any disease condition within a permitted area; and
    2. (2) discovery of any condition, manmade or natural, that creates a threat of the unintentional release of stock or larvae.
    3. (3) The requirements of this subsection do not apply to the discovery of dermo (Perkinosis, Perkinsus marinus).

12. (l) The department may take any action it considers appropriate, including ordering the removal of all stock and larvae from a permitted area or facility and the cessation of permitted activities, upon:

    1. (1) a determination that a disease condition other than dermo (Perkinsosis, Perkinsus marinus) exists; or
    2. (2) the suspension or revocation by a federal or state entity of a permit or authorization required under §58.355 of this title (relating to Permit Application).
13. (m) The department may order the suspension of any or all permitted activities, including the removal of all stock and larvae from a permitted area or facility, upon determining that a permittee is not compliant with any provision of this subchapter, which suspension shall remain in effect until the deficiency is remedied and the department authorizes resumption of permitted activities in writing.

14. (n) Harvest Requirements.

    1. (1) No person may harvest for the purpose of delivery and/or sale for human consumption any oyster less than 2.0 inches in length (measured along the greatest length of the shell) from a COM Grow-Out permitted area; however, a cargo of oysters may contain oysters between 1.5 inches and 2 inches (measured along the greatest length of the shell); provided such oysters constitute five percent or less of the cargo in question.
    2. (2) Oysters produced under a Nursery-Hatchery permit in waters or using waters from an area classified as Prohibited or Unclassified must be transferred to a COM permitted Grow-Out location in waters classified as Approved or Conditionally Approved before they reach one inch in length (as measured along the greatest length of the shell) and held in that area for a minimum of 120 days before harvest.
    3. (3) Oysters produced under a Nursery-Hatchery permit in waters or using waters from an area classified as Restricted must be transferred to a COM permitted Grow-Out location in waters classified as Approved or Conditionally Approved before they reach one inch in length (as measured along the greatest length of the shell) and held in that area for a minimum of 60 days before harvest. Oysters greater than one inch may be transferred from these facilities but are subject to relay regulation requirements under the NSSP.
    4. (4) Oysters that are out of the water for a time period exceeding the parameters specified by the Time-to-Temperature controls established by DSHS in 25 TAC §241.68, relating to Vibrio vulnificus Management Plan for Oysters, must be re-submerged for a minimum of 14 days prior to harvest for market for raw consumption. Records regarding re-submergence must be maintained in accordance with permit provisions.
    5. (5) It is unlawful for a permittee to harvest oysters under this subchapter unless they have a Grow-Out permit and a Cultivated Oyster Mariculture Harvest Authorization.
15. (o) Harvest of oysters under this subchapter is unlawful between sunset and sunrise.

16. (p) Except as may be specifically provided otherwise in this section, activities authorized by a permit issued under this subchapter shall be conducted only by the permittee or subpermittees named on the permit.

    1. (1) A permittee may designate subpermittees to perform permitted activities in the absence of the permittee.

       1. (A) The permittee shall submit a subpermittee request on a form provided by the department that is signed and dated by both the permittee and subpermittee.
       2. (B) The department will review the request and issue a list of individuals authorized as subpermittees.
       3. (C) The department may refuse to approve a subpermittee if that person would not be eligible to be a permittee under this subchapter.
    2. (2) At all times that a subpermittee is conducting permitted activities, the subpermittee shall have on their person a valid permit and subpermittee list in physical or electronic format
    3. (3) It is an offense for a permittee to allow any permitted activity to be performed by a person not listed with the department as a subpermittee as required under this subsection.
    4. (4) A permittee and subpermittee are jointly liable for violations of this subchapter or the provisions of a permit issued under this subchapter.

17. (q) A permittee shall, prior to the placement of any infrastructure within a permitted area located in or on public water:

    1. (1) mark the boundaries of the permitted area with buoys or other permanent markers and continuously maintain the markers until the termination of the permit. All marker, buoys, or other permanent markers must:

       1. (A) be at least six inches in diameter;
       2. (B) extend at least three feet above the water at mean high tide;
       3. (C) be of a shape and color that is visible for at least one half-mile under conditions that do not constitute restricted visibility; and
       4. (D) be marked with the permit identifier assigned by the department to the permitted area, in characters at least two inches high, in a location where it will not be obscured by water or marine growth; and
    2. (2) install safety lights and signals required by applicable federal regulations, including regulations of the United States Coast Guard (U.S.C.G.) and must be functional. A permittee shall repair or otherwise restore to functionality any light or signal within 24 hours of notification by the U.S.C.G or the department.

18. (r) Transfer of Permit. The department may approve the transfer of a permit.

    1. (1) A transfer request must be submitted to the department for approval on a form provided by the department, accompanied by the application fee specified in §53.13 of this title (relating to Business License and Permits (Fishing)).
    2. (2) The department may refuse to approve a transfer if that person would not be eligible to be a permittee under this subchapter.
    3. (3) A transfer does not change the terms, conditions, or provisions of a permit.
19. (s) Permittees must remove, at the expense of the permittee, all containers, enclosures and associated infrastructure from public waters within 60 calendar days of permit expiration or revocation.
20. (t) A valid gear tag must be attached to each piece of component infrastructure (e.g., containers, cages, bags, sacks, totes, trays, nursery structures) within a permitted area. The gear tag must bear the name and either address or phone number of the permittee and the permit identifier of the permitted area. The information on a gear tag must be legible.
21. (u) It is unlawful for any person to harvest oysters from a COM Grow-Out area for purposes of delivery and/or sale for human consumption unless the oysters are in a container that has been tagged in accordance with the applicable provisions of the NSSP concerning shellstock identification, and this subchapter. Tagging must occur prior to leaving the permitted area.

22. (v) Except as provided by subsection (u) of this section for harvested oysters transported for delivery and/or sale for human consumption, it is unlawful for any person to possess oysters, oyster seed, or oyster larvae outside of a permitted area unless the person also possesses a department-issued Oyster Transport Authorization or the department has authorized in a permit provision the transport of oysters for tumbling and sorting:

    1. (1) Oyster Transport Authorization

       1. (A) An Oyster Transport Request must be submitted to the department prior to the transport date and:

          1. (i) be on a form provided or approved by the department;
          2. (ii) contain the name, address, and, if applicable, permit identifier from whom the oysters, oyster seed, or oyster larvae were obtained;
          3. (iii) contain the name, address, and permit identifier to whom the oyster, oyster seed, or oyster larvae are to be delivered; and
          4. (iv) precisely account for and describe all containers in possession.
       2. (B) The department will review the request and, if approved, will issue an Oyster Transport Authorization specific to the oysters, oyster seed, or oyster larvae being transported.

    2. (2) Permit Provision Authorization for Tumbling and Sorting outside of permitted area

       1. (A) The department may authorize, within a permit's provisions, a permittee to transport oysters to a specified location outside of their permitted area for tumbling and sorting oysters.
       2. (B) Oysters must be returned to the permitted area after tumbling and sorting before harvest.
       3. (C) It is unlawful to transport oysters for tumbling and sorting while in possession of oysters tagged for harvest.
23. (w) A vessel used to engage in activities regulated under this subchapter shall prominently display an identification plate supplied by the department at all times the vessel is being used in such activities.

Source Note:The provisions of this §58.353 adopted to be effective August 24, 2020, 45 TexReg 5916; amended to be effective January 30, 2025, 50 TexReg 559; amended to be effective July 8, 2025, 50 TexReg 3917.