TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 53. FINANCE

SUBCHAPTER A. FEES

DIVISION 1. LICENSE, PERMIT, AND BOAT AND MOTOR FEES

The Texas Parks and Wildlife Commission in a duly noticed meeting on May 22, 2025, adopted an amendment to 31 TAC §53.13, concerning Business Licenses and Permits (Fishing), with changes to the proposed text as published in the April 18, 2025, issue of the Texas Register (50 TexReg 2477) and will be republished. The amendment reduces the annual fees for both types of Cultivated Oyster Mariculture (COM) permits issued by the department. The amendment is intended to encourage the development and maturation of a commercially viable oyster mariculture industry that could provide relief to native natural oyster reefs and associated ecosystems.

The change inserts a colon in subsection (d)(3) to create grammatical sense. The change is nonsubstantive.

The 86th Texas Legislature in 2019 enacted House Bill 1300, which added new Chapter 75 to the Texas Parks and Wildlife Code and delegated to the Parks and Wildlife Commission the authority to regulate the process of growing oysters in captivity. In turn, the commission in 2020 adopted regulations governing oyster mariculture (45 TexReg 5916), which included various fees.

At the direction of the commission, the department reviewed all department data relative to the costs of implementation and operation of the COM program and comparable fees for oyster mariculture in other Gulf states, interacted extensively with the regulated community, and determined that a reduction in fees could result in more rapid maturation of the industry in Texas and the realization of attendant resource and ecosystem benefits. The department notes that the Texas General Land Office (GLO) recently reduced surface lease fees for COM operations. In 2024, the GLO lease fee was reduced to $500 per acre per year from $1,500 per acre per year.

In Fiscal Year (FY) 2024, the average fee for a COM Grow-Out permit was $3,495.46 (range $900 - $13,500 per year) and for a Nursery-Hatchery it was $1,805.55 (range $79.05 - $3,943.69 per year; fees are dependent on the acreage of the operation and thus vary from permit to permit).

With respect to an analysis of similar fees in other states, the department concludes that while fee structures vary from state to state, among the Gulf states Texas appears to have the highest fees for oyster mariculture operations. Mississippi and Florida charge an annual flat fee of $50 and $100, respectively. Louisiana requires cultivated oyster operators to have a commercial fishing license ($100) and harvester license ($96), in addition to which a fee of $2 per-acre-per-year is imposed. Alabama charges a $300 per-acre easement fee. The current rate for a Grow-Out facility in Texas is $450 per acre. Staff has determined that a rate reduction of approximately two-thirds will make Texas rates more consistent and competitive with other states. The amendment therefore alters subsection (d) to implement a fee reduction and to update permit types to accurately reflect the terminology employed in the regulations contained in Chapter 58, Subchapter D, that regulate COM operations.

With respect to the COM Grow-Out Permit, the fee for any portion of a site located in public water is reduced to $150 per-acre-per-year from $450 per-acre-per-year and the fee for any portion of a site on private property is reduced to $57 per-acre-per-year from $170 per-acre-per-year.

With respect to fees for the COM Nursery-Hatchery Permit, the current fee is $170 per-acre-per-year, with a $0.010 per-square-foot-per-year surcharge for the portion of a site in public water, and $170 per-acre-per-year for the portion of a site located on private land. The amendment reduces the public water fee to $150 per-acre-per-year and the private land fee to $57 per-acre-per-year, or a minimum fee of $150 per year, whichever is greater. The minimum fee is necessary to recoup costs incurred by the department to conduct required annual inspections, as some Nursery-Hatchery operations occupy much less than an acre but still require a site inspection.

The department received four comments opposing adoption of the rule as proposed.

One commenter opposed adoption and stated that fees for facilities in public water should be increased because the public is deprived of the use of public water. The department disagrees with the comment and responds that the total area encompassed by oyster mariculture operations is quite small and impacts public use of public water to a very small degree and notes that only the gear is private, not the water of a site. No changes were made as a result of the comment.

One commenter opposed adoption and stated that a fee reduction will result in proliferation of undesirable applicants. The commenter stated that fees should be tied to performance if the agency is interested in the enhancement of the industry. The department disagrees with the comment and responds that the current oyster mariculture rules already impose an "active-use" requirement, the industry is efficiently and effectively regulated in Texas at the current time, and the department is confident that oversight can be scaled to meet increased demand if necessary in the future. No changes were made as a result of the comment.

One commenter opposed adoption and stated that the department should stop overreach on private property and that property owners pay property taxes and "should have the liberty to use it as they wish without other citizens forced to pay for the regulatory bureaucracy oversight." The department is unsure what the commenter intends to communicate, but in any case disagrees that the rule as adopted infringes upon or even affects the private property rights of any person. The fee is not for the property itself, the fee is for a permit to conduct mariculture activity. No changes were made as a result of the comment.

One commenter opposed adoption and stated that fees are still too high and referenced certificate of location fees. The department disagrees with the comment and responds that fees imposed by the rule do not apply to or affect certificates of location for oyster restoration or harvest. No changes were made as a result of the comment.

The department received 14 comments supporting adoption of the amendment as proposed.

Texas Conservation Alliance and Palacios Marine Agricultural Research commented in support of adoption.

The amendment is adopted under the authority of Parks and Wildlife Code, §75.0103, which requires the commission to adopt rules to establish a program governing cultivated oyster mariculture, which may establish requirements for the taking, possession, transport, movement, and sale of cultivated oysters; the taking, possession, transport, and movement of broodstock oysters; fees and conditions for use of public resources, including broodstock oysters and public water, and any other matter necessary to implement and administer Parks and Wildlife Code, Chapter 75.

§ 53.13. Business License and Permits (Fishing).

(a) Licenses. The fee amounts prescribed in paragraphs (1) - (4) of this subsection reflect the total fee paid by the purchaser and include the surcharges established in subsection (b) of this section.

(1) retail fish dealer's--$92.40;

(2) retail fish dealer's truck--$171.60;

(3) wholesale fish dealer's--$825;

(4) wholesale fish dealer's truck--$590;

(5) bait dealer's--individual--$38;

(6) bait dealer-place of business/building--$38;

(7) bait dealer-place of business/motor vehicle--$38;

(8) bait shrimp dealer's--$215;

(9) finfish import--$95;

(10) freshwater fishing guide (required for residents or nonresidents who operate a boat for anything of value in transporting or accompanying anyone who is fishing in freshwater of this state)--$132;

(11) resident all-water fishing guide--$210;

(12) resident paddle craft all-water fishing guide--$210;

(13) non-resident all-water fishing guide--$1,050; and

(14) non-resident paddle craft all-water fishing guide--$1,050.

(b) Business license surcharge for shrimp marketing assistance account.

(1) retail fish dealer's--$8.40;

(2) retail fish dealer's truck--$15.60;

(3) wholesale fish dealer's--$75; and

(4) wholesale fish dealer's truck--$51.

(1) retail fish dealer's license transfer--$25;

(2) retail fish dealer's truck license transfer--$25;

(3) wholesale fish dealer's license transfer--$25;

(4) wholesale fish dealer's truck license transfer--$25;

(5) bait dealer's license transfer--$25;

(6) bait dealer's-place of business/building license transfer--$25;

(7) bait dealer's-place of business/motor vehicle license transfer--$25;

(8) bait shrimp dealer's license transfer--$25;

(9) finfish import license transfer--$25.

(d) Cultivated Oyster Mariculture Fees.

(1) Application fee--$200.

(2) Cultivated Oyster Mariculture Grow-Out Permit.

(A) Portion of site located in public water-- $150 per acre per year.

(B) Portion of site located on private property--$57 per acre per year.

(3) Cultivated Oyster Mariculture Nursery-Hatchery Permit: the greater of:

(A) $150 per year; or

(B) the total of $150 per acre per year for portion of site in public water and $57 per acre per year for portion of site on private property.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 18, 2025.

TRD-202502068

James Murphy

General Counsel

Texas Parks and Wildlife Department

Effective date: July 8, 2025

Proposal publication date: April 18, 2025

For further information, please call: (512) 389-4775

CHAPTER 58. OYSTERS, SHRIMP, AND FINFISH

SUBCHAPTER E. CULTIVATED OYSTER MARICULTURE

31 TAC §58.353

The Texas Parks and Wildlife Commission in a duly noticed meeting on May 22, 2025, adopted an amendment to 31 TAC §58.353, concerning Cultivated Oyster Mariculture (COM), with changes to the proposed text as published in the April 18, 2025, issue of the Texas Register (50 TexReg 2479) and will be republished. The amendment expands triploid seed sourcing opportunities for oyster mariculture permittees.

The change to §58.353, concerning General Provision, removes an extra space in subsection (n), and is nonsubstantive.

The 86th Texas Legislature in 2019 enacted House Bill 1300, which added new Chapter 75 to the Texas Parks and Wildlife Code and delegated to the Parks and Wildlife Commission the authority to regulate the process of growing oysters in captivity. In turn, the commission in 2020 adopted regulations to implement an oyster mariculture program (45 TexReg 5916).

At the direction of the commission, the department reviewed regulations regarding permissible genetic origins of triploid oyster seed for use in mariculture. The department considered current scientific information, the current biosecurity and genetic integrity protocols used in the program, and feedback from the regulated community regarding seed supply. Given that the genetic population structure of the northern Gulf stock of the Eastern oyster ( Crassostrea virginica ) is shared with oysters from the northern portion of the Texas coast, the department has determined that regulations regarding broodstock origin for triploid oysters can be altered to include the entire northern Gulf stock without significant risk to wild Texas oyster populations. The northern Gulf stock ranges from Alabama waters west to the San Antonio Bay system in Texas. There is a mixing zone, comprised of the Aransas and Corpus Christi Bay systems, between the northern stock and the south Texas stock of the Laguna Madre.

Hatcheries and nurseries currently supplying seed to Texas mariculture operations produce more frequent and larger batches of triploid oyster seed with northern Gulf origins than those specific to Texas; thus, availability of Texas-specific triploid seed is limited. Allowing permittees to utilize this more plentiful seed supply will provide access to a more consistent, stable supply of triploid oyster seed, which in turn is expected to result in COM industry stability and growth.

The amendment alters §58.353(h) to require that broodstock must originate from the waters of Texas, Louisiana, Mississippi, or Alabama. Additionally, the phrase "originating from the Gulf" is also added to subparagraph (A) to create structural agreement with subparagraph (B), which is intended to eliminate potential confusion or misunderstanding.

The department received one comment opposing adoption of the rule as proposed. The commenter did not provide a reason or rationale for opposing adoption. No changes were made as a result of the comment.

The department received 14 comments supporting adoption of the amendment as proposed.

Palacios Marine Agricultural Research and Texas Conservation Alliance commented in support of adoption.

§ 58.353. General Provisions.

(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.

(b) A Cultivated Oyster Mariculture (COM) Grow-out Permit authorizes the permittee to purchase, receive, grow, and sell cultivated oysters.

(1) hold oyster broodstock and germplasm;

(2) spawn oyster broodstock;

(3) purchase, receive, and grow oyster seed and larvae; and

(4) sell oyster broodstock, germplasm, seed, and larvae; but

(5) does not authorize the sale of oysters in any form for human consumption.

(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.

(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.

(f) The period of validity for a permit issued under this subchapter is 10 years, subject to the limitations of this subchapter.

(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.

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

(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

(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

(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) 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) 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.

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

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

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

(A) they are legally obtained;

(B) labeled as to their identity and use for broodstock; and

(3) on a vessel operating under a permit issued under this subchapter.

(j) The department may:

(1) inspect any permitted area, facility, infrastructure, container, vessel, or vehicle used to engage in cultivated oyster mariculture;

(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) specify any permit provisions deemed necessary.

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

(1) discovery of any disease condition within a permitted area; and

(2) discovery of any condition, manmade or natural, that creates a threat of the unintentional release of stock or larvae.

(3) The requirements of this subsection do not apply to the discovery of dermo (Perkinosis, Perkinsus marinus).

(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) a determination that a disease condition other than dermo (Perkinsosis, Perkinsus marinus) exists; or

(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).

(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.

(n) Harvest Requirements.

(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) 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) 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) 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) 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.

(o) Harvest of oysters under this subchapter is unlawful between sunset and sunrise.

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

(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.

(B) The department will review the request and issue a list of individuals authorized as subpermittees.

(C) The department may refuse to approve a subpermittee if that person would not be eligible to be a permittee under this subchapter.

(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) 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) A permittee and subpermittee are jointly liable for violations of this subchapter or the provisions of a permit issued under this subchapter.

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

(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:

(A) be at least six inches in diameter;

(B) extend at least three feet above the water at mean high tide;

(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

(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) 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.

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

(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) The department may refuse to approve a transfer if that person would not be eligible to be a permittee under this subchapter.

(3) A transfer does not change the terms, conditions, or provisions of a permit.

(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.

(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.

(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.

(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) Oyster Transport Authorization

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

(i) be on a form provided or approved by the department;

(ii) contain the name, address, and, if applicable, permit identifier from whom the oysters, oyster seed, or oyster larvae were obtained;

(iii) contain the name, address, and permit identifier to whom the oyster, oyster seed, or oyster larvae are to be delivered; and

(iv) precisely account for and describe all containers in possession.

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

(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.

(B) Oysters must be returned to the permitted area after tumbling and sorting before harvest.

(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.