Current through Reg. 49, No. 38; September 20, 2024
(a) Any person who wants to transplant
molluscan shell stock from a harvest area classified as conditionally approved,
restricted, or conditionally restricted shall make application to the TPWD for
a permit to transplant molluscan shell stock.
(b) No person may transplant molluscan shell
stock without a valid transplant permit from the TPWD.
(c) Each person who transplants molluscan
shell stock shall provide the following information to the department:
(1) the source of the molluscan shell
stock;
(2) the quantity of
molluscan shell stock;
(3) the
destination private oyster lease of the molluscan shell stock; and
(4) the date the transplant permit expired or
was canceled.
(d) No
person shall harvest transplanted molluscan shell stock until the molluscan
shell stock has been in waters meeting the approved area criteria for a minimum
period of 14 consecutive days.
(e)
Any person, firm, or corporation engaging wholly or part-time in the business
of gathering molluscan shellfish from areas designated by the department for
delivery to a controlled depuration plant shall be required to hold a current
permit issued specifically for this purpose by the TPWD, with a copy in the
files of the department.
(f)
Permits for gathering for depuration shall be granted subject to the following
conditions:
(1) all gathering and
transporting of molluscan shellfish for depuration must be accomplished between
the designated times for sunrise and sunset as set by the National Weather
Service for that locale;
(2) all
boats and vehicles used to gather or transport molluscan shellfish for
depuration shall be conspicuously marked in a manner established by the TPWD.
All boats or vehicles so marked shall be thoroughly cleaned and sanitized and
the marking removed prior to use for harvesting or transporting treated
molluscan shellfish or other molluscan shellfish approved for harvest or
sale;
(3) molluscan shellfish
gathered for depuration shall not be containerized in any manner resembling
normal sales of molluscan shell stock from approved harvest areas. Containers
used for normal sales of molluscan shell stock from approved areas shall not be
stored on any boat or vehicle used to gather or transport molluscan shellfish
for depuration. Containers of untreated molluscan shell stock shall be tagged
or labeled as "NOT FOR HUMAN CONSUMPTION";
(4) a copy of the TPWD permit shall be kept
on board the vessel at all times during gathering and transporting of molluscan
shell stock for depuration;
(5) all
gathering and transporting of molluscan shellfish for depuration shall be
conducted under the immediate surveillance of a commissioned officer of the
TPWD, or other commissioned officer as provided by law. The responsibility for
obtaining this surveillance rests with the depuration plant owner or operator.
A commissioned officer shall be present for every ten gatherers or gathering
boats or for any portion of ten gatherers or boats working for any single
depuration plant. An officer shall not concurrently serve as surveillance
officer for more than one depuration plant. Separate surveillance officers
shall be present for gatherers from the same plant working concurrently in more
than one geographic area. The surveillance officer shall have all molluscan
shell stock under his or her control at all times during transport from the
gathering area to the depuration plant. The surveillance officer shall prepare
a written report stating the gathering area(s), species, and quantity of
molluscan shellfish gathered each day by each gatherer under his or her
surveillance. One copy of the report shall accompany the molluscan shell stock
to the depuration plant and be maintained in the plant files for not less than
one year from the actual date of gathering. One copy of the report shall be
forwarded to the Texas Department of Health, Seafood Safety Division, 1100 West
49th Street, Austin, Texas 78756;
(6) all molluscan shellfish gathered under
authority of a depuration permit shall be delivered only to the depuration
plant specified in the permit, on the day gathered, and shall be depurated or
disposed of as waste; and
(7)
molluscan shellfish gathered for depuration shall be protected at all times
during gathering and transporting to prevent contamination and undue
stress.
(g) Vessels and
all other equipment coming in contact with molluscan shell stock during
handling or transport for transplant or depuration shall be thoroughly cleaned
before the vessels or equipment are used to transport or handle molluscan
shellfish for direct marketing.
