Tex. Parks & Wild. Code Section 76.101
Oyster Licenses Required


(a)

No person may take or attempt to take oysters from the public water of this state for noncommercial use by the use of a dredge or tongs without first having acquired a sport oyster boat license from the department.

(b)

No person may take or attempt to take oysters from the public water of this state, without the use of a boat, for pay or for the purpose of sale, barter, or exchange or any other commercial purpose without first having acquired from the department a commercial oyster fisherman’s license.

(c)

No person may take or attempt to take oysters from the public water of this state by the use of a dredge, tongs, or other mechanical means, or by the use of a boat or other vessel for pay, or for the purpose of sale, barter, or exchange or any other commercial purpose without first having acquired from the department a commercial oyster boat license.

(d)

Each member of the crew of a licensed commercial oyster boat is required to have a general commercial fisherman’s license to take oysters while they are on a licensed boat that is being used to take oysters. This subsection does not apply to the holder of a commercial oyster boat captain’s license.

(e)

The captain and each crew member of a licensed commercial oyster boat, each person on a licensed sport oyster boat, and each person oystering under a commercial oyster fisherman’s license must possess and produce on request to any enforcement officer proof of the person’s identity.

(f)

The captain of a commercial oyster boat must hold a valid commercial oyster boat captain’s license to operate a commercial oyster boat while taking or attempting to take oysters from the public water of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1989, 71st Leg., ch. 255, Sec. 2, eff. July 31, 1989; Acts 1993, 73rd Leg., ch. 365, Sec. 16, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 604 (H.B. 3497), Sec. 2, eff. June 11, 2023.

Source: Section 76.101 — Oyster Licenses Required, https://statutes.­capitol.­texas.­gov/Docs/PW/htm/PW.­76.­htm#76.­101 (accessed Mar. 23, 2024).

76.001
Definitions
76.002
Designation of Public and Private Beds
76.003
Beds Subject to Location
76.004
Riparian Rights
76.005
Affidavit of Riparian Rights
76.006
Application for Location
76.007
Maximum Acreage Under Location
76.008
Lease or Control by Foreign Corporation Prohibited
76.009
Examination and Survey of Location
76.012
Locator’s Certificate
76.015
Rights of Locator
76.017
Location Rental Fees
76.018
Location Rental Term
76.019
Procedures for Sale or Transfer of Location Rental
76.020
Oyster Shell Recovery and Replacement Program
76.021
Oyster Shell Recovery and Replacement Program Account
76.022
Certificates of Location for Restoration Purposes
76.031
Application for Permit
76.032
Discretion to Issue Permit
76.033
Conditions of Permit
76.035
Oysters Property of Permittee
76.036
Marking Beds
76.037
Theft of Oysters from Private Bed
76.038
Interference with Buoys or Markers
76.039
Prohibited Sales
76.040
Penalties
76.101
Oyster Licenses Required
76.102
License Application
76.103
Types of Licenses
76.104
License Fees
76.107
Sale of Sport Oysters Prohibited
76.109
Night Dredging Prohibited
76.112
Oyster Size Limits
76.114
Exception to Size and Retention Limits
76.115
Closing Areas
76.116
Oysters from Restricted Areas
76.117
Obedience to Orders
76.118
Penalties
76.119
Responsibility for Violation
76.0205
Sustainability of Oyster Industry
76.301
Regulation of Taking, Possession, Purchase, and Sale of Oysters
76.302
Research Program
76.303
Sale of Raw Oysters for Consumption Within This State
76.304
Vessel Monitoring System
76.401
Oyster License Moratorium Program
76.402
Issuance and Renewal of Commercial Oyster Boat Licenses
76.403
Oyster License Moratorium Review Board
76.404
Program Administration
76.405
License Buyback Program
76.406
Prevailing Authority
76.1031
License Expirations and Transfers
76.1041
License Display and Design
76.1181
Suspension of License

Accessed:
Mar. 23, 2024

§ 76.101’s source at texas​.gov