Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 69 - RESOURCE PROTECTION › Subchapter I - SHELL DREDGING ON THE TEXAS GULF COAST › Section 69.201 - Contents

Current through Reg. 49, No. 28; July 12, 2024
The following provisions shall apply to all shell dredging
					 in state-owned submerged tidelands of this state.
(1) The director of the department is
				  expressly authorized to issue shell dredging permits in all the coastal waters
				  of Texas except that at the director's discretion the commission may be
				  requested to consider the issuance of a permit and except that in no event will
				  shell dredging operations be conducted in those areas described as follows.
(A) In Galveston and Trinity Bays within 300
				  feet of the exposed portions of what are known as Dollar's Reef, Todd's Dump
				  Reef, Hanna's Reef, Fisher's Reef, No Name Reef (located south of the Texas
				  City Dyke), and Moody's Reef and further in no event will dredging operations
				  be conducted in Trinity Bay within 2,000 feet of what is known as Vingtune
				  Island.
(B) In no event will shell
				  dredging operations be conducted in that portion of San Antonio Bay and
				  tributary water bodies north of North Latitude 28 and 22 minutes except that
				  shell dredging operations may be conducted in state Tracts 74, 101, 102, and
				  106.
(C) Permittee will map and
				  mark the edges of all exposed reefs within 1,500 feet of the proposed dredge
				  operating site prior to the commencement of any dredging within an authorized
				  tract. All mapping and marking will be verified and approved by the department
				  prior to any dredging.
(D) Those
				  sections relating to siltation and to minor violations for siltation of exposed
				  reefs are suspended for operations which occur in state Tracts 74, 101, 102,
				  and 106 in San Antonio Bay when no live oysters are present on an exposed reef
				  at any time during the dredging operation. Permittee will remove all silt from
				  an exposed reef or at the department's option will resurface the entire area of
				  the exposed reef with clean, coarse shell to the satisfaction of the
				  department. If live oysters are present on any exposed reef and siltation
				  occurs to the reef as a result of the dredging operation or related dredging
				  activities of permittee, those sections relating to siltation and minor
				  violations will remain in full force and effect. For purposes of this
				  subparagraph, live oysters are considered to be present on an exposed reef
				  within a state tract when three department samples, one bushel or more each,
				  samples produce an average of one or more market oyster (three inches or
				  larger) per bushel, or ten or more seed oysters (3/4 inch to three inches), and
				  spat (below 3/4 inch) combined per bushel sample. The director will designate
				  the period of time when the shell will be furnished to the department. The
				  quantity of shell referred to in this subparagraph is in addition to the shell
				  permittee is required to furnish for reef enhancement by §
											69.121 of this
				  title (relating to Prices).
(E) In
				  any single bay system, no more than one dredge per permittee will be authorized
				  to operate at any time and not more than one dredge will operate at one time
				  regardless of the number of permittees. The director will determine the periods
				  of operation allotted to each permittee and all periods will be distributed
				  equally as nearly as possible.
(F)
				  Permittee will be required to use a silt screen around the discharge pipe of
				  the dredge at such times as it is determined by the department agent having
				  responsibility for shell management that this procedure is necessary to
				  diminish the silt load in the water column.
(G) Permittee will pay the costs incident to
				  the monitoring of shell dredging operations and for monitoring the biological,
				  physical, and chemical parameters deemed essential by the department to
				  maintain water quality and fisheries production in San Antonio Bay as required
				  by §
											69.121 of this
				  title (relating to Prices). Monitoring of shell dredging activities and
				  biological, physical, and chemical parameters includes, but is not limited to:
				  surveying of exposed reefs, placement and checks of siltation baskets to
				  determine sediment transport and deposit, sampling of reef surfaces to
				  determine deposition of dredge-suspended sediments, and such other similar
				  activities deemed appropriate by the director. Factors such as dredge distance
				  from reefs, length of operation, direction and depth, extent of plume,
				  turbidity, type and composition of suspended solids, water depth, tidal current
				  and direction, wind direction and velocity, salinity and temperatures may be
				  determined as necessary in evaluating siltation and assuring compliance with
				  department regulations.