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.
  (2) Shell dredging operators will be required to secure permits from the director of the department to dredge shell and mudshell in areas authorized to be dredged under these sections and under such terms and conditions as may be prescribed from time to time by the director, except that north of north latitude 28 degrees and 22 minutes in San Antonio Bay only state Tracts 74, 101, 102, and 106 may be opened to dredging, but only one of the previously numbered state tracts will be designated for dredging at any one time. Once dredging has been completed within a designated state tract, no further dredging will be authorized in that state tract without written permission of the director.
  (3) Dredging operations for the removal, taking, and carrying away of shell and mudshell may be conducted except that:
    (A) Operations may not be conducted within 300 feet of any exposed reef of within 100 feet of an exposed reef in state Tracts 74, 101, 102, and 106 in San Antonio Bay.
    (B) Operations may not be conducted within 1/2 mile of any shoreline.
    (C) Operations may not be conducted in marginal water less than four feet in depth.
  (4) The commission authorizes the director to carry out and enforce these rules as enacted or amended.

Source Note: The provisions of this §69.201 adopted to be effective February 4, 1997, 22 TexReg 959; amended to be effective April 23, 2001, 26 TexReg 3027