Sec. 76.0205.  SUSTAINABILITY OF OYSTER INDUSTRY.  (a)  In order to enhance the viability of commercial oyster fishing and ensure the sustainability of the oyster industry to accommodate the highest number of commercial oyster fishing boats, a person who purchases oysters under Section 47.0091 and holds a shellfish certificate, as defined by Section 436.002, Health and Safety Code, must:
(1)  distribute, in an area designated by the department, oyster shells or other cultch material approved by the department in an amount equal to not less than 30 percent of the total volume of oysters purchased by the person in the previous license year; or
(2)  pay a fee to the department in an amount calculated under Subsection (c).
(b)  The distribution of oyster shells or other cultch material must be directly supervised by an agent or employee of the department.
(c)  The department shall calculate the current market cost of the acquisition and deposition of cultch material on a per cubic yard basis.  The fee charged under Subsection (a)(2) is the market cost established under this subsection multiplied by 30 percent of the total volume of oysters purchased by the  person in the previous license year.  The fee charged under this section shall be deposited to the credit of the oyster shell recovery and replacement program account.
(d)  A person who possesses oysters that do not meet the requirements of Section 76.112:
(1)  shall replace the oysters in the beds from which they were taken as directed by an authorized employee of the department; and
(2)  is subject to any penalty and must perform any remedy authorized by law.
Added by Acts 2017, 85th Leg., R.S., Ch. 687 (H.B. 51), Sec. 1, eff. September 1, 2017.