Section 58.23 - Non-Commercial (Recreational) Fishing(a) It is lawful to take oysters for personal use by non-mechanical means.(b) Gear Restrictions. It is unlawful while taking or attempting to take oysters for personal use to: (1) use a dredge that exceeds 14 inches in width; or(2) have more than one dredge connected in any manner to a winch, chain or other lifting device during the open public season; or(3) have on board any dredge(s), other than the one connected to a winch, chain, or other lifting device, unless secured below deck, to or on the wheelhouse, or to the deck in such a manner as to not be readily accessible for use.(c) Seasons and Times. (1) The open season extends from November 1 of one year through April 30 of the following year.(2) Legal oyster fishing days-Monday through Saturday.(3) Legal oystering hours--sunrise to 3:30 p.m.(d) Possession Limit. It is unlawful for a person to take in one day or possess, more than two sacks of legal sized oysters.(e) Prohibition of Sale. It is unlawful to sell oysters taken without a valid commercial oyster fishing license.31 Tex. Admin. Code § 58.23
The provisions of this §58.23 adopted to be effective October 3, 1996, 21 TexReg 9172; amended to be effective June 10, 2004, 29 TexReg 5640; amended to be effective July 2, 2006, 31 TexReg 5134; amended to be effective June 12, 2013, 38 TexReg 3649; Amended by Texas Register, Volume 41, Number 43, October 21, 2016, TexReg 8293, eff. 11/1/2016