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.Tex. Parks and Wild. § 76.101
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 604,Sec. 2, eff. 6/11/2023.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 687,Sec. 2, eff. 9/1/2017.Amended By Acts 1993, 73rd Leg., ch. 365, Sec. 16, eff. 9/1/1993.Amended by Acts 1989, 71st Leg., ch. 255, Sec. 2, eff. 7/31/1989 Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. 9/1/1975.