Section 69.205 - Department Requirements(a) All permittees are henceforth required to have on each operating dredge a person vested with authority and the responsibility to immediately stop all dredging and move the dredge or other offending equipment to another proper location upon direction of the director or designated department agent having responsibility for shell management or dredging supervision.(b) Any reef areas that are seriously silted by dredging activities must be replaced by the responsible permittee at its sole expense with a shell pad at least one foot thick and equal in surface area to the silted area placed at a location selected by the director. Shell that is illegally dredged must be returned to coastal waters in a volume at least equal to that illegally taken at a site and in a manner selected by the director. When siltation or illegal dredging operation also results in measurable oyster mortality, monetary mitigation for the loss of the oysters will be paid by the permittee as a condition prior to further dredging activities under the permit.(c) When dredging operations in a particular state tract repeatedly result in silt problems or a history of recurring violations is established, the director may delete the tract from all shell dredging permits, giving ten days advance written notice to all permittees.(d) Dredge discharge will be directed over the dredge cut. Any mounds created as a result of dredge discharge will be leveled by the permittee prior to leaving the dredge cut.(e) Permittee will have its dredge or dredges equipped and operated to save all shell of 3/8-inch size, and provided that the director or its designated agent may permit the use of 1/2-inch minimum size screen when the shell is found to be so placed as to preclude the use of 3/8-inch screen.(f) The director is authorized to add or delete any state tract from any permit or may reasonably impose conditions in connection with dredging operations in any particular state tract including limiting dredging activities to only a part of a tract, requiring the permittee to stake off, flag, or otherwise mark the edge of prohibited exposed reef, or imposing restriction on the manner and means of conducting dredging activities in order to effectuate the intent of Chapter 86 of the Parks and Wildlife Code.31 Tex. Admin. Code § 69.205
The provisions of this §69.205 adopted to be effective February 4, 1997, 22 TexReg 959.