Texas Cultivated Oyster Mariculture (TX COM)

Thank you for your interest in oyster mariculture in Texas. The Texas commercial oyster fishery has primarily relied upon the harvest of oysters from natural reefs in areas approved by the Texas Department of State Health Services and under certificates of location, or lease programs, in Galveston Bay. However, as the value of oysters continues to increase, interest in off-bottom cage culture of oysters has gained popularity throughout the United States and Texas. During the 86th Texas Legislative Session, HB 1300 granted authority to the Parks and Wildlife Commission to develop an off-bottom oyster mariculture program using enclosed cages. In May 2020, the Parks and Wildlife Commission adopted rules establishing this program.

If you would like to be a part of the oyster mariculture program, download the current version of the Cultivated Oyster Mariculture Permit Application and instructions from this webpage. You may also request a copy be mailed or emailed to you from the Texas Parks and Wildlife’s Coastal Fisheries Division by contacting us at oyster.mariculture@tpwd.texas.gov.

To facilitate the application process, the department recommends that applicants schedule an appointment with local Coastal Fisheries staff to review your proposed site. By meeting with staff, you can utilize the Coastal Fisheries Division's Spatial Planning Tool. Staff will be able to help you determine if the "proposed site" conflicts with sensitive habitat or other permitted activities in the area. Staff cannot recommend or choose a site for the applicant.

To contact us about Cultivated Oyster Mariculture email oyster.mariculture@tpwd.texas.gov or 512-389-4686.

How to Submit

The application process for a Cultivated Oyster Mariculture (COM) Permit is a two-step process consisting of a Conditional and Final Permit.

Step 1 – Conditional Permit

• Select your site (again, we encourage you to consult with TPWD).
• Conduct the Natural Resources Survey of proposed site.
• Prepare your answers to the application questions about your Operations Plan, gear, and maps.
• Apply on-line and submit a non-refundable COM Application Fee ($200):
  • On-line Application Instructions
  • Texas Parks and Wildlife Permitting
• Upon receipt of application documents and fee, a TPWD COM Official will review the application and get in-touch with you about any changes or clarifications needed.
• A public meeting will be held by TPWD to provide an opportunity for public comments regarding the proposed oyster mariculture site. The meeting will be held in the municipality closest to the proposed site and/or virtually.
  • Information on the meeting will be made available through the posting of site-specific information on the TPWD web site.
  • The applicant must also post a meeting announcement in a local daily newspaper at their own cost and provide proof of doing so to TPWD.
• After the review and consideration of public comments, applicants will be issued a Conditional Permit that authorizes them to proceed to the second step in the application process.
• Construction and COM activities are NOT allowed until the Final Permit has been issued.

Step 2 – Final Permit

• Step two of the process involves obtaining any required permits, leases, and/or written approvals for conducting oyster mariculture activities from other agencies (see COM Application Information PDFs). Many of the agencies will ask you to provide a copy of your Conditional Permit to issue your documents.
• When you have acquired the appropriate documentation you will submit it via the on-line application portal.
• After all the documents have been submitted and the department has reviewed them, applicants will be notified of their permit approval.
• The first year’s annual permit fee will be due at this time (see fee schedule below).
• Once payment is received you will be issued a copy of your permit.

Annual Permit Fees (paid yearly on your issuance date)

• Grow-out sites
  • $150 per acre of the site located in public waters
  • $57 per acre of the site located on private land
• Nursery-Hatchery sites
  • Whichever is greater
  • $150 per year, or
  • The total of $150 per acre of the site located in public waters and $57 per acre of the site located on private land

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