Texas Parks and Wildlife Secures Significant Victory for Oyster Conservation

(Editor’s Note: If you are reading an electronic version of this article please be sure to click on the highlighted links to gain access to all the related background information.)

The Texas Parks and Wildlife Commission (TPWC) adopted proposed amendments to the Statewide Oyster Fishery Proclamation that accomplishes a suite of actions, providing positive change for the oyster fishery, including the establishment of a Certificate of Location (CoL) program for restoration activities, opportunities for expansion of the CoL program for commercial oyster production, allowance for siting of CoLs on degraded oyster beds, and modernization of administrative processes for the CoL program (read the entire proposal preamble here).

At the TPWC meeting, Chairman Jeffrey Hildebrand emphasized that while existing commercial CoLs cover a mere 2,318 acres, all situated in Galveston Bay, they contribute over 20% of Texas's annual harvest on average. He also followed up with Texas Parks and Wildlife Department (TPWD) staff, directing them to find ways to expand the commercial CoL program with the intent of providing greater relief to public oyster reefs.

CCA Texas supported the proposal and has publicly advocated for the expansion of commercial CoLs and the need for restoration CoLs for several years. Additionally, our article from the last edition of CURRENTS highlights the need for CoL expansion and provides additional recommendations for a path to a sustainable oyster fishery.

"For quite some time, we have requested restoration Certificate of Locations (CoL), and along with State Senator Lois Kolkhorst and State Representative Todd Hunter, fought to help pass the legislation needed to turn this concept into a reality," stated Rocky Chase, Chairman of the CCA Texas Government Affairs Committee. “The more we can facilitate oyster restoration, the better. Having restoration CoLs will enhance opportunities and encourage investment in restoration efforts, greatly benefiting our coastal fisheries and angler opportunities to enjoy our valued resources.”

The CoL program can be a bit complex, but it’s helpful to think of it as a type of lease from the state. For restoration CoLs, organizations such as non-profits, research institutions, and NGOs can lease degraded areas of up to 100 acres to carry out oyster restoration activities, following active use criteria set by TPWD. During the lease term, these areas will be closed to commercial oyster harvesting. Commercial CoLs, on the other hand, follow similar criteria as restoration CoLs, but they grant the leaseholder exclusive rights to harvest oysters within their leased area.

Within the oyster community, it is well understood that CoLs are meticulously managed to promote sustainable harvesting. This includes the strategic placement of cultch to provide vertical relief on the reef, which supports the recruitment of oyster larvae for future harvests. This deliberate approach stands in stark contrast to the melee that occurs on public oyster reefs. Combined with a robust oyster license buyback program, the expansion of CoLs will reduce the oyster fishery’s dependence on public reefs. This approach helps protect oyster reef complexes, emphasizing their ecological and structural importance in coastal ecosystems.

“Expansion of CoLs is a necessity for oyster reef conservation, offering a viable offramp for commercial oyster fishermen solely reliant on the public reef oyster fishery,” said Shane Bonnot, CCA Texas Advocacy Director. “We are pleased that the Texas Parks and Wildlife Commission and department staff recognize the importance of this program and the opportunities it will provide to the oyster industry.”

The adopted amendments balance ecological restoration, regulatory clarity, and stakeholder engagement, positioning Texas as a leader in sustainable oyster fishery management. Future investments in CoLs for oyster restoration and commercial interests will leverage the immense benefits oysters provide to water quality, biodiversity, shoreline protection, and carbon sequestration. Furthermore, by addressing both conservation and oyster industry concerns, these regulations will yield significant environmental, economic, and coastal community benefits over time.

Moving forward, continued collaboration with stakeholders is encouraged to ensure the long-term success of future restoration efforts. To that end, CCA Texas has pledged $5 million specifically for oyster reef restoration and intends on utilizing a significant degree of the funds under the CoLs umbrella when possible. “Thank you to TPWD staff for their thoughtfulness in the development of these recently passed regulations,” stated Bonnot. “I’m sure CCA members will be excited about the chance to restore some of their favorite historic reefs to their former glory by means of the CoL program.”