Photo Right: Ben Nelson holding Live Oysters ~ 1966
“We farm,” said Justin Woody, “the only difference between us and a regular farmer is we farm what we can’t see. All the state waters are held in the land trust for the citizens of Texas. Essentially you have to go to the state and apply for a permit for a location. Oysters are unique in that they don’t move in a water column like shrimp and fish. If an oyster sits there and grows, it’s going to stay in that location, so you can actually lease out a spot to be able to harvest them. When my grandfather started leasing you had all the shell dredging going on in Galveston Bay. There was something to the tune of 180,000,000 cubic yards of shell harvested out of Galveston Bay alone from shell dredging. I think there was 300,000,000 cubic yards in the whole state of Texas. They used it to pave all the roads and build the Astrodome on. He started getting leases as a way to protect them from shell dredgers.”
“Texas Parks and Wildlife, I believe, was founded in 1963, and the Governor is the one who appoints commissioners for the Parks and Wildlife. Up until 1963, there had to be a minimum of two foot overburden over a reef before they could mine it for shell and you had to stay about 1,200 feet from a live reef. In 1963, within about 3 months of the Texas Parks and Wildlife being created, there was no more regulation for overburden, which means the reef didn’t have to be covered in mud in order for them to dredge it. Not only did they eliminate that rule, now they could dredge within 300 feet of a live oyster reef. There was also a rule that if an oyster reef was dead, there’s no more overburden rule, so now they can go in and mine these reefs.
“So, on Todd’s Dump across the Bay they went in and set up two dredge boats on each side of Todd’s Dump and all the silt from their dredging covered the reef and killed it. So then they said, this is no longer a live reef so we can mine it. The state was making a million dollars a year in revenue from shell dredging, that was a lot of money in 1963,” exclaimed Justin. “They sold it as a renewable resource, which it is if you’re just taking the oysters off the top and leaving the reef there, but they were making fifty foot holes out in the bay, that’s not sustainable harvesting. My grandfather and great grandfather, Neal, were out there in front of the dredge boats, because supposedly there wasn’t any live oysters there on the reef. They’re sitting there in front of the dredge head holding clusters of live oysters saying, ‘Hey, you’re not supposed to be dredging here, what’s going on?’ That’s when he got his first lease, and there were still a lot of oysters in the bay at that time. In 1989, they put a moratorium on oyster leases and there has not been an oyster lease issued in the state of Texas since then and they rarely ever change hands. The average age of our oyster leases is 48-years-old. We are the largest lease owner in Texas. In 1970, my grandparents started Jeri’s seafood, named for my grandmother. They started out small with oysters, shrimp, fish, anything they could make money on. I even worked on the shrimp boats when I was a kid. Eventually, in the late 90s or 2000, other than shrimping for ourselves, we went to straight oysters. The shrimp industry was already dying, they had started to do the buy back in the shrimp industry and they put a moratorium on shrimp licenses and started buying back licenses. You had all these shrimpers who sold their shrimp license back to the State, so they went to oyster fishing with their boats. In 2005, my grandpa and my dad went to Austin and got a moratorium put on oyster licenses. What they wanted them to do was make a stipulation that if you had bought an oyster license in the last couple of years then you could buy a license, but the state said no, what we’re going to do is make the requirement that you have to buy a license by August of that year. We went from historically 250-300 oyster licenses being sold in the state of Texas to 900 and something that year. That’s a large increase, not everyone used them but if they did that would be a considerable increase in the number of boats in the bay during oyster season,” he exclaimed.