(a) Except as provided by Subsection (b) and § 76.004, an oyster bed or reef, other than a natural oyster bed, is subject to location by the department.
(b) The department may subject a natural oyster bed to location if the department determines that the bed is degraded. In determining whether a natural oyster bed is degraded, the department may consider:
(1) the relative abundance of oysters in the area;
(2) the availability of natural cultch material in the area;
(3) sediment overburden in the area;
(4) the amount of time that the area has been exhausted, if the area is exhausted; and
(5) any other criteria the department considers indicative of a degraded oyster bed.