31 TAC §§57.111, 57.113 - 57.124, 57.129 - 57.134, 57.136
The Texas Parks and Wildlife Department proposes amendments
to §§57.111, 57.113 - 57.124, 57.129 - 57.134 and 57.136, concerning
Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants.
The amendments are necessary to reflect changes in the scientific nomenclature
and reclassification of some species, correct errors, improve consistency
and clarify certain provisions. In addition, the department has determined
that it is necessary to add several families, genera and species to the definition
of harmful or potentially harmful exotic fish, shellfish and aquatic plants
in order to better protect native aquatic resources and to be consistent with
United States Department of Agriculture and Texas Department of Agriculture
regulations.
The proposed amendment to §57.111, concerning Definitions, would alter
the definition of "fish farmer" by including the term "aquaculturist," replace
the term "fish farm" with the term "aquaculture facility" and replace the
term "fish farm complex" with the term "aquaculture complex". The amendment
is necessary to clarify that the subchapter applies to persons who culture
or possess harmful or potentially harmful exotic aquatic plants. Conforming
changes to reflect the altered terminology are made throughout the subchapter.
The amendment also defines the terms 'gutted' and 'beheaded' to ensure unambiguous
meanings of those terms for the purposes of enforcing the provisions of §57.113,
concerning Exceptions, which established certain conditions under which exotic
fish may be possessed or transported.
The proposed amendment to §57.111, concerning Definitions, would update
the rules to include changes in scientific nomenclature and the reclassification
of certain species, correct errors, and make nonsubstantive changes in the
interest of clarification and consistency.
The proposed amendment to current §57.111(14)(E) would clarify that
the provisions of the subchapter affect only the genus Hydrocynus and add
the correct subfamily name. The proposed amendment is necessary to make the
provisions of the subchapter taxonomically accurate.
The proposed amendment to current §57.111(14)(F) would correct a misspelling
(Pirambebas) and exclude the genus Piaractus from the provisions of the subchapter.
The proposed amendment is necessary to maintain accurate taxonomic references
and to exempt a genus that is fairly popular in the pet trade and not deemed
to be an ecological threat to native ecosystems.
The proposed amendment to current §57.111(14)(G) would add the family
name and common name for tetras affected by the subchapter in order to provide
clarity and maintain parallelism with the identification convention employed
throughout the subchapter.
The proposed amendment to current §57.111(14)(H) would add the family
name for affected dourados in order to provide clarity.
The proposed amendment to current §57.111(14)(J) would comport the
taxonomic references in the paragraph to conform with that prescribed by the
American Fisheries Society. The proposed amendment is necessary to ensure
accurate taxonomic references.
The proposed amendment to current §57.111(14)(M) would add the common
names of affected carps and minnows, and add two new genera (Labeo and Catlocarpio)
to the list of prohibited carps and minnows in addition to making changes
to reflect reclassifications, corrections and clarifications. Carp in the
genera Labeo and Catlocarpio are nearly identical to those in two already
prohibited genera, Cirrhinus and Catla, respectively. Generally, exotic carp
have caused a wide array of ecological problems in Texas and elsewhere and
it is reasonable to assume that the genera Labeo and Catlocarpio have the
potential to cause similar problems. These genera were not restricted previously
because there did not appear to be an importation threat. However, small specimens
of Catlocarpio are beginning to become available in the international pet
trade, including over the internet. Catlocarpio are large Asian carp that
reach sizes of eight feet or more. Aquarium fish that rapidly grow very large
are prime candidates for illegal releases in local waters. Therefore, it is
prudent to restrict these genera now before major trade markets have developed
as opposed to attempting to eliminate them after they have become established
in food markets or the pet trade.
The proposed amendment to current §57.111(14)(S) would adjust taxonomic
references as necessary to reflect reclassification within the Tilapia family
by the scientific community.
The proposed amendment to current §57.111(14)(V) would adjust taxonomic
references as necessary to reflect reclassification within the Percidae family
by the scientific community.
The proposed amendment to current §57.111(14)(W) would add taxonomic
language to address differences of opinion within the scientific community
regarding the family name of Nile perch.
The proposed amendment to current §57.111(14)(X) would correct the
common names of the species affected by the subparagraph. The proposed amendment
is necessary to improve clarity.
The proposed amendment to current §57.111(14)(Z) would correct a misspelling
(Ruffe). The proposed amendment is necessary to maintain accurate taxonomic
references.
The proposed amendment to §57.111(14)(DD), would correct an error
by moving Heteropneustidae to subparagraph (AA), because the Heteropneustidae
is the scientific name for the air sac catfishes family and should not be
listed under the goby family. The proposed amendment also adds a single genus
of the goby family to the definition of harmful or potentially harmful fish,
shellfish and aquatic plants. Round gobies have already invaded the Great
Lakes and have exerted significant detrimental ecological impacts there by
devouring native fishes and their eggs and by their aggressive habits of driving
native species from their spawning, nursery and feeding areas.
The proposed amendment to current §57.111(14)(CC) would add the common
name of the Anguilliidae family. The proposed amendment is necessary to improve
clarity.
The proposed amendment to current §57.111(14)(EE) and (FF) would add
two new families (Moronidae and Percichthyidae) to the definition of harmful
or potentially harmful fish, shellfish and aquatic plants. The Asian and European
Moronidae and the Percichthyidae are ecological counterparts of Texas native
striped and white basses and would compete for the same ecological niches.
The Moronidae have already become established in the Great Lakes, where they
are known to eat the eggs of white bass and other native species and to hybridize
with native bass. The Percichthyidae, or Chinese perches, also known as cold
water groupers, are cold and salinity-tolerant fish with very large mouths
that are very similar to bass and have the potential to be competitive to
a detrimental extent with Texas native basses.
The proposed amendment to §57.111(15)(A), also would expand the prohibition
on harmful or potentially harmful crayfish from a single genus to all southern
hemisphere species. Virtually all crayfish species can be ecological problems
when introduced outside their natural ranges. Crayfish are a central component
of freshwater food webs and ecosystems, acting as the dominant consumers of
benthic invertebrates, detritus, macrophytes, and algae and as important forage
for fish. Thus, additions to or removals of crayfish species from a native
ecosystem often lead to large ecosystem effects, including changes in fish
populations and losses in biodiversity. North American crayfish species are
particularly susceptible to invasions from non-indigenous species because
they have limited natural ranges. The single greatest threat to crayfish biodiversity
worldwide is from accidental or intentional introduction of non-indigenous
crayfish. In Europe, native crayfish have suffered from competition with introduced
crayfish, but the greater impact has been caused by a fungal plague carried
by non-indigenous species. Consequently, it is prudent to restrict non-indigenous
crayfish species now before they become components of the aquaculture or pet
industries and emerge as a significant problem.
The proposed amendment to current §57.111(15)(C), (E) and (G) reflects
reclassifications and makes clarifications. Under the current rules, a single
genus of giant rams-horn snails and a single species of applesnails are prohibited.
The proposed amendment would expand the prohibition to include the entire
family, which now includes both of these groups as a result of reclassification.
The expansion is necessary because many of these snails are significant crop
and ecological pests, eating plants and carrying diseases and parasites. An
exception has been included for spiketop applesnail, which is the primary
snail sold for aquarium culture. Spiketop applesnail is not cold-tolerant,
does not eat larger aquatic plants, and is unlikely to become established
or problematic in Texas. The amendment also alters taxonomic references to
reflect reclassification within the Penaeid shrimp family by the scientific
community, which is necessary to maintain accurate taxonomic references.
The proposed amendment to current §57.111(16)(A), (C), (I) and existing §57.111(16)(L)
would alter scientific names to include alternate common names (duckweed,
water spinach), to reflect reclassification of certain species by the scientific
community (waterhyacinth) and would add eight species to the list of harmful
or potentially harmful exotic aquatic plants in order to be consistent with
United States Department of Agriculture and Texas Department of Agriculture
regulations. The amendment is necessary to improve accuracy and clarity, and
to ensure that the rules do not conflict with federal provisions.
The proposed amendment to current §57.111(17) and (29) would clarify
the boundary description of the harmful or potentially harmful exotic species
exclusion zone and explicitly state that shellfish and/or water from a quarantined
facility may not come into contact with public water. The proposed amendment
is necessary to more accurately identify the area of the state to which the
exclusion provisions apply, and to explicitly state a prohibition so as to
remove the possibility of ambiguity.
The proposed amendment to current §57.111(30) would add a definition
for "shellfish disease specialist." The amendment is necessary because the
provisions of §57.114, concerning Health Certification of Exotic Shellfish,
requires that exotic shellfish be certified as disease free by shellfish disease
specialist. The proposed amendment establishes the criteria that a person
must meet in order to be regarded by the department as qualified to certify
the health status of exotic shellfish.
The proposed amendment to §57.113, concerning Exceptions, would replace
terminology as necessary to be consistent with the proposed amendments to §57.111,
concerning Definitions, and clarify the conditions under which exotic fish
or shellfish may be possessed without a permit. The current rule specifies
that exotic fish and shellfish may be possessed without a permit if 'the intestines
have been removed.' The amendment would replace that phrase with the phrase
'gutted or beheaded.' The intent of the current rule is to prevent live exotic
fish and shellfish from being released into native ecosystems. By using the
term 'gutted' the department hopes to provide a more precise description of
the condition that must exist in order for the exception to apply and provides
for beheading in addition to evisceration as an acceptable practice for ensuring
non-viability.
The amendments to §57.114, concerning Health Certification of Native
Shellfish, would reword the provisions of subsections (d), (e), (f)(2), (g),
(h), (i) and (j) to conform terminology to be consistent with the proposed
amendment to §57.111 and to make the grammatical structure consistent.
The proposed amendment also clarifies the disease-testing process that must
by followed by an aquaculture facility prior to the discharge of waste into
or adjacent to public waters. Under current rules, a sample of shellfish must
be tested for disease manifestation before a facility harvests or discharges
waste 'for the first time in a calendar year.' The rules further require that
the tests be performed within 14 days of harvest or discharge. In practice,
harvest occurs once per year; however, some facilities could potentially complete
more than one harvest cycle in a year, and some facilities periodically conduct
water exchanges. Because the intent of the current rule is to ensure that
exotic shellfish in a facility are tested and certified within 14 days before
water is discharged, the department has determined that it is necessary to
remove potential ambiguity from the current rule. Therefore, the proposed
amendment requires disease testing to take place no more than 14 days before
any harvest or discharge occurs. The amendment is necessary to protect water
resources and aquatic ecosystems.
The amendments to §57.115, concerning Transportation of Exotic Species,
and §57.116, would conform terminology to be consistent with the proposed
amendment to §57.111 and effect other nonsubstantive changes, such as
implementing a consistent capitalization convention.
The proposed amendment to §57.116, concerning Exotic Species Invoice,
also would conform terminology to be consistent with the proposed amendment
to §57.111 and effect other nonsubstantive changes, such as implementing
a consistent capitalization convention.
The proposed amendment to §57.117, concerning Application Requirements,
would allow persons who wish to culture harmful or potentially harmful exotic
aquatic plants to be eligible to apply for an exotic species permit. The proposed
amendment also would conform terminology to be consistent with the proposed
amendment to §57.111.
The proposed amendments to §§57.118, concerning Exotic Species
Permit Issuance; 57.119, concerning Exotic Species Permit: Requirements for
Permits; 57.120, concerning Exotic Species Permit: Expiration and Renewal;
and 57.121, concerning Exotic Species Permit--Amendment, also would conform
terminology to be consistent with the proposed amendment to §57.111.
The proposed amendment to §57.122, concerning Appeal, would eliminate
the reference to rules of practice and procedure of the department and require
instead that all appeals be conducted as provided by the State Office of Administrative
Hearings. The amendment is necessary because the department repealed its rules
of practice and procedure in 1996.
The amendments to §§57.123, concerning Exotic Species Permit
Reports; 57.124, concerning Triploid Grass Carp: Sale; Purchase; 57.129, concerning
Exotic Species Permit: Private Facility Criteria; 57.130, concerning Exotic
Species Interstate Transport Permit; 57.131, concerning Exotic Species Interstate
Transport Permit: Application and Issuance; 57.132, concerning Exotic Species
Interstate Transport Permit: Permittee Requirements; and 57.134, concerning
Wastewater Discharge Authority, would replace terminology as necessary to
comport the sections with the proposed amendment to §57.111 and would
implement a standardized capitalization convention.
The proposed amendment to §57.136, concerning Penalties, would add
a reference to penalties prescribed under the Agriculture Code. The proposed
amendment is necessary to include the department's authority to impose penalties
under the Agriculture Code for certain violations related to possession, propagation,
sale or release of harmful or potentially harmful exotic species by an aquaculturist.
Robert Macdonald, regulations coordinator, has determined that for each
of the first five years that the rules as proposed is in effect, there will
be no fiscal implications to state and local governments as a result of enforcing
or administering the rules because the required duties are already being carried
out and the amendments neither create, replace, nor eliminate any sources
of revenue.
Mr. Macdonald also has determined that for each of the first five years
the rule as proposed is in effect, the public benefit anticipated as a result
of enforcing or administering the rule as proposed will be rules that are
clearer, more accurate, and more consistent, which facilitates compliance
and therefore enhances the department's ability to protect the native aquatic
natural resources of the state.
The department does not anticipate that there will be any adverse economic
effects on small businesses, microbusinesses, or persons required to comply
with the rules as proposed.
The department has not drafted a local employment impact statement under
the Administrative Procedures Act, §2001.022, as the agency has determined
that the rules as proposed will not impact local economies.
The department has determined that there will not be a taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed rules because Chapter 2007 does not apply to rules controlling
non-indigenous or exotic aquatic resources.
The department has not performed a regulatory impact analysis because the
proposed amendments do not adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the environment,
or the public health and safety of the state or a sector of the state.
A consistency determination is not required under 31 TAC Chapter 505 because
the proposed amendments do not involve any of the four threshold actions that
would subject the proposed rules to a consistency review under the Coastal
Management Program.
Comments on the proposed rules may be submitted to Joedy Gray, Texas Parks
and Wildlife Department 4200 Smith School Road, Austin, Texas 78744; (512)
389-8037 (e-mail: joedy.gray@tpwd.state.tx.us).
The amendments are proposed under the authority of Parks and
Wildlife Code, §66.007, which authorizes the commission to regulate the
importation, possession, sale, and placing into the water of this state harmful
or potentially harmful exotic fish, shellfish and aquatic plants, and under
Agriculture Code, §134.020, which authorizes the commission to regulate
the importation, propagation, and sale of harmful or potentially harmful exotic
species by an aquaculturist.
The proposed amendments affect Parks and Wildlife Code, Chapter 66 and
Agriculture Code, Chapter 134.
§57.111.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Aquaculture or fish farming--The business of producing
and selling cultured species raised in private facilities.
(2)
Aquaculturist or fish farmer--Any person
engaged in aquaculture.
(3)
Aquaculture facility--The property, including
all drainage ditches and private facilities where cultured species are produced,
held, propagated, transported or sold.
(4)
Aquaculture complex--A group of two or
more separately owned aquaculture facilities located at a common site and
sharing privately owned water diversion or drainage structures.
(5)
Beheaded--The complete detachment of the
head (that portion of the fish from the gills to the nose) from the body.
(6)
[
(2)
] Certified Inspector--An employee
of the Texas Parks and Wildlife Department [
or the Texas A&M Sea
Grant College Program
] who has satisfactorily completed a department
approved course in clinical analysis of shellfish.
(7)
[
(3)
] Cultured species--Aquatic plants
or wildlife resources raised under conditions where at least a portion of
their life cycle is controlled by an aquaculturist.
(8)
[
(4)
] Clinical Analysis Checklist--
A TPWD
[
An inspection
] form [
provided by the department
] specifying sampling protocols and listing certain characteristics
which may constitute manifestations of disease.
(9)
[
(5)
] Department--The Texas Parks
and Wildlife Department or a designated employee of the department.
(10)
[
(6)
] Director--The executive director
of the Texas Parks and Wildlife Department.
(11)
[
(7)
] Disease--Contagious pathogens
or injurious parasites which may be a threat to the health of natural populations
of aquatic organisms.
(12)
[
(8)
] Disease-Free--A status, based
on the results of an examination conducted by a department approved shellfish
disease specialist that certifies a group of aquatic organisms as being free
of disease.
(13)
[
(9)
] Exotic species--A nonindigenous
plant or wildlife resource not normally found in public water of this state.
[
(10)
Fish farm--The property including all
drainage ditches and private facilities from which cultured species are produced,
held, propagated, transported, or sold.
]
[
(11)
Fish farm complex--A group of two or
more separately owned fish farms located at a common site and sharing privately
owned water diversion or drainage structures.
]
[
(12)
Fish farmer--Any person holding a valid
license to engage in aquaculture or fish farming under Agriculture Code, Chapter
134.
]
(14)
[
(13)
] Grass carp--The species Ctenopharyngodon
idella.
(15)
Gutted--The complete removal of all internal
organs and entrails.
(16)
[
(14)
] Harmful or potentially harmful
exotic fish--
(A)
Lampreys Family: Petromyzontidae--all species except Ichthyomyzon
castaneus and I. gagei;
(B)
Freshwater Stingrays Family: Potamotrygonidae--all species;
(C)
Arapaima Family: Osteoglossidae--Arapaima gigas;
(D)
South American Pike Characoids Family: Characidae--all
species of genus Acestrorhyncus;
(E)
African Tiger Fishes
Family,
Subfamily
Alestiidae
: Hydrocyninae--all species
of genus Hydrocynus
;
(F)
Piranhas and
Pirambebas: Family Serrasalmideae
,[
Priambebus
] Subfamily: Serrasalminae--all species
except pacus
of the genus Piaractus
;
(G)
Payara and other wolf or vampire tetras: Family Characidae,
[
Rhaphiodontid Characoids
] Subfamily: Rhaphiodontinae--all
species of genera Hydrolycus and Rhaphiodon
, including Cynodon
[
(synonymous with Cynodon)
];
(H)
Dourados
: Family Characidae,
Subfamily: Bryconinae--all
species of genus Salminus;
(I)
South American Tiger Fishes Family: Erythrinidae--all species;
(J)
South American Pike Characoids Family: Ctenolucidae--all
species of genera Ctenolucius and
Boulengerella, including
Luciocharax
[
(synonymous with Boulengerella
] and Hydrocinus [
)
];
(K)
African Pike Characoids Families: Hepsetidae
and
Ichthyboridae--all
species;
(L)
Electric Eels Family: Electrophoridae--Electrophorus electricus;
(M)
Carps and Minnows Family: Cyprinidae--all species and hybrids
of species of genera:
Aspius, Pseudoaspius, Aspiolucius (Asps); Abramis,
Blicca, Megalobrama, Parabramis (Old World Breams); Hypophthalmichthys or
Aristichthys (Bighead Carp); Mylopharyngodon (Black Carp); Ctenopharyngodon
(Grass Carp); Cirrhinus (Mud Carp); Thynnichthys (Sandkhol Carp); Hypophthalmichthys
(Silver Carp); Catla (Catla); Leuciscus (Old World Chubs, Ide, Orfe, Daces);
Tor, including the species Barbus hexiglonolepsis (Giant Barbs and Mahseers);
Rutilus (Roaches); Scardinius (Rudds); Elopichthys (Yellowcheek); Catlocarpio
(Giant Siamese Carp); all species of the genus Labeo (Labeos) except Labeo
chrysophekadion (black sharkminnow)
[
Abramis, Aristichthys, Aspius,
Aspiolucius, Blicca, Catla, Cirrhina, Ctenopharyngodon, Elopichthys, Hypophthalmichthys,
Leuciscus, Megalobrama, Mylopharyngodon, Parabramis, Pseudaspius, Rutilus,
Scardinius, Thynnichthys, Tor, and the species Barbus tor (synonymous with
Barbus hexoagoniolepis);
(N)
Walking Catfishes Family: Clariidae--all species;
(O)
Electric Catfishes Family: Malapteruridae--all species;
(P)
South American Parasitic Candiru Catfishes Subfamilies:
Stegophilinae
and
Vandelliinae--all species;
(Q)
Pike Killifish Family: Poeciliidae--Belonesox belizanus;
(R)
Marine Stonefishes Family: Synanceiidae--all species;
(S)
Tilapia Family: Cichlidae--all species of
genera
[
genus
] Tilapia
, Oreochromis and Saratherodon
[
(including
Sarotherodon and Oreochromis)
];
(T)
Asian Pikeheads Family: Luciocephalidae--all species;
(U)
Snakeheads Family: Channidae--all species;
(V)
Old World Pike-Perches
[
Walleyes
]
Family: Percidae--all species of the genus
Sander except Sander vitreum
[
Stizostedion except Stizostedion vitreum and S. canadense
];
(W)
Nile Perch Family: Centropomidae
(also called Latidae)
--all species of genera Lates and Luciolates;
(X)
Seatrouts and Corvinas
[
Drums
] Family:
Sciaenidae--all species of genus Cynoscion except Cynoscion nebulosus, C.
nothus, and C. arenarius;
(Y)
Whale Catfishes Family: Cetopsidae--all species;
(Z)
Ruffe
[
Ruff
] Family: Percidae--all
species of genus Gymnocephalus;
(AA)
Air sac Catfishes Family
: Heteropneustidae--all species
;
(BB)
Swamp Eels, Rice Eels or One-Gilled Eel Family: Synbranchidae--all
species;
(CC)
Freshwater Eels family:
Anguilliidae--all species
except Anguilla rostrata;
(DD)
Round Gobies Family: Gobiidae--all species of genus
Neogobius, including N. melanostoma
[
Heteropneustidae--All species
of genus Heteropneustes
].
(EE)
Temperate Basses Family: Moronidae--all
species except for Morone saxatilis, M. Chrysops and M. Mississippiensis and
hybrids of these three species;
(FF)
Temperate Perches Family: Percichthyidae--all
species, including species of the genus Siniperca (Chinese perches).
(17)
[
(15)
] Harmful or potentially harmful
exotic shellfish--
(A)
Crayfishes Family: Parastacidae--all species [
of the
genus Astacopsis
];
(B)
Mittencrabs Family: Grapsidae--all species of genus Eriocheir;
[
(C)
Giant Ram's-horn Snails Family: Piliidae
(synonymous with Ampullariidae)--all species of genus Marisa;
]
(C)
[
(D)
] Zebra Mussels Family: Dreissenidae--all
species of genus Dreissena;
(D)
[
(E)
] Penaeid Shrimp Family: Penaeidae--all
species of
genera
[
genus
] Penaeus, Litopenaeus, Farfantepenaeus,
Fenneropenaeus, Marsupenaeus, and Melicertus
(all previously considered
Penaeus)
except L. setiferus,
Far.
[
F.
] aztecus
and
Far.
[
F.
] duorarum.
(E)
[
(F)
] Oyster Family: Ostreidae--all
species except Crassostrea virginica and Ostrea equestris.
(F)
[
(G)
]
Applesnails and Giant
Rams--Horn Snail: all genera and species of the Family Ampullariidae (previously
called Pilidae), including Pomacea and Marisa, except spiketop applesnail
(Pomacea bridgesii)
[
Applesnails Family: Ampullariidae--Channeled
Applesnail (Pomacea canaliculata)
].
(18)
[
(16)
] Harmful or potentially harmful
exotic plants--
(A)
Giant
or Dotted
Duckweed Family: Lemnaceae--
Landolita punctata
[
Spirodela oligorhiza
];
(B)
Salvinia Family: Salviniaceae--all species of genus Salvinia;
(C)
Waterhyacinth Family: Pontederiaceae--Eichhornia crassipes
(floating waterhyacinth) and E. azurea (rooted waterhyacinth)
;
(D)
Waterlettuce Family: Araceae--Pistia stratiotes;
(E)
Hydrilla Family: Hydrocharitaceae--Hydrilla verticillata;
(F)
Lagarosiphon Family: Hydrocharitaceae--Lagarosiphon major;
(G)
Eurasian Watermilfoil Family: Haloragaceae--Myriophyllum
spicatum;
(H)
Alligatorweed Family: Amaranthaceae--Alternanthera philoxeroides;
[
(I)
Rooted Waterhyacinth Family: Pontederiaceae--Eichhornia
azurea;
]
(I)
[
(J)
] Paperbark Family: Myrtaceae--Melaleuca
quinquenervia;
(J)
[
(K)
] Torpedograss Family: Gramineae--Panicum
repens;
(K)
[
(L)
] Water spinach
(also called
ong choy, rau mong and kangkong)
Family: Convolvulaceae--Ipomoea
aquatica
[
aquatic
].
(L)
Ambulia--Limnophila sessiflora;
(M)
Narrowleaf False Pickerelweed--Monochoria
hastate;
(N)
Heartshaped False Pickerelweed--Monochoria
vaginalis;
(O)
Duck-lettuce--Ottelia alismoides;
(P)
Wetland Nightshade--Solanum tampicense;
(Q)
Exotic Bur-reed--Sparganium erectum;
(R)
Brazilian Peppertree--Schinus terebinthifolius;
(S)
Purple Loosestrife--Lythrum salicaria.
(19)
[
(17)
] Harmful or potentially harmful
exotic species exclusion zone--That
part of the state that is both
[
area
] south of SH 21
and east of I-35, but
[
, from its
intersection with the Texas/Louisiana border, approximately five miles due
east of Milam, Texas,
] not including [
that area of
] Brazos
County [
south of SH 21, to San Marcos; thence south of IH 35 to Laredo
].
(20)
[
(18)
] Immediately--Without delay;
with no intervening span of time.
(21)
[
(19)
] Manifestations of disease--Manifestations
of disease include, but are not limited to, one or more of the following:
heavy or unusual predator activity, empty guts, emaciation, rostral deformity,
digestive gland atrophy or necrosis, gross pathology of shell or underlying
skin typical of viral infection, fragile or atypically soft shell, gill fouling,
or gill discoloration.
(22)
[
(20)
] Nauplius or nauplii--A larval
crustacean having no trunk segmentation and only three pairs of appendages.
(23)
[
(21)
] Operator--The person responsible
for the overall operation of a wastewater treatment facility.
(24)
[
(22)
] Place of business--A permanent
structure on land where aquatic products or orders for aquatic products are
received or where aquatic products are sold or purchased.
(25)
[
(23)
]
Post-larvae
[
Postlarva
]--A juvenile crustacean having acquired a full complement
of functional appendages.
(26)
[
(24)
] Private facility--A pond,
tank, cage, or other structure capable of holding cultured species in confinement
wholly within or on private land or water, or within or on permitted public
land or water.
(27)
[
(25)
] Private facility effluent--Any
and all water which has been used in aquaculture activities.
(28)
[
(26)
] Private pond--A pond, tank,
lake, or other structure capable of holding cultured species in confinement
wholly within or on private land.
(29)
[
(27)
] Public aquarium--An American
Association of Zoological Parks and Aquariums accredited facility for the
care and exhibition of aquatic plants and animals.
(30)
[
(28)
] Public waters--Bays, estuaries,
and water of the Gulf of Mexico within the jurisdiction of the state, and
the rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those
waters where public access is available without discrimination.
(31)
[
(29)
] Quarantine condition--Confinement
of exotic shellfish such that neither the shellfish nor the water in which
they are or were maintained comes into contact with
water in the state
and with
other fish
and/or
[
or
] shellfish.
(32)
Shellfish disease specialist--A person
with a degree in veterinary medicine or a Ph.D. who specializes in disease
of shellfish.
(33)
[
(30)
] Triploid grass or black carp--A
grass carp (Ctenopharyngodon idella) or black carp (Mylophryngodon piceus)
that
[
which
] has been certified by the United States Fish
and Wildlife Service as having 72 chromosomes and as being functionally sterile.
(34)
[
(31)
] Waste--Waste shall have the
same meaning as in Chapter 26, §26.001(6) of the Texas Water Code.
(35)
[
(32)
] Water in the state--Water
in the state shall have the same meaning as in Chapter 26, §26.001(5)
of the Texas Water Code.
(36)
[
(33)
] Wastewater treatment facility--All
contiguous land and fixtures, structures or appurtenances used for treating
wastewater pursuant to a valid permit issued by the Texas Commission on Environmental
Quality.
§57.113.Exceptions.
(a)
A person who holds a valid Exotic Species Permit issued
by the department may possess, propagate, sell and transport to the permittee's
private facilities exotic harmful or potentially harmful fish, shellfish and
aquatic plants only as authorized in the permit provided the harmful or potentially
harmful exotic species are to be used exclusively:
(1)
as experimental organisms in a department approved research
program; or
(2)
for exhibit in a public aquarium approved for display of
harmful or potentially harmful exotic fish, shellfish and aquatic plants.
(b)
A person may possess exotic harmful or potentially harmful
fish or shellfish, exclusive of grass carp, without a permit, if the [
intestines of the
] fish or shellfish have been
gutted
[
removed
], or in the case of oysters, if the oysters have been shucked
or otherwise removed from their shells.
(c)
A person may possess grass carp harvested from public waters
that have not been permitted for triploid grass carp, without a permit, if
the
grass carp
[
intestines
] have been
gutted
[
removed
].
(d)
An aquaculturist
[
A fish farmer
]
who holds a valid exotic species permit issued by the department may possess,
propagate, transport or sell
water spinach,
triploid grass carp
[
(Ctenopharyngodon idella)
], silver carp [
(Hypophthalmicthys
molitrix)
], triploid black carp
,
[
(Mylophryngogon piceus,
also
] commonly known as snail carp[
)
], bighead carp [
(Aristichthys/Hypophthalmicthys nobilis)
], blue tilapia (
Oreochromis
aureusa
[
Tilapia aurea
]), Mozambique tilapia (
O. mossambica
[
Tilapia mossambica
]), Nile tilapia (
O. nilotocusa
[
Tilapia nilotica
]), [
water spinach (Ipomoea aquatica),
] or hybrids between the three tilapia species, unless otherwise provided
by conditions of the permit or these rules.
(e)
An aquaculturist
[
A fish farmer
]
who holds a valid exotic species permit issued by the department may possess,
propagate, transport, or sell Pacific white shrimp (Litopenaeus vannamei)
provided the exotic shellfish meet disease free certification requirements
listed in §57.114 of this title (relating to Health Certification of
Exotic Shellfish) and as provided by conditions of the permit and these rules.
(f)
An operator of a wastewater treatment facility in possession
of a valid exotic species permit issued by the department may possess and
transport permitted exotic species to their facility only for the purpose
of wastewater treatment.
(g)
A person may possess Mozambique tilapia in a private pond
or private facility
subject to compliance with §57.116(d) of this
title (relating to Exotic Species Transport Invoice).
(h)
The holder of a valid triploid grass carp permit issued
by the department may possess triploid grass carp as provided by conditions
of the permit and these rules.
(i)
A licensed retail or wholesale fish dealer is not required
to have an exotic species permit to purchase or possess:
(1)
live individuals of
triploid grass carp, silver carp,
triploid black carp, bighead carp, blue tilapia, Mozambique tilapia, Nile
tilapia
[
species
] or hybrids of
those
species
[
listed in subsection (d) of this section
] held in the place of
business, unless the retail or wholesale fish dealer propagates one or more
of these species. However, such a dealer may sell or deliver these species
to another person only if
the fish have been gutted or beheaded
[
the intestines or head of the fish are removed
]; or
(2)
Live Pacific white shrimp (Litopenaeus vannamei) held in
the place of business if the place of business is not located within the
exclusion zone described in §57.111 of this title (relating to Definitions)
[
Harmful or Potentially Harmful Exotic Species Exclusion Zone
]. However, such a dealer may only sell or deliver this species to another
person if the shrimp are dead and packaged on ice or frozen.
(j)
The department is authorized to stock triploid grass carp
into public waters in situations where the department has determined that
there is a legitimate need, and when stocking will not affect threatened or
endangered species, coastal wetlands, or specific management objectives for
other important species.
(k)
An aquaculturist
[
A fish farmer
]
who holds a valid exotic species permit issued by the department may possess,
propagate, transport and sell Pacific blue shrimp (Litopenaeus stylirostris)
provided the exotic shellfish are cultured under quarantine conditions in
private facilities located outside the harmful or potentially harmful exotic
species exclusion zone, and meet disease free certification requirements listed
in §57.114 of this title (relating to Health Certification of Exotic
Shellfish) and as provided by conditions of the permit and these rules.
(l)
A person operating
[
An operator of
]
a mechanical plant harvester in
accordance with the provisions
[
possession
] of a valid exotic species permit issued by the department
may remove and dispose of prohibited plant species from public or private
waters only by means authorized in the permit.
(m)
Any person may possess
water
[
Water
]
spinach [
(Ipomoea aquatica)
] for personal consumption.
§57.114.Health Certification of Exotic Shellfish.
(a)
All disease free certification of exotic shellfish must
be conducted by a shellfish disease specialist approved by the department.
(b)
Any person importing live exotic shellfish from facilities
outside the state must prior to importation:
(1)
provide documentation to the department that the shellfish
to be imported have been inspected and certified as disease-free by a department-approved
shellfish disease specialist; and
(2)
receive acknowledgment from the department that the requirements
of paragraph (1) of this subsection have been met.
(c)
Any person in possession of exotic shellfish for the purpose
of production of post-larvae must provide to the department monthly certification
that nauplii and post-larvae have been examined and are certified to be disease-free.
If certification cannot be provided, the exotic shellfish must be maintained
in quarantine condition until the department acknowledges in writing that
the stock is disease-free or specifies in writing condition(s) under which
the quarantine can be removed.
(d)
Any person in possession of exotic shellfish stocks who
observes one or more of the manifestations of disease appearing on the clinical
analysis checklist provided by the department shall:
(1)
immediately
place the entire facility under
quarantine
condition
[
the entire facility
], immediately notify the department
and immediately request an inspection from a
certified inspector
[
department approved examiner
]; or
(2)
immediately
place the entire facility under
quarantine
condition
[
the entire facility
], immediately notify the department
and immediately submit samples of the affected shellfish to a department approved
shellfish disease specialist for analysis. Results of such analyses shall
be forwarded to the department immediately upon receipt.
(e)
Upon receiving a request from a permit holder under subsection
(d)(1) of this section, the
certified inspector
[
department
approved examiner
] shall inspect the private facility, complete the
clinical analysis checklist provided by the department, and submit copies
of the checklist to the department and the permit holder.
(f)
No more than 14 days prior to
[
Before
]
harvesting ponds or discharging any waste [
for the first time in any
calendar year
] into or adjacent to water in the state, the permittee
shall:
(1)
have a
certified inspector visit
[
department
approved examiner inspect
] the facility and examine samples of the shellfish
from
each
[
the
] pond or other structure
from which
waste will be discharged or from which shellfish will be harvested or from
any other pond or structure that in the opinion of the certified inspector
requires further investigation
[
containing exotic shellfish no
more than 14 days prior to the first discharge or harvest
] and shall
submit the results of the examination to the department on the [
department
approved
] clinical analysis checklist; or
(2)
submit samples of the shellfish from
each
[
the
] pond or other structure containing exotic shellfish to a department
approved shellfish disease specialist for analysis no more than 14 days prior
to the first discharge or harvest and submit the results of such analyses
to the department immediately upon receipt.
(g)
If the results of an inspection performed under subsection
(f)(1) of this section indicate the presence of one or more manifestations
of disease, the permittee shall immediately place the entire facility under
quarantine
condition
and immediately submit samples of the shellfish
from the affected portion(s) of the facility to a department approved shellfish
disease specialist for analysis. Results of such analyses shall be forwarded
to the department immediately upon receipt.
(h)
If the results of analyses performed under subsection (f)(2)
of this section indicate the presence of disease, the permittee shall immediately
place the entire facility under quarantine
condition
.
(i)
If the results of inspections or analyses of shellfish
from a
[
A
] private facility quarantined under subsections
(d), (g) or (h) of this section
indicate the presence of disease, the
facility
shall remain under quarantine condition until the department
removes the quarantine
condition
in writing or authorizes in writing
other actions deemed appropriate by the department based on the required analyses.
(j)
If the results of inspections or
analyses
[
testing
] performed under subsection (f) of this section indicate the
absence of any manifestations of disease, the permittee may begin discharging
from the facility.
§57.115.Transportation of Live Exotic Species.
(a)
Transport of live harmful or potentially harmful exotic
species is prohibited except by:
(1)
An aquaculturist
[
A fish farmer
]
in possession of a valid
exotic species permit and an exotic species
transport invoice
[
Exotic Species Permit and an exotic Species
Transport Invoice
];
(2)
a commercial shipper acting for the permit holder in possession
of an
exotic species transport invoice
[
Exotic Species Transport
Invoice
];
(3)
persons holding exotic species pursuant to limitations
of §57.113 of this title (relating to Exceptions).
(b)
An aquaculturist
[
A fish farmer
]
transporting live triploid grass or black carp must have sales invoices which
account for all triploid grass or black carp being transported and a copy
of the United States Fish and Wildlife Service certification declaring that
the carp being transported have been certified as being triploid in addition
to meeting requirements of Chapter 134 of the Agriculture Code.
§57.116.Exotic Species Invoice.
(a)
An exotic species transport invoice shall contain all the
following information correctly stated and legibly written: invoice number;
date of shipment; name, address, and phone number of the shipper; name, address,
and phone number of the receiver;
aquaculture
[
fish farmer's
Aquaculture
] license number and exotic species permit number, if applicable;
number and total weight of each harmful or potentially harmful exotic species;
a check mark indicating interstate import, interstate export, or intrastate
type of shipment. A completed invoice shall accompany each shipment of harmful
or potentially harmful exotic species sold or transferred, and shall be sequentially
numbered during the permit period; no invoice number shall be used more than
once during any one permit period by the permittee.
(b)
The exotic species transport invoice shall be provided
by the permittee; one copy shall be retained by the permittee for a period
of at least one year following shipping date and one copy shall be forwarded
to the department's Exotic Species Program Leader.
(c)
The permittee is responsible for supplying completed copies
of the exotic species transport invoice to out-of-state dealers from which
the permittee has purchased and or received harmful or potentially harmful
exotic species, or to whom harmful or potentially harmful exotic species are
transferred so that shipment will be properly marked and numbered upon delivery
to the permittee in Texas.
(d)
Owners, or their agents, of private ponds stocked with
Mozambique tilapia or triploid grass carp by an Exotic Species Permit holder
shall retain a copy of the Exotic Species Transport Invoice for a period of
one year after the stocking date or as long as the tilapia or triploid grass
carp are in the water, whichever is longer.
§57.117.Exotic Species Permit: [ Fee and ] Application Requirements.
(a)
To be considered for an
exotic species permit
[
Exotic Species Permit
], the applicant shall:
(1)
meet one or more of the following criteria:
(A)
possess a valid
aquaculture license
[
Aquaculture
License
];
(B)
possess a valid permit from the Texas Commission on Environmental
Quality authorizing operation of a wastewater treatment facility;
(C)
possess a department approved research proposal involving
use of harmful or potentially harmful exotic fish, shellfish or aquatic plants;
[
or
]
(D)
operate a public aquarium approved for display of harmful
or potentially harmful exotic fish, shellfish or aquatic plants;
or
(E)
operate a facility approved by the department
for the possession and propagation of harmful or potentially harmful exotic
aquatic plants;
(2)
complete and submit an initial exotic species permit application
on a form provided by the department;
(3)
submit an accurate-to-scale plat of the
aquaculture
facility specifically including, but not limited to, location of:
(A)
all private facilities and owner's name and physical address
including a designation on the plat of all private facilities which will be
used for possession of harmful or potentially harmful exotic species;
(B)
all structures which drain private facilities;
(C)
all points at which private facility effluent is discharged
from the private facilities or the
aquaculture facility
[
fish farm
];
(D)
all structures designed to prevent escapement of harmful
or potentially harmful species from the
aquaculture facility
[
fish farm
];
(E)
any vats, raceways, or other structures to be used in holding
harmful or potentially harmful exotic species;
(4)
demonstrate to the department that an existing
aquaculture
facility
[
fish farm
], private facility or wastewater treatment
facility meets requirements of §57.129 of this title (relating to Exotic
Species Permit: Private Facility Criteria);
(5)
remit to the department all applicable fees.
(b)
Applicants for an exotic species permit for culture of
harmful or potentially harmful exotic shellfish must meet all exotic species
permit application requirements and requirements for disease free certification
as listed in §57.114 of this title (relating to Health Certification
of Exotic Shellfish).
(c)
An applicant for an exotic species permit shall provide
upon request from the department documentation necessary to identify any harmful
or potentially harmful exotic species and confirm the source of origin for
the species for which a permit is sought.
(d)
An applicant for an
exotic species permit
[
Exotic Species Permit
] whose facility is located within the harmful
or potentially harmful exotic species exclusion zone as defined in §57.111
of this title (relating to Definitions) must submit an
emergency plan
[
Emergency Plan
] to the department for review and approval.
The plan shall include measures sufficient to prevent release or escapement
of permitted harmful or potentially harmful exotic species into public water
during a natural catastrophe (such as a hurricane or flood).
§57.118.Exotic Species Permit Issuance.
(a)
The department may issue an
exotic species permit
[
Exotic Species Permit
] only to:
(1)
an aquaculturist
[
a fish farmer
]
and only for species listed in §57.113
(d), (e), and (k)
of
this title (relating to Exceptions);
(2)
a wastewater treatment facility operator;
(3)
department approved research programs; or
(4)
a public aquarium for display purposes only.
(b)
The department may issue an exotic species permit upon
a finding by the department that:
(1)
all application requirements as set out in §57.117
of this title (relating to Exotic Species Permit: Fee and Application Requirements)
have been met;
(2)
the
aquaculture facility
[
fish farm
]
operated by the applicant and named in the permit meets or will meet the design
criteria listed in §57.129 of this title (relating to Exotic Species
Permit: Private Facility Criteria);
(3)
the applicant has complied with all provisions of the Parks
and Wildlife Code, §66.007, §66.015, and these rules during the
one-year period preceding the date of application.
(c)
Permits issued for
aquaculture facilities
[
fish farms
], private facilities or wastewater treatment facilities under
construction shall not authorize possession of harmful or potentially harmful
exotic fish, shellfish or aquatic plants until such time as the department
has certified that the
aquaculture facility
[
fish farm
],
private facilities or wastewater treatment facility as-built meets the requirements
in §57.129 of this title (relating to Exotic Species Permit: Private
Facility Criteria).
§57.119.Exotic Species Permit: Requirements for Permits.
(a)
A copy of the
exotic species permit
[
Exotic
Species Permit
] shall be:
(1)
made available for inspection upon request of authorized
department personnel; and
(2)
prominently displayed on the premises of the
aquaculture
facility
[
fish farm
], private facilities or wastewater treatment
facility named in the permit.
(b)
Permittee must provide access to all facilities covered
by the application to authorized department personnel during any hours in
which operations pursuant to the exotic species permit are ongoing.
(c)
If a permittee discontinues
aquaculture
[
fish farming
], research activities or public aquarium display involving
harmful or potentially harmful exotic species or discontinues wastewater treatment,
the permittee shall:
(1)
immediately and lawfully sell, transfer or destroy all
remaining individuals of that species in possession; and
(2)
notify the department's Exotic Species Program Leader at
least 14 days prior to cessation of operation.
(d)
Upon a request, a permittee shall provide an adequate number
of fish, shellfish, or aquatic plants to authorized department employees for
identification and analyses.
(e)
In the event that the
aquaculture facility
[
fish farm
], private facilities or a wastewater treatment facility of
a permit holder appears in imminent danger of overflow, flooding, or release
of harmful or potentially harmful exotic fish, shellfish or aquatic plants
into public water, the permittee shall:
(1)
immediately notify the department;
(2)
immediately begin implementation of the
department-approved
emergency plan
[
department approved Emergency Plan
].
(f)
Except in case of an emergency, a holder of an exotic species
permit authorizing possession of
Litopenaeus
[
Litoenaeus
]
vannamei must notify the department at least 72 hours prior to, but not more
than
14
[
seven
] days prior to any harvesting of permitted
shellfish. In an emergency beyond the control of the permittee, notification
of harvest must be made as early as practicable prior to beginning of harvest
operations.
(g)
A holder of an exotic species permit authorizing possession
of harmful or potentially harmful exotic species may sell or transfer ownership
of live individuals only to the holder of a valid exotic species permit specifically
authorizing possession of transferred species.
(h)
Upon discovery of release or escapement of harmful or potentially
harmful exotic fish or shellfish from any private facilities authorized in
an exotic species permit, the permittee must immediately halt discharge of
all private facility effluent from the
aquaculture facility
[
fish farm
]. If the permittee's private facility is located within
an aquaculture
[
a fish farm
] complex, upon discovery or release
or escapement of harmful or potentially harmful fish or shellfish, the permittee
must immediately halt discharge of all private facility effluent.
(i)
A holder of an exotic species permit must notify the department's
Exotic Species Program Leader in the event of escapement or release of harmful
or potentially harmful exotic fish or shellfish, within two hours of discovery.
(j)
All devices required in the exotic species permit for prevention
of discharge of harmful or potentially harmful exotic fish, shellfish, or
aquatic plants must be in place and properly maintained prior to and at all
times such species are in possession.
(k)
All private facility effluent discharged from
an aquaculture
facility
[
a fish farm
] holding exotic harmful or potentially
harmful species must be routed through all devices for prevention of discharge
of exotic species as required in the permit.
(l)
A permittee must notify the department's Exotic Species
Program Leader in the event of change of ownership of the
aquaculture
facility
[
fish farm
] named in that permittee's exotic species
permit. Notification must be made immediately.
(m)
Permits are not transferable from site to site.
§57.120.Exotic Species Permit: Expiration and Renewal.
(a)
An exotic species permit
[
Exotic Species
Permits
] required by these rules expires on December 31 of the year
issued.
(b)
The department may renew an
exotic species permit
[
Exotic Species Permit
] upon finding that:
(1)
the applicant has met application requirements in §57.117
of this title (relating to Exotic Species Permit: Fee and Application Requirements);
(2)
the facility will meet all applicable facility design criteria
listed in §57.129 of this title (relating to Exotic Species Permit: Private
Facility Criteria);
(3)
the applicant has complied with all provisions of the Parks
and Wildlife Code, §66.007, §66.015, and these rules during the
one-year period preceding the date of agency action on the application for
renewal; and
(4)
the applicant has submitted a renewal application and all
required annual reports to the department as required in §57.123(a) and
(b) of this title (relating to Exotic Species Permit Reports).
§57.121.Exotic Species Permit--Amendment.
(a)
Exotic species permits may be amended upon a finding by
the department that:
(1)
the applicant has complied with all provisions of the Parks
and Wildlife Code, §66.007, §66.015, all
provisions of the
[
conditions in
] permit, and these rules during the one-year
period preceding the date of application;
(2)
the applicant has met all applicable application requirements
under §57.117 of this title (relating to Exotic Species Permit--Fee Application
Requirements); and
(3)
the facilities as altered will meet the private facility
criteria in §57.129 of this title (relating to Exotic Species Permit).
(b)
Exotic species permits must be amended to reflect any:
(1)
addition or deletion of species of harmful or potentially
harmful exotic fish, shellfish, or aquatic plants held pursuant to the permit;
(2)
intended redistribution of harmful or potentially harmful
fish, shellfish, and aquatic plants into private facilities not authorized
in the permit;
(3)
change in methods of preventing discharge of harmful or
potentially harmful exotic fish, shellfish, and aquatic plants;
(4)
change in discharge of private facility effluent from
aquaculture facilities
[
fish farms
] or wastewater treatment
facilities; and
(5)
change in existing design criteria listed in §57.129
of this title (relating to Exotic Species Permit--Private Facility Criteria).
(c)
Applicants seeking amendment of exotic species permits,
including those issued prior to January 23, 1992, must meet all application
requirements listed in §57.117 of this title (relating to Exotic Species
Permit--Fee and Application Requirements) and facility design criteria listed
in §57.129 of this title (relating to Exotic Species Permit--Private
Facility Criteria).
§57.122.Appeal.
An opportunity for hearing shall be provided to the applicant or permit
holder for any denial of an exotic species permit or a triploid grass carp
permit or where the terms of issuance are different from those requested by
the applicant.
(1)
Requests for hearings shall be made in writing to the department
no more than 30 days from receipt of the denial notification.
(2)
All hearings shall be conducted in accordance with the
rules of practice and procedure of the
State Office of Administrative
Hearings and applicable provisions of the Government Code
[
Texas
Parks and Wildlife Department and the Administrative Procedure Act
].
§57.123.Exotic Species Permit Reports.
(a)
The
exotic species permit
[
Exotic Species
Permit
] holder shall submit an annual report that accounts for importation,
possession, transport, sale, transfer or other disposition of any harmful
or potentially harmful exotic species handled by the permittee. This report
shall be submitted on forms provided by the department with the application
and shall be due January 10 of each year.
(b)
An
exotic species permit
[
Exotic Species
Permit
] holder who has imported, possessed, transported, transferred
or sold triploid grass carp shall provide a copy of each exotic species transport
invoice issued and a copy of each triploid grass carp certification received
by the permittee for triploid grass carp purchased during the past year with
their annual report.
§57.124.Triploid Grass Carp; Sale, Purchase.
(a)
Triploid grass carp may be sold only by a holder of an
exotic species permit authorizing possession of triploid grass carp, and only
to:
(1)
a person in possession of a valid exotic species permit
authorizing possession of triploid grass carp; or
(2)
a person in possession of a valid triploid grass carp permit,
and only in an amount less than or equal to that number specified in the permit.
(b)
A person who holds a valid triploid grass carp permit may
purchase triploid grass carp only from a Texas
aquaculturist
[
fish farmer
] in possession of a valid exotic species permit authorizing
possession of triploid grass carp, and only in an amount less than or equal
to that number specified in the triploid grass carp permit.
(c)
A holder of an exotic species permit may obtain triploid
grass carp only from:
(1)
the holder of a valid exotic species permit authorizing
possession of triploid grass carp; or
(2)
a lawful source outside of the state.
(d)
An aquaculturist
[
A fish farmer
]
in possession of an exotic species permit must notify the department not less
than 72 hours prior to taking possession of any and all shipments of triploid
grass carp received from any source. Notification must include:
(1)
number of triploid grass carp being purchased;
(2)
source of triploid grass carp;
(3)
final destination of triploid grass carp;
(4)
name of certifying authority who conducted triploid grass
carp certification; and
(5)
name, address and
aquaculture
[
fish farmer's
Aquaculture
] license number (if applicable) of both shipper and receiver.
§57.129.Exotic Species Permit: Private Facility Criteria.
(a)
The
aquaculture facility
[
fish farm
]
or wastewater treatment facility must be designed to prevent discharge of
water containing adult or juvenile harmful or potentially harmful exotic species,
their eggs, seeds or other reproductive parts from the permittee's property.
(b)
Aquaculture facilities
[
Fish farms
]
holding harmful or potentially harmful exotic fish or shellfish shall have
at least three appropriately designed and constructed permanent screens placed
between any point in the
aquaculture facility
[
fish farm
]
where harmful or potentially harmful exotic fish or shellfish are intended
to be in water on the
aquaculture facility
[
fish farm
]
and the point where private facility effluent first leaves the
aquaculture
facility
[
fish farm
].
(1)
Screen mesh shall be of an appropriate size for each stage
of exotic fish or shellfish growth and development.
(2)
One screen must be permanently affixed in front of the
final discharge pipe in the harvest structure and remain in place while the
pond is in use. This screen and backing material must be of sufficient strength
to withstand a water level differential of the height of the discharge area.
(3)
At those facilities which discharge into public waters,
one screen must be secured over the terminal end of the discharge pipe at
all times. This screen must be secured in such a fashion as to prevent escape
of permitted species. A second, additional screen must be secured over the
terminal end of the discharge pipe during all harvest activities.
(4)
Screens must be designed and constructed such that screens
can be maintained and cleaned without reducing the level of protection against
release of harmful or potentially harmful exotic fish or shellfish. The department
may approve alternate methods of preventing discharge of harmful or potentially
harmful exotic fish or shellfish upon a finding that those methods are at
least as effective in preventing discharge of adult or juvenile harmful or
potentially harmful exotic species, their eggs,
seeds,
or other
reproductive parts from the permittee's property. The point of discharge of
all mechanical harvesting devices must be double screened to prevent escapement
of harmful or potentially harmful fish or shellfish.
(c)
An aquaculture facility that is
[
Fish farms
which are
] to contain species or hybrids of species listed in §57.113
of this title (relating to Exceptions) and wastewater treatment facilities
containing permitted exotic species which are within the 100-year flood plain,
referred to as Zone A on the National Flood Insurance Program Flood Insurance
Rate Map, must be enclosed within an earthen or concrete dike or levee constructed
in such a manner to exclude all flood waters and such that no section of the
crest of the dike or levee is less than one foot above the 100-year flood
elevation. Dike design or construction must be approved by the department
before issuance of a permit.
(d)
An aquaculture facility
[
Fish farms
]
containing harmful or potentially harmful exotic shellfish shall be capable
of segregating stocks of shellfish which have not been certified as free of
disease from other stocks of shellfish on that
aquaculture facility
[
fish farm
].
(e)
An aquaculture facility
[
A fish farm
]
containing harmful or potentially harmful exotic fish or shellfish must have
in place security measures designed to prevent unrestricted or uncontrolled
access to any private facilities containing harmful or potentially harmful
exotic fish or shellfish. Security measures must prevent unauthorized removal
of such species from the fish farm.
(f)
For
aquaculture facilities
[
fish farms
] that are part of
an aquaculture
[
a fish farm
]
complex, the following additional facility standards shall apply.
(1)
Each permittee shall maintain in the common drainage at
least one screen for preventing the movement of harmful or potentially harmful
exotic fish or shellfish between the point where private facility effluent
from the permittee's
private facility
[
fish farm
] enters
the common drainage and each point where an adjacent
aquaculturist's
[
fish farmer's
] private facility effluent enters the common
drainage. The adequacy of design and construction of such screens or other
structures shall be determined by the department as provided in subsection
(a)(1) of this section.
(2)
Each permittee within the complex must have authority to
stop the discharge of private facility effluent from the complex in the event
of escapement or release of such fish or shellfish from that permittee's
private facility
[
fish farm
].
§57.130.Exotic Species Interstate Transport Permit.
(a)
Transport of live harmful or potentially harmful exotic
species originating from a point of origin outside the state of Texas and
being transported through Texas to a destination outside of the state of Texas
is prohibited except by the holder of an
exotic species permit or an
exotic species interstate transport permit
[
Exotic Species Permit
or an Exotic Species Interstate Transport Permit
].
(b)
Anyone transporting live harmful or potentially harmful
exotic species must provide documentation accounting, collectively, for all
exotic species being transported.
§57.131.Exotic Species Interstate Transport Permit: Application and Issuance.
(a)
The department shall charge a nonrefundable
exotic
species interstate transport permit.
[
Exotic Species Interstate
Transport Permit
] application fee
as specified in Chapter 53 of
this title (relating to Finance)
[
of either:
]
[
(1)
$25 for individual permits; or
]
[
(2)
$100 for an annual permit.
]
(b)
To apply for an
exotic species interstate transport
permit
[
Exotic Species Interstate Transport Permit
] an applicant
shall:
(1)
complete and submit an
exotic species interstate transport
permit
[
Exotic Species Interstate Transport Permit
] application
on a form provided by the department;
(2)
remit to the department's Exotic Species Program Leader
all applicable fees.
(c)
An applicant for an
exotic species interstate transport
permit
[
Exotic Species Interstate Transport Permit
] shall
provide documentation upon request from the department necessary to identify
any harmful or potentially harmful exotic species and source of origin of
the species for which the permit is sought.
(d)
The department may issue an
exotic species interstate
transport permit
[
Exotic Species Interstate Transport Permit
]
upon a finding that all provisions of subsections (a)-(c) of this section
have been met.
§57.132.Exotic Species Interstate Transport Permit: Permittee Requirements.
(a)
A copy of the
exotic species interstate transport
permit
[
Exotic Species Interstate Transport Permit
] shall
be made available for inspection immediately upon request of authorized department
personnel.
(b)
Permittee must provide access to shipments of exotic species
to authorized department personnel during the effective date of the permit.
(c)
Permittee must notify the department's Exotic Species Program
Leader in writing or by facsimile transmission at least 72 hours prior to
transport of live harmful or potentially harmful exotic species indicating
transport date, intended transportation route, and name and physical address
of recipient.
(d)
While transporting harmful or potentially harmful exotic
species within the state of Texas, a holder of an
exotic species interstate
transport permit
[
Exotic Species Interstate Transport Permit
]
must notify the department's Exotic Species Program Leader in the event of
escapement or release of harmful or potentially harmful exotic species within
two hours of release.
(e)
Except as provided by the terms and conditions of the
exotic species interstate transport permit
[
Exotic Species Interstate
Transport Permit
], offloading or transfer of shipments of harmful or
potentially harmful exotic species in the state of Texas is prohibited.
§57.133.Exotic Species Interstate Transport Permit: Expiration and Renewal.
(a)
An exotic species interstate transport permit expires
[
Exotic Species Interstate Transport Permits expire
] as
stated on the permit.
(b)
A separate
exotic species interstate transport permit
[
Exotic Species Interstate Transport Permit
] must be issued
for each vehicle, trailer or other such transporting unit when transporting
live harmful or potentially harmful species through the state.
§57.134.Wastewater Discharge Authority.
(a)
An applicant for an initial exotic species permit must
provide the following:
(1)
written documentation demonstrating that the applicant
possesses the appropriate valid wastewater discharge authorization or has
received an exemption from the Texas Commission on Environmental Quality if
the
aquaculture facility, aquaculture complex,
[
fish farm,
fish farm complex
]or private facility is designed such that a discharge
of waste into or adjacent to water in the state will, or is likely to occur;
or
(2)
adequate documentation to demonstrate that the facility
is designed and will be operated in a manner such that no discharge of waste
into or adjacent to water in the state will, or is likely to occur.
(b)
An applicant for an amendment or a renewal of an exotic
species permit must provide the following:
(1)
written documentation demonstrating that the applicant
possesses or has timely applied for and is diligently pursuing the appropriate
wastewater discharge authorization or exemption from the Texas Commission
on Environmental Quality in accordance with 30 TAC Chapter 321, Subchapter
O, if the
aquaculture facility, aquaculture complex,
[
fish
farm, fish farm complex
] or private facility is designed such that a
discharge of waste into or adjacent to water in the state will, or is likely
to occur; or
(2)
adequate documentation to demonstrate that the facility
is designed and will be operated in a manner such that no discharge of waste
into or adjacent to water in the state will, or is likely to occur.
(c)
An exotic species permittee whose wastewater discharge
authorization or exemption is revoked, suspended or annulled by the Texas
Commission on Environmental Quality will be treated as an applicant for an
initial permit under subsection (a) of this section.
§57.136.Penalties.
The penalties for violation of this subchapter are prescribed by Parks
and Wildlife Code, §66.012
and Agriculture Code, §134.023
.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 7, 2006.
TRD-200603654
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 20, 2006
For further information, please call: (512) 389-4775