31 TAC §57.125
The Texas Parks and Wildlife Commission adopts an amendment
to §57.125, concerning Harmful and Potentially Harmful Fish, Shellfish,
and Aquatic Plants, without change to the proposed text as published in the
September 29, 2006, issue of the
Texas Register
(31
TexReg 8193).
Triploid grass carp are an effective method of aquatic plant control, but
by statute can only be used under a permit issued by the department (Texas
Parks and Wildlife Code, §66.007). Under current rules, there is a $15
fee for a triploid grass carp permit and an additional fee of $2 per fish.
The current rule also provides for the waiver of the $15 fee if the fish are
released in public water. The amendment waives the $2 per fish stocking fee
for triploid grass carp stocked in public waters. The intent of the department
is to facilitate increased efforts to control noxious vegetation in the public
freshwater of the state by waiving the stocking fee as well as the application
fee. The amendment also clarifies that the department issues permits for the
stocking of triploid grass carp in public as well as private waters.
The rule will function by eliminating the $2 per fish fee for triploid
grass carp released in public waters, and by clearly stating that grass carp
may be stocked in public waters.
The department received no comments opposing adoption of the proposed rule.
The department received one comment supporting adoption of the proposed
rule.
The amendment is adopted under Parks and Wildlife Code, §11.027,
which authorizes the commission to establish and provide for the collection
of a fee to cover costs associated with the review of an application for a
permit required by the Parks and Wildlife Code, and §66.007, which requires
the commission to promulgate rules governing the release of harmful or potentially
harmful fish, shellfish, or aquatic plants.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 9, 2007.
TRD-200700041
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: January 29, 2007
Proposal publication date: September 29, 2006
For further information, please call: (512) 389-4775