The proposed new rules affects Parks and Wildlife Code, Chapter 66, Subchapter A, §66.007. 

§57.111. Definitions. 

The following words and terms, when used in these rules, shall have the following meanings, unless the context clearly indicates otherwise. 

Aquaculture or fish farming–The business of producing and selling cultured species raised in private facilities. 

Cultured species–Aquatic plants or wildlife resources raised under conditions where at least a portion of their life cycle is controlled by an aquaculturist. 

Department–The Texas Parks and Wildlife Department or a designated employee of the department. 

Director–The executive director of the Texas Parks and Wildlife Department. 

Exotic species–A nonindigenous plant or wildlife resource not normally found in public water of this state. 

Fish farm–The property including all drainage ditches and private facilities from which cultured species are produced, held, propagated, transported, or sold. 

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. 

Fish farmer–Any person engaged in aquaculture or fish farming. 

Grass carp–The species Ctenopharyngodon idella. 

Harmful or potentially harmful exotic fish– 

(A) Lampreys Family: Petromyzontidae–all species ex-cept 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 Subfamily: Hydrocyninae–all species; 

(F) Piranhas and Priambebus Subfamily: Serrasalminae– all species; 

(G) Rhaphiodontid Characoids Subfamily: Rhaphiodontinae–all species of genera Hydrolycus and Rhaphiodon (synonymous with Cynodon); 

(H) Dourados 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 Luciocharax (synonymous with Boulengerella and Hydrocinus); 

(K) African Pike Characoids Families: Hepsetidae Ichthyboridae–all species; 

(L) Electric Eels Family: Electrophoridae– Electrophorus electricus; 

(M) Carps and Minnows Family: Cyprinidae–all species and hybrids of species of genera: 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 Vandelliinae–all species; 

(Q) Pike Killifish Family: Poeciliidae– Belonesox be-lizanus; 

(R) Marine Stonefishes Family: Synanceiidae–all species; 

(S) Tilapia Family: Cichlidae–all species of genus Tilapia (including Sarotherodon and Oreochromis); 

(T) Asian Pikeheads Family: Luciocephalidae–all species; 

(U) Snakeheads Family: Channidae–all species; 

(V) Walleyes Family: Percidae–all species of the genus Stizostedion except Stizostedion vitreum and S. canadense; 

(W) Nile Perch Family: Centropomidae–all species of genera Lates and Luciolates; 

(X) Drums Family: Sciaenidae–all species of genus Cynoscion except Cynoscion nebulosus, C. nothus, and C. arenarius; 

(Y) Whale Catfishes Family: Cetopsidae–all species; 

(Z) Ruff Family: Percidae–all species of genus Gymnocephalus; 

(AA) Air sac Catfishes Family: Heteropneustidae–all species of genus Heteropneustes. 

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; 

(D) Zebra Mussels Family: Dreissenidae–all species of genus Dreissena; 

(E) Penaeid Shrimp Family: Penaeidae–all species of genus Penaeus except P. setiferus, P. aztecus, and P. duorarum; 

(F) acific Oyster Family: Ostreidae– Crassostrea gigas. 

Harmful or potentially harmful exotic plants– 

(A) Giant Duckweed Family: Lemnaceae– Spirodela oligorhiza; 

(B) Salvinia Family: Salviniaceae–all species of genus Salvinia; 

(C) Waterhyacinth Family: Pontederiaceae– Eichhornia crassipes; 

(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; 

(J) Paperbark Family: Myrtaceae–Melaleuca quinquenervia; 

(K) Torpedograss Family: Gramineae–Panicum repens; 

(L) Water spinach Family: Convolvulaceae–Ipomoea aquatic. 

Harmful or potentially harmful exotic species exclusion zone–That area south of SH 21, 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. 

Nauplius or nauplii–A larval crustacean having no trunk segmentation and only three pairs of appendages. 

Operator–The person responsible for the overall operation of a wastewater treatment facility. 

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. 

Postlarva–A juvenile crustacean having acquired a full complement of functional appendages. 

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. 

Private facility effluent–Any and all water which has been used in aquaculture activities. 

Private pond–A pond, tank, lake, or other structure capable of holding cultured species in confinement wholly within or on private land. 

Public aquarium–An American Association of Zoological Parks and Aquariums accredited facility for the care and exhibition of aquatic plants and animals. 

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. 

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 other fish or shellfish. 

Triploid grass carp–A grass carp (Ctenopharyngodon idella) which has been certified by the United States Fish and Wildlife Service as having 72 chromosomes and as being functionally sterile. 

Wastewater treatment facility–All contiguous land and fixtures, structures or appurtenances used for treating wastewater pursuant to a valid permit issued by the Texas Natural Resource Conservation Commission. 

§57.112. General Rules. 

(a) Scientific reclassification or change in nomenclature of taxa at any level in taxonomic hierarchy will not, in and of itself, result in redefinition of a harmful or potentially harmful exotic species. 

(b) Except as provided in §57.113 of this title (relating to Exceptions), it is an offense for any person to release into public waters, import, sell, purchase, transport, propagate, or possess any species, hybrid of a species, subspecies, eggs, seeds, or any part of any species defined as a harmful or potentially harmful exotic fish, shellfish, or aquatic plant. 

(c) Violation of any provision of a permit issued under these rules is a violation of these rules. 

§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 without a permit, if the intestines of the fish or shellfish have been removed. 

(c) A fish farmer who holds a valid exotic species permit issued by the department may possess, propagate, transport, or sell triploid grass carp (Ctenopharyngodon idella), silver carp (Hypophthalmichthys molitrix), black carp (Mylopharyngodon piceus, also commonly known as snail carp), bighead carp (Aristichthys/Hypopthalmichthys nobilis), blue tilapia (Tilapia aurea), Mozambique tilapia (Tilapia mossambica), Nile tilapia (Tilapia nilotica), or hybrids between the three tilapia species as provided by conditions of the permit and these rules. 

(d) A fish farmer who holds a valid exotic species permit issued by the department may possess, propagate, transport, or sell Pacific white shrimp (Penaeus 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. 

(e) An operator of a wastewater treatment facility in possession of a valid exotic species permit issued by the department may possess and transport waterhyacinth (Eichornia crassipes) to their facility only for the purpose of wastewater treatment. 

(f) A person may possess Mozambique tilapia in a private pond subject to compliance with §57.116(d) of this title (relating to Exotic Species Transport Invoice). 

(g) 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. 

(h) A licensed retail or wholesale fish dealer is not required to have an exotic species permit to purchase or possess: 

(1) live individuals of species or hybrids of species listed in subsection (c) 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 intestines or head of the fish are removed; or 

(2) Live Pacific white shrimp (Penaeus vannamei) held in the place of business if the place of business is not located within the 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. 

(i) The department is authorized to stock planktivorous fish including silver carp (Hypophthalmichthys molitrix) and bighead carp (Aristichthys/Hypophthalmichthys nobilis) if necessary in Lake Rita Blanca, Hartley County, in order to investigate their utility as biological agents to improve water quality and enhance fishery management. 

(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. 

§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 nauplii of exotic shellfish from facilities outside the state must provide documentation to the department, prior to importation of such nauplii, that the producing facility from which the nauplii are to be received has been certified as being free of disease. 

(c) Any person in possession of nauplii of exotic shellfish for the purpose of production of postlarvae must provide to the department monthly certification that such postlarvae have been examined and certified to be free of disease. 

(d) Any shipment of exotic shellfish received by an Exotic Species permittee must be: 

(1) certified as being disease free; and 

(2) maintained under quarantine conditions until the Department acknowledges that the additional stock is free of disease. 

(e) Prior to removal of exotic shellfish from quarantine conditions, an Exotic Species Permit holder must have : 

(1) obtained certification that any new shipment of exotic shellfish imported from outside the state has been examined and found to be free of disease; 

(2) forwarded a copy of the disease free certification to the department; and 

(3) received acknowledgement from the department that the shellfish stock is free of disease. 

§57.115. Transportation of Live Exotic Species. 

(a) Transport of live harmful or potentially harmful exotic species is prohibited except by: 

(1) a licensed fish farmer in possession of a valid 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; 

(3) persons holding exotic species pursuant to limitations of §57.113(a) through (e). 

(b) A fish farmer transporting live triploid grass carp must have sales invoices which account, collectively, for all triploid grass carp being transported and a copy of the United States Fish and Wildlife Service certification declaring that the grass carp being transported have been certified as being triploid grass carp in addition to meeting requirements of Chapter 134 of the Agriculture Code. 

§57.116. Exotic Species Transport 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; Texas fish farmer’s 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 aquaculture coordinator. 

(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 (1) 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) The department shall charge a nonrefundable exotic species permit application fee as follows: 

(1) application for new, renewed, or amended exotic species permit which requires facility inspection–$250; 

(2) application for renewed or amended exotic species permit requiring no facility inspection–$25; 

(3) renewal applications received more than one year after the renewal date will require an additional inspection and cost $250. 

(b) To be considered for an Exotic Species Permit, the applicant shall: 

(1) meet one or more of the following criteria: 

(A) possess a valid Texas Fish Farmer’s License; 

(B) possess a valid permit from the Texas Natural Resource Conservation Commission authorizing operation of a waste-water 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; 

(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 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 fish farm; 

(D) all structures designed to prevent escapement of harmful or potentially harmful species from the 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 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.

(c) 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). 

(d) 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. 

(e) An applicant for an 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 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 only to: 

(1) a licensed Fish Farmer and only for species listed in §57.113(c)-(e) of this title (relating to Exceptions); 

(2) a wastewater treatment facility operator only for possession and use of waterhyacinth; 

(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 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 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 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 Permittee. 

(a) A copy of the 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 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 fish farming, research activities or public aquarium display involving harmful or potentially harmful exotic species or discontinues wastewater treatment utilizing waterhyacinth, 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 aquaculture coordinator 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 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 aquaculture coordinator; 

(2) immediately begin implementation of the department approved Emergency Plan. 

(f) Except in case of an emergency, a holder of an exotic species permit authorizing possession of Penaeus vannamei must notify the department at least 72 hours prior to, but not more than 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 fish farm. If the permittee’s private facility is located within 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 aquaculture coordinator 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 ef uent discharged from 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 aquaculture coordinator in the event of change of ownership of the fish farm named in that permittee’s exotic species permit. Notification must be made immediately. 

(m) Permits are not transferable from site to site or from person to person. 

§57.120. Exotic Species Permit: Expiration and Renewal. 

(a) Exotic Species Permits required by these rules expire on December 31 of the year issued. 

(b) The department may renew an 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 and quarterly reports to the department as required in §57.123(a) and (b). 

§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 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 poten-tially 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 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 Texas Parks and Wildlife Department and the Administrative Procedure and Texas Register Act. 

§57.123. Exotic Species Permit Reports. 

(a) The 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 holder who has imported, possessed, transported, transferred or sold triploid grass carp shall submit a quarterly report to the department on or before April 10, July 10, and October 10 of each year. This report shall be submitted on a form provided by the department and shall include: 

(1) a copy of each exotic species transport invoice issued during the past quarterly period; and 

(2) a copy of each triploid grass carp certification received by the permittee for triploid grass carp purchased during the past quarterly period. 

§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 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) 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 fish farmer’s license number (if applicable) of both shipper and receiver. 

§57.125. Triploid Grass Carp Permit; Application, Fee. 

(a) The department may issue a triploid grass carp permit to private individuals for stocking of triploid grass carp in private waters. 

(b) To be considered for a triploid grass carp permit, the applicant shall: 

(1) complete an initial triploid grass carp permit application on a form provided by the department; 

(2) submit this application to the department not less than 30 days prior to the proposed stocking date; and 

(3) remit to the department the sum of the cost of the triploid grass carp permit application fee and the triploid grass carp user fee. 

(c) The department shall charge a triploid grass carp permit application fee in the amount of the sum of a $15 application at fee plus $2.00 for each triploid grass carp requested on the triploid grass carp permit application form. In the case of permit denial, the triploid grass carp permit application at fee is not refundable. The $15 at fee will be waived in the case of applications to stock triploid grass carp in public water. 

(d) An applicant for a triploid grass carp permit or a permittee shall allow inspection of their facilities and ponds or lakes by authorized employees of the department during normal business hours. 

§57.126. Triploid Grass Carp Permit; Terms of Issuance. 

(a) The department may issue a triploid grass carp permit upon a finding that: 

(1) applicant has completed and submitted to the department a triploid grass carp permit application; 

(2) applicant has remitted to the department all pertinent fees; 

(3) all information provided in the triploid grass carp permit application is true and correct; 

(4) applicant has not been finally convicted, within the last year, for violation of the Parks and Wildlife Code, §66.007, §66.015, or these rules; 

(5) issuance of a triploid grass carp permit is consistent with department fisheries or wildlife management activities; 

(6) issuance of a triploid grass carp permit is consistent with the Parks and Wildlife Commission’s environmental policy; 

(7) issuance of a triploid grass carp permit and subsequent stocking does not conflict with specific management objectives of the department; and 

(8) issuance of a triploid grass carp permit and subsequent stocking will not detrimentally affect threatened or endangered species populations, or their habitat; and 

(9) issuance of a triploid grass carp permit and subsequent stocking will not detrimentally affect coastal wetland and estuarine ecosystems. 

(b) A permittee shall allow, upon request, the take of a reasonable number of grass carp from the permittee’s body of water by department personnel for determination of triploid status. 

(c) In determining the number of triploid grass carp authorized for possession under a triploid grass carp permit the department shall consider the surface area of the pond or lake named in the permit application, and as appropriate, the percentage of the surface area infested by aquatic vegetation. 

§57.127. Triploid Grass Carp Permit; Denial. 

The department may deny a triploid grass carp permit upon a finding that the applicant fails to satisfy any of the required criteria for issuance of a permit listed in §57.124 of this title (relating to Triploid Grass Carp; Sale, Purchase). 

§57.128. Exotic Species Permits, Triploid Grass Carp Permits; Revocation. 

The department may revoke an exotic species permit or a triploid grass carp permit upon a finding that the permittee has violated any provision in these rules or rules promulgated under the Parks and Wildlife Code, §66.015, or any conditions of the permit during the valid permit period. 

§57.129. Exotic Species Permit: Private Facility Criteria. 

(a) The 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) 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 fish farm where harmful or potentially harmful exotic fish or shellfish are intended to be in water on the fish farm and the point where private facility effluent first leaves the 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, 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) Fish farms which are to contain species or hybrids of species listed in §57.113(c)-(e) of this title (relating to Exceptions) and wastewater treatment facilities containing waterhyacinth which are within the 100-year ood 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) 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 fish farm. 

(e) 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 fish farms that are part of 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 fish farm enters the common drainage and each point where an adjacent 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 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. 

(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 application fee of either: 

(1) $25 for individual permits; or 

(2) $100 for an annual permit. 

(b) To apply for an Exotic Species Interstate Transport Permit an applicant shall: 

(1) complete and submit an Exotic Species Interstate Transport Permit application on a form provided by the department; 

(2) remit to the department aquaculture coordinator all applicable fees. 

(c) An applicant for an 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 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 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 aquaculture coordinator 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 must notify the department’s aquaculture coordinator 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, 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) Exotic Species Interstate Transport Permits expire as stated on the permit. 

(b) A separate 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. Penalties. 

The penalties for violation of this subchapter are prescribed by Parks and Wildlife Code, §66.012. 

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. 

Issued in Austin, Texas on September 5, 1996. 

TRD-9612961 

William D. Harvey, Ph.D. 

Regulatory Coordinator 

Texas Parks and Wildlife Department 

Earliest possible date of adoption: October 18, 1996 

For further information, please call: 1 (800) 792–1112 or (512) 389– 4642

Subchapter D. Grazing Leases, Sale of Products and Remo

The Texas Parks and Wildlife Department proposes repeal of §65.701, concerning Expiration Provisions. All sections of 31 TAC Chapter 65, Wildlife, will have been acted upon prior to the expiration date of December 31, 1996 set by the Parks and Wildlife Commission. These actions render this section redundant.

Dr. Bill Harvey, Regulatory Coordinator, has determined that for each of the first five years the repeal of rules as proposed is in effect, there will be no fiscal implications for state or local governments.

Dr. Harvey also has determined that for each of the first five years the repeal of rules as proposed is in effect the public benefit anticipated as a result of the repeal as proposed will be removal of redundant sections of the Texas Administrative Code.

There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the repeal of rules as proposed. 

The department has not filed a local impact statement with the Texas Employment Commission as required by the Administrative Procedure Act, Government Code §2001.022, as this agency has determined that the repealed rules as proposed will not impact local economies. 

Comments on the proposed repeal of rules may be submitted to Dr. Bill Harvey, Executive Office, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4642 or 1 (800) 792-1112, Ext. 4642. 

The repeal is proposed under authority of Government Code, §§2001.021-2001.052. 

The proposed repeal of rules affects Government Code, §§2001.021-2001.52. 

§65.701. Expiration Provision. 

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. 

Issued in Austin, Texas on September 5, 1996. 

TRD-9612960 

William D. Harvey, Ph.D. 

Regulatory Coordinator 

Texas Parks and Wildlife Department 

Earliest possible date of adoption: October 18, 1996 

For further information, please call: 1 (800) 792–1112 or (512) 389– 4642

The Texas Parks and Wildlife Department proposes the repeal of existing §§65.801, 65.802, and 65.804-65.807, and new §65.801, concerning wildlife management association area hunting lease license. 

The repeals and new section are necessary to eliminate regulations that duplicate statutory provisions and to provide the minimum amount of regulatory language necessary to carry out the intent of Parks and Wildlife Code, Chapter 81, Subchapter D. The repeals and new section will function by establishing definitions necessary to implement the provisions of Parks and Wildlife Code, Chapter 81, Subchapter D and consistent with the rulemaking authority granted by that chapter. 

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the repeals and new section as proposed are in effect, there will be no additional fiscal implications to state or local governments as a result of enforcing or administering the repeals and new section. 

Mr. Macdonald also has determined that for each of the first five years the repeals and new section as proposed are in effect the public benefit anticipated as a result of enforcing the repeals and new section as proposed will be the elimination of unnecessary regulatory language. 

There are no anticipated economic costs to persons required to comply with the repeals and new section as proposed. 

The department has not filed a local impact statement with the Texas Employment Commission as required by the Administrative Procedure Act, Government Code, §2001.022, as this agency has determined that the repeals and new section as proposed will not impact local economies.

The department has determined that there will not be a taking of private property, as defined in Government Code, Chapter 2007, as a result of the proposed repeals and new section. 

The repeal and new sections are proposed under Parks and Wildlife Code, Chapter 81, Subchapter D, which provides the Commission with the authority to establish regulations necessary to implement that subchapter. The repeals and new section affect Parks and Wildlife Code, Chapter 81, Subchapter D.

§65.801. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, except where the context clearly indicates otherwise. 

Boundary-A road, transmission line, natural feature, landmark, or any combination thereof, that serves to delineate the dimensions of a wildlife management association area. 

Proximate-Within one-half mile of a wildlife management association area boundary. 

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. 

Issued in Austin, Texas on September 5, 1996. 

TRD-9612963

William D. Harvey, Ph.D. 

Regulatory Coordinator 

Texas Parks and Wildlife Department 

Earliest possible date of adoption: October 18, 1996 

For further information, please call: 1 (800) 792–1112 or (512) 389– 4642

Endangered, Threatened, and Protected Native Plants

§69.2. Scientific Plant Permit. 

(a) Only the individuals named on a scientific plant permit are authorized to conduct the activities authorized by a permit issued under this chapter. 

(b) Qualifications. A scientific plant permit shall be issued only to a person who provides evidence to the department’s satisfaction that: 

(1) there exists a legitimate scientific need to conduct research and that the information obtained will benefit the department in the management of the target species; 

(2) the research would not substantially or unnecessarily duplicate existing research conducted under other permits issued under this subchapter; 

(3) the applicant possesses or has access to facilities to properly care for the permitted plants; 

(4) the applicant possesses a degree or certification in a botanical or horticultural discipline or possesses letters of recommendation from two acknowledged authorities in a botanical or horticultural discipline, and; 

(5) the proposed research follows generally accepted principles of experimental design. 

(c) Application requirements. 

Prior to permit issuance, an applicant for a scientific plant permit shall submit to the department: 

(1) a completed application on a form supplied by the department; 

(2) a letter of recommendation from each of two people in the field of botany or horticulture attesting to the professional status or competence that qualifies the applicant to conduct the proposed research; 

(3) a letter of permission from an agency or entity to take plants on lands under the jurisdiction of the agency or entity; and 

(4) the name of each person assisting in the collecting and transporting of endangered, threatened, or protected plants. 

(d) Special provisions. 

(1) A permit may be amended at any time during the permit year to reflect changes in the propagation, educational, or scientific studies of the permittee, provided the amendment satisfies the criteria set forth in subsection (b) of this section. 

(2) While conducting any permit activities on public lands, each person named on a permit shall carry copies of the permit and the letter of permission required by subsection (b) (3) of this section, and shall produce such documents upon demand by a game warden. 

(3) Specimens collected under a scientific plant permit may not be sold or bartered. 

(4) Persons engaged in the selling or holding for sale of native plants designated as endangered, threatened or protected are prohibited from holding a scientific plant permit. 

§69.3. Reporting Requirements. 

By the date specified on the permit, a permittee shall complete and submit an annual report on a form provided by the department. A copy of any final report and/or publication relating to the permitted activities shall also be submitted to the department. 

§69.4. Renewal. 

The department may require information in addition to that required by paragraphs (1)-(4) of this section. Scientific plant permits shall be renewed, provided: 

(1) the permittee has submitted the annual report by the date specified on the permit; 

(2) the permittee has complied with all permit provisions; 

(3) the permittee has demonstrated reasonable progress toward the completion of research activities authorized by the permit; and 

(4) the permittee has not been convicted of a violation of Parks and Wildlife Code. 

§69.5. Commercial Plant Permit. 

A commercial plant permit authorizes the take, possession, and/or transport of protected, threatened, and endangered native plants from private lands. A person applying for a Commercial Plant Permit shall submit an application on a form provided by the department. 

§69.6. Permit and Tag Fees. 

The fee for the issuance of a Commercial Plant Permit is $50. 

§69.7. Period of Validity. 

All permits issued under this subchapter expire one year from the date of issuance unless suspended or revoked by the executive director. 

§69.8. Endangered and Threatened Plants. 

(a) The following plants are endangered: 

Figure 1: 31 TAC §69.8(a) 

(b) The following plants are threatened: 

Figure 2: 31 TAC §69.8(b) 

§69.9. Penalties. 

The penalties for a violation of any provision of this subchapter are prescribed in Texas Parks and Wildlife Code, §88.011. 

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. 

Issued in Austin, Texas on September 6, 1996. 

TRD-9613081 

William D. Harvey, Ph.D. 

Regulatory Coordinator 

Texas Parks and Wildlife Department 

Proposed date of adoption: November 7, 1996 

For further information, please call: 1 (800) 792–1112 or (512) 389– 4642