Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS Part I. Texas Board of Architectural Examiners Chapter 3. Landscape Architects Subchapter A. Scope; Definitions 22 TAC sec.sec.3.5, 3.9, 3.16 The Texas Board of Architectural Examiners adopts amendments to sec.sec.3.5, 3. 9, and 3.16, concerning scope; definitions without changes to the proposed text as published in the December 10, 1991, issue of the Texas Register (16 TexReg 7073). The amendments are necessary to provide language in the rules that is consistent with recent legislation. The amendments will function to provide consistency between the rules and Texas Civil Statutes, Article 249c. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 249c, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 9, 1992. TRD-9203498 Robert H. Norris Executive Director Texas Board of Architectural Examiners Effective date: March 31, 1992 Proposal publication date: December 10, 1991 For further information, please call: (512) 458-1363 Subchapter B. Registration 22 TAC sec.sec.3.22, 3.25, 3.28 The Texas Board of Architectural Examiners adopts amendments to sec.sec.3.22, 3. 25, and 3.28, concerning registration, without changes to the proposed text as published in the December 10, 1991, issue of the Texas Register (16 TexReg 7074). The amendments are necessary to provide eligibility requirements and deadline dates for applicants applying for landscape architectural registration. The amendments will provide applicants with notice of actions which may affect their eligibility as candidates for registration. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 249c, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 9, 1992. TRD-9203499 Robert H. Norris Executive Director Texas Board of Architectural Examiners Effective date: March 31, 1992 Proposal publication date: December 10, 1991 For further information, please call: (512) 458-1363 Subchapter C. Written Examinations 22 TAC sec.sec.3.43, 3.46, 3.48 The Texas Board of Architectural Examiners adopts amendments to sec.sec.3.43, 3. 46, and 3.48, concerning written examinations, without changes to the proposed text as published in the December 10, 1991, issue of the Texas Register (16 TexReg 7074). The amendments are necessary to provide candidates an opportunity to review their performance on the graphic sections of the examination and change the name of the registration examination. The amendments will change the name of the registration examination and provides a procedure for candidates to obtain copies of their graphic examination solutions. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 249c, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 9, 1992. TRD-9203500 Robert H. Norris Executive Director Texas Board of Architectural Examiners Effective date: March 31, 1992 Proposal publication date: December 10, 1991 For further information, please call: (512) 458-1363 Subchapter D. Certification and Registration 22 TAC sec.3.67, sec.3.69 The Texas Board of Architectural Examiners adopts amendments to sec.3.67, and sec.3.69, concerning certification and registration, without changes to the proposed text as published in the December 10, 1991, issue of the Texas Register (16 TexReg 7074). The amendments are necessary to clarify the board's intent to require of registrants a written change of mailing address and to exercise its statutory authority for the requirements for reinstatement of license. The amendments will provide current and former registrants with notice of reinstatement requirements and procedures. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 249c, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 9, 1992. TRD-9203501 Robert H. Norris Executive Director Texas Board of Architectural Examiners Effective date: March 31, 1992 Proposal publication date: December 10, 1991 For further information, please call: (512) 458-1363 22 TAC sec.3.70 The Texas Board of Architectural Examiners adopts new sec.3.70, concerning certification and registration, without changes to the proposed text as published in the December 10, 1991, issue of the Texas Register (16 TexReg 7075). The new section will bring the board's rules into compliance with the Texas Education Code. The new section will function to provide notice to registrants of action which may affect their renewal of registration. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 249c, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 9, 1992. TRD-9203502 Robert H. Norris Executive Director Texas Board of Architectural Examiners Effective date: March 31, 1992 Proposal publication date: December 10, 1991 For further information, please call: (512) 458-1363 Subchapter E. Fees. 22 TAC sec.sec.3.81, 3.82, 3.84, 3.85, 3.86, 3.88 The Texas Board of Architectural Examiners adopts amendments to sec.sec.3.81, 3. 82, 3.84, 3.85, 3.86, and 3.88, concerning fees, without changes to the proposed text as published in the December 10, 1991, issue of the Texas Register (16 TexReg 7075). The amendments increase the fees the agency must charge in compliance with Senate Bill 429. The amendments will function to inform the persons affected of the increased fees and create increased revenue to the state and other fees will provide full cost recovery without burdening the taxpayers. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 249c, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 9, 1992. TRD-9203503 Robert H. Norris Executive Director Texas Board of Architectural Examiners Effective date: March 31, 1992 Proposal publication date: December 10, 1991 For further information, please call: (512) 458-1363 Subchapter H. Rules of Conduct 22 TAC sec.3.143 The Texas Board of Architectural Examiners adopts an amendment to sec.3.143, concerning rules of conduct, without changes to the proposed text as published in the December 10, 1991, issue of the Texas Register (16 TexReg 7079). The amendment is necessary to clarify the board's authority concerning the discipline of a registrant. The amendment will function to provide a degree of discipline more appropriate to the seriousness of a violation of law or rules. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 249c, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 9, 1992. TRD-9203504 Robert H. Norris Executive Director Texas Board of Architectural Examiners Effective date: March 31, 1992 Proposal publication date: December 10, 1991 For further information, please call: (512) 458-1363 Subchapter I. Charges Against Landscape Architects; Action 22 TAC sec.3.158, sec.3.169 The Texas Board of Architectural Examiners adopts amendments to sec.3.158, and sec.3.169, concerning changes against landscape architects; action, without changes to the proposed text as published in the December 10, 1991, issue of the Texas Register (16 TexReg 7079). The amendments are necessary to clarify to the persons affected by these rules the board's authority concerning disciplinary actions. The rules will function to provide increased protection of the public by additional disciplines should a registrant be found guilty of alleged violations of laws or rules. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 249c, which provide the Texas Board of Architectural Examiners with the authority to promulgate rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 9, 1992. TRD-9203505 Robert H. Norris Executive Director Texas Board of Architectural Examiners Effective date: March 31, 1992 Proposal publication date: December 10, 1991 For further information, please call: (512) 458-1363 Part VI. State Board of Registration for Professional Engineers Chapter 131. Practice and Procedure Application for Registration 22 TAC sec.131.55 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.55, concerning application for registration, without changes to the proposed text as published in the February 7, 1992, issue of the Texas Register (17 TexReg 1001). The amendment was necessary to clarify the application for registration procedures. The section stipulates that an application for registration is not considered initiated until the application has been accepted in the board office. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 9, 1992. TRD-9203506 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: March 31, 1992 Proposal publication date: February 7, 1992 For further information, please call: (512) 440-7723 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 143. Dispute Resolution-Review by the Appeals Panel 28 TAC sec.143.4 The Texas Workers' Compensation Commission adopts an amendment to sec.143.4, concerning procedures for responding to a request for review by the appeals panel, with changes to the proposed text as published in the September 27, 1991, issue of the Texas Register (16 TexReg 5317). The amendment is necessary to clarify the presumption of timely filing or service of written response to an appeal filed with the appeals panel. The section is changed by adding language in subsection (c)(1) to clarify that the time runs from the date of receipt. In paragraph (2) the language is changed to go from a "date of mailing" to a "date of receipt" concept and allows a five day grace period for determining the presumptive date of mailing of the response. Comment filed by the Alliance of American Insurers objected to the requirements to mail rather than send a telephonic facsimile but supported the five day presumption. The commissioners disagree with the objection and believe that mailing is and should be a requirement so the standards of the appeal panel will closely match the procedural requirements of the courts. This section creates a rebuttable presumption that timely filing or service occurred if the Commission received the document within a specific time. The amendment is adopted under Texas Civil Statutes, Article 8308-2.09(a) which authorizes the commission to adopt rules necessary to implement and enforce the Texas Workers' Compensation Act. sec.143.4. Responding to a Request for Review by the Appeals Panel. (a) The other party shall respond to the appellant's request. The response shall: (1) be in writing; (2) clearly and concisely support each issue in the hearing officer's decision that the appellant has rebutted in the request, and state why the appellant's relief should not be granted; (3) be filed with the commission's central office in Austin not later than the 15th day after the request was received by the respondent; and (4) be served on the appellant on the same day filed with the commission. (b) The response shall contain a statement certifying that a copy has been served on the appellant. A certificate in substantially the following form shall be used: [graphic] (c) A response made under this section shall be presumed to be timely filed or timely served if it is: (1) mailed on or before the 15th day after the date receipt of the appellant's request, as provided in subsection (a) of this section; and (2) received by the commission or other party not later than the 20th [5th] day after the date of receipt of the appellant's request [mailing]. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 10, 1992. TRD-9203518 Ernest Boardman Acting General Counsel Texas Workers' Compensation Commission Effective date: March 31, 1992 Proposal publication date: September 27, 1991 For further information, please call: (512) 440-3972 TITLE 31. NATURAL RESOURCE AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 57. Fisheries Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants 31 TAC sec.sec.57.111-57.130 The Parks and Wildlife Commission in a regularly scheduled public hearing held January 23, 1992, adopted new sec.sec.57.111-57.130, concerning harmful or potentially harmful exotic fish, shellfish, and aquatic plants rules, with changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7444). These new rules replace sec.sec.57.111-57. 121, which were repealed at the January 23 public hearing. Changes to the rules proposed in the Texas Register are: modification of sec.57.113(h) and a new sec.57.113(1) which allow transportation of 30 or less triploid grass carp by a person in possession of a valid triploid grass carp permit; modification of sec.57.115(a) which allows possession of triploid grass carp by persons in possession of a valid triploid grass carp permit; modification of sec.57.115(b) which now requires persons transporting triploid grass carp to be in possession of an exotic species transport invoice or valid triploid grass carp permit; modification of sec.57.115(c) which now requires a fish farmer transporting triploid grass carp to have in possession invoices which account for all triploid grass carp being transported; modification of sec.57.118(b)(3), sec.57.120(b)(3), and sec.57.121(a)(1) which allow the executive director discretion in issuance of new permits, and renewal or amendment of existing permits issued under these rules. Overabundant aquatic vegetation is a serious problem in small ponds over a large part of the state. Infestations have reached levels which prevent use of these waters by recreational fishermen. Under the repealed rules the only practical options available to landowners for control of aquatic vegetation were use of herbicides or illegal diploid grass carp. Because herbicide treatment is extremely expensive, the unlawful importation and introduction of grass carp was occurring. Neither of these options was beneficial to management of public waters. Herbicides or their by-products, and illegal grass carp, eventually found their way into public water. Both have the potential to cause long-term damage to aquatic environments. The new rules, as adopted, establish the criteria for possession, sale, and transportation of sterile triploid grass carp. The sale of triploid grass carp is limited to licensed Texas fish farmers in possession of an exotic species permit and triploid grass carp can be sold only to persons in possession of a triploid grass carp permit issued by the department. The new rules, as adopted, allow transportation of 30 or less triploid grass carp by a person in possession of, and named in, a valid triploid grass carp permit. The new rules also require that a Texas fish farmer transporting triploid grass carp must have in possession invoices of sale which account for all grass carp being transported. The accidental release of large numbers of exotic shrimp into the Arroyo Colorado in November, 1991 resulted in a substantial review of existing regulations concerning requirements for fish farms holding exotic shrimp and other exotic species. The adopted new rules substantially improve the facility design, maintenance, and operational criteria necessary for procurement of an exotic species permit. The proposed regulations were liberalized to allow for the issuance, renewal, or amendment of an exotic species permit, if among other prescribed findings, the department finds that the applicant has substantially complied with applicable provisions of the Parks and Wildlife Code, sec.66.007 and sec.66.015, the adopted rules and any department permit, during the one-year period preceding the date of application. The repealed rules made no allowance for issuance of an exotic species permit to a person who had violated these provisions, regardless of the level or significance of the violation. The rules as adopted have as their factual basis scientific studies and investigations which have been used to evaluate and determine: the efficiency and safety of triploid grass carp as a means of aquatic vegetation control; the status of Crassostrea gigas as a harmful or potentially harmful exotic shellfish; and the status of exotic shellfish of the genus Penaeus as harmful or potentially harmful exotic shellfish. The Texas Employment Commission indicated in reply to department correspondence that while the adoption of these rules would have little benefit on local governments, fiscal implications to state government would be positive. The adopted rules will permit this department to collect fees to cover administrative costs of the programs established in these rules and will allow the department to expand its habitat enhancement programs. The anticipated benefits for small businesses will also be positive. Small businesses within the boundaries of Texas will benefit from the sale of triploid grass carp for stocking into private waters. The potential of the grass carp as a biological control agent for nuisance aquatic vegetation has led researchers and aquaculturists to search for ways to decrease the reproductive capability of the fish. Results with genetically altered grass carp, specifically induction of triploidy, have been excellent in decreasing the threat of grass carp reproduction while providing a means of biologic control of grass carp. The new rules implement a system whereby Texas fish farmers can transport and sell triploid grass carp to landowners in need of biologic control of vegetation. The new rules substantially enhance the measures needed to protect native stocks of fish and shellfish. The new rules concerning facility requirements should reduce the chance of escape of exotic species and subsequent biologic contamination of the states aquatic ecosystems. The rules relating to triploid grass carp will: legalize the introduction of certified triploid grass carp in private waters; specify permit requirements and criteria; list criteria for permit denial, which include potential harm to habitat of threatened or endangered species; specify that grass carp imported into Texas must be certified as triploids by the United States Fish and Wildlife Service or the department; specify that only holders of exotic species permits may import certified triploid grass carp into the state; set reporting requirements for sale and possession of triploid grass carp; set a nonrefundable permit fee of $15 per application plus $2.00 per individual grass carp requested; and define penalties for violations of this subchapter. The rules relating to harmful or potentially harmful exotic shellfish will: Restrict the use of exotic shrimp to one species, Penaeus vannamei; prohibit possession, sale or culture of the oyster species, Crassostrea gigas; set new fish farm facility design, construction, and operational requirements; require reporting of any escape of exotic species; set the exotic species permit fee at $250 for facilities which require inspections; set the exotic species permit fee at $25 for facilities which require no inspection; require reporting of impending harvest of exotic shellfish; require detailed schematics or plats of fish farms which are to hold exotic species; and require notification of the department in the event of substantive changes in facility operation. Comments concerning the proposed rules included (1) Several groups were in general opposition to the proposed legalization of triploid grass carp; (2) the Galveston Bay Foundation opposed legalization of triploid grass carp as a result of habitat degradation in Galveston Bay which the foundation attributes to grass carp activity; (3) several groups were in favor of triploid grass carp legalization, but were opposed to the $2.00 per fish application fee; (4) suggestions related to areas of improvement in the rules to include evaluation of chemicals used for disease control; (5) recommendation by the Texas Shrimp Association that rules include a moratorium on issuing any new permits for the construction of aquaculture facilities in the coastal area; (6) recommendation by the Texas Shrimp Association that water quality of the effluent be routinely checked; (7) recommendation that the Texas Water Commission be brought into the process to evaluate the effluent quality from the shrimp farms; (8) concern that there is no acceptable biocide for use on shrimp; (9) concern for the impact of diseased shrimp on native stocks of fish that may ingest them; (10) concern that a monthly hatchery inspection would be a problem; (11) concern that the 72-hour notice requirement prior to harvesting exotic shrimp would jeopardize the harvest; (12) concern over the existing rule that the intestines of the fish or shellfish must be removed in order for a person without an exotic species permit to possess them; (13) concern for the feasibility of inspecting exotic shrimp nauplii (larvae) for disease; (14) concern for the length of time which the exotic shrimp may be required to remain in quarantine if a disease free certificate is required; (15) statements that there are no indications that exotics have harmed the native shrimp stock; (16) concern that the Republic of Mexico or other foreign countries are not adhering to the same conservative regulations as those proposed and therefore shrimp aquaculture would be forced to move into these countries; and (17) the shrimp aquaculture industry needs exotic shrimp for their operations. Those groups or associations who made comments for the rules as proposed included: Lower Rio Grande Valley Water District Manager's Association, Koon Kreek Klub, Ferndale Club, City of Indian Lakes Homeowner's Association, Camp Creek Homeowner's Association. Those groups or associations who made comments for the rules as proposed with modification: Texas Aquaculture Association, Hung Shrimp Farm, Texas Shrimp Association. Those groups or associations who made comments against the rules as proposed included: Galveston Bay Foundation, Rio Grande Group, Lone Star Chapter of the Sierra Club. The Texas Parks and Wildlife Commission disagreed with several comments received because the comments were judged to be incompatible with wildlife resource management. The commission must make findings of fact based upon the department's scientific surveys and investigations. Using the same numbering system as in the summary of comments the agency disagrees with the comments as follows. (1) Failure to legalize triploid sterile grass carp was judged to be more dangerous to aquatic systems than legalization. Continued illegal traffic in diploid grass carp is judged to be incompatible with Wildlife Resource Management. (2) Regarding the possible negative impacts on estuarine environments, the agency felt that the greatest threat was from uncontrolled numbers of reproducing diploid grass carp. The proposed rules allow use of only sterile triploids and reduces the need for illegally imported diploids. (3) Regarding the $2.00 per fish application fee, the agency felt that the charge was necessary to assure that the cost of administering the programs is borne by those benefitting. (4) All chemicals used in legal aquaculture production activities are required to be registered and thoroughly tested to protect against negative impacts. (5) The moratorium against construction of aquaculture facilities in the coastal area as recommended in comment (5) is not within the authority of the commission. (6) and (7) The Texas Water Commission is the responsible state agency on water quality and issues related to this responsibility as addressed in comment (6) and (7) should be addressed to that agency; in relation to comment number (8) there are acceptable biocides for use in aquaculture, but at this time, it is correct that there is no approved biocide for shrimp, however, the department is working with the Texas Department of Agriculture to identify an acceptable biocide for shrimp. (9) There are no known data indicating that the disease organisms in exotic shrimp are transferable to finfish found along the Texas coast as proposed in comment (9). The monthly hatchery inspection identified in comment (10) is a requirement that will allow the facility to maintain its certification of "disease free" and thereby avoid the additional requirement of certification when the postlarvae are sold or transferred to ponds. Concern expressed in comment (11) on the 72- hour notice prior to harvest is meant to allow the department the opportunity to monitor the harvesting process if it chooses to do so but does not require a department official to be present. In this measure, provisions are made for emergencies wherein the notification period can not be met. The requirement to remove the intestine of a harmful or potentially harmful exotic fish or shellfish for legal possession by a nonpermitted individual as identified in comment (12) allows for a clear determination that the exotic species is dead. Failure to require this rule could require a judgement call by department personnel for its enforceability. Comment (13) challenging the feasibility of inspecting nauplii is based on an apparent misunderstanding of sec.57.114(b) in that the nauplii are not required to be certified, but rather the facility from which the nauplii are received must have been certified as being free of disease. Comment (14) concerning the length of time for the quarantine serves as a protection for the aquaculturist in that should diseased shrimp be stocked in a pond, the pond would have to be sanitized. The adopted quarantine procedures have been the recommended mode of operation in order to prevent the potential infection of other facilities or production stock. The notification of an accepted disease certification by the department is generally done telephonically so any time delay is not due to department administrative time requirements. A limitation on the quarantine time would only result in the potential to infect the pond as well as the natural stock. The comment listed as number (15) asserts that there is no indication of harm caused by exotic shrimp. The statutes allow for permitting and regulations to be imposed on harmful or potentially harmful exotic species. It has been determined through the best scientific information available that exotic shrimp pose potential harm to the natural stock and on this basis these new rules are proposed. The suggestion made in comment (16) that other countries are not taking a conservative approach to introduction of exotic species does not limit the actions that can be taken by the commission in protecting natural resources. It is understood that at the current time exotic shrimp are needed for the shrimp aquaculture industry as expressed in comment (17). It is on this understanding that permitting of Penaeus vannamei continues to be allowed. The new sections are adopted under the Parks and Wildlife Code, sec.66.007 and sec.66.015 or Agriculture Code 134.020, which authorizes the department to regulate harmful or potentially harmful exotic fish, shellfish, and aquatic plants. sec.57.111. Definitions. The following words and terms, when used in this undesignated head, shall have the following meanings, unless the context clearly indicate otherwise. Aquaculture or fish farming-The business of producing and selling cultured species raised in private facilities. Cultured species -Aquatic plants or animals 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 animal 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, 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) Lamprey 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 Subfamily: Hydrocyninae-all species; (F) Piranhas and Priambebus Subfamily: Serrasalminae -all species; (G) Rhaphiodontid Characoids Subfamily: Rhaphiodontinae -all species of genera Hydrolycus and Rhaphiodohn (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) Knifefishes Family: Gymnotidae-Gymnotus carapo; (M) Electric Eels Family: Electrophoridae-Electrophorus electricus; (N) 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); (O) Walking Catfishes Family: Clariidae-all species; (P) Electric Catfishes Family: Malapteruridae-all species; (Q) South American Parasitic Candiru Catfishes Subfamilies: Stegophilinae vandelliinae-all species; (R) Pike Killifish Family: Poeciliidae-Belonesox belizanus; (S) Marine Stonefishes Family: Synanceiidae-all species; (T) South American Pike Cichlids Family: Cichlidae -all species of genera Crenicichla and Batrachops; (U) Tilapia Family: Cichlidae-all species of genus Tilapia (including Sarotherodon and Oreochromis); (V) Asian Pikeheads Family: Luciocephalidae-all species; (W) Snakeheads Family: Channidae-all species; (X) Walleyes Family: Percidae-all species of the genus Stizostedion except Stizostedion vitreum and S. canadense; (Y) Nile Perch Family: Centropomidae-all species of genera Lates and Luciolates; (Z) Drums Family: Sciaenidae-all species of genus Cynoscion except Cynoscion nebulosus, C. nothus, and C. arenarius; (AA) Whale Catfishes Family: Cetopsidae-all species; (BB) Ruff Family: Percidae-all species of genus Gymnocephalus; (CC) 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 the genus Eriocheir; (C) Asian Clams Family: Corbiculidae-all species of genus Corbicula; (D) Giant Ram's-horn Snails Family: Piliidae (synonymous with Ampullariidae)-all species of genus Marisa; (E) Zebra Mussels Family: Dreissenidae-all species of genus Dreissena; (F) Penaeid Shrimp Family: Penaeidae-all species of genus Penaeus except P. setiferus P. aztecus and P. duorarum; (G) Pacific 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) Egeria Family: Hydrocharitaceae-Egeria densa; (G) Lagarosiphon Family: Hydrocharitaceae-Lagarosiphon major; (H) Eurasian Watermilfoil Family: Haloragaceae-Myriophyllum spicatum; (I) Alligatorweed Family: Amaranthaceae-Alternanthera philoxeroides; (J) Rooted Waterhyacinth Family: Pontederiaceae-Eichhornia azurea; (K) Paperbark Family: Myrtaceae-Melaleuca quinquenervia; (L) Torpedograss Family: Gramineae-Panicum repens; (M) Water spinach Family: Convolvulaceae-Ipomoea aquatica. 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. Postlarvae-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 fish species in confinement wholly within or on private land. 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 nauplii, postlarvae, or adults of exotic shellfish such that neither the shellfish nor the water in which they are 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 Water Commission. sec.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 sec.57.113 of this title (relating to Exceptions), it is an offense for any person to release into public waters, import, sell, purchase, propagate or possess any species, hybrid of a species, subspecies, eggs, seeds, or any part of any species defined as 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. sec.57.113. Exceptions. (a) A person who holds a valid scientific or zoological permit issued by the department may possess the exotic harmful or potentially harmful fish, shellfish, and aquatic plants as authorized in the permit. (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 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), or hybrids between the two 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 Penaeus vannamei provided the exotic shellfish meet disease free certification requirements listed in sec.57.114 of this title (relating to Health Certification of Exotic Shellfish) and as provided by conditions of the permit and these rules. (e) A fish farmer who holds a valid exotic species permit issued by the department may possess, transport, or sell triploid grass carp (Ctenopharyngodon idella) as provided by conditions of the permit and these rules. (f) A wastewater treatment facility that holds a valid exotic species permit issued by the department may possess waterhyacinth (Eichornia crassipes) only for the purpose of wastewater treatment. (g) A person may possess Mozambique tilapia in a private pond subject to compliance with sec.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 live individuals of species or hybrids of species listed in subsection (c) of this section held in the place of business as defined in the Parks and Wildlife Code, sec.47.001(9), 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. (j) A person may possess species listed in subsections (c) and (d) of this section delivered as authorized in subsection (i) of this section only if such fish or shellfish are dead, packaged on ice or frozen. (k) A person may possess the hybrid grass carp (Ctenopharyngodon idella x Aristichthys/Hypophthalmichthys nobilis) if that person has documented evidence of possession prior to January 25, 1990, has provided such evidence to the department by May 1, 1990, and possesses acknowledgment of such evidence from the department by June 1, 1990. A person in possession of hybrid grass carp on January 25, 1990, shall not replace or supplement hybrid grass carp. This subsection shall be in effect only until January 1, 1995. (1) A person in possession of, and named in, a valid triploid grass carp permit may transport 30 or less triploid grass carp from the point of purchase from a fish farmer in possession of a valid exotic species permit to the final destination named in the permit. sec.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) A fish farmer 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) A fish farmer 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 a fish farmer 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, a fish farmer must have: (1) obtained certification that any new shipment of exotic shellfish imported from outside the state have 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. sec.57.115. Transportation of Live Exotic Species. (a) Transport of live harmful or potentially harmful exotic species is prohibited except by a licensed fish farmer or the operator of a wastewater treatment facility who has in immediate possession a valid exotic species permit, by a person in possession of a valid triploid grass carp permit, by a commercial shipper acting for the permit holder, or when transported between a warehouse and retail outlet within a company possessing a retail fish dealers license, and persons holding a valid zoological or scientific permit authorizing the transportation. (b) Any person transporting live harmful or potentially harmful exotic species must have either an exotic species transport invoice or a valid triploid grass carp permit; except harmful or potentially harmful exotic species covered under zoological or scientific permits may be transported in compliance with rules governing zoological or scientific permits. (c) A fish farmer transporting live triploid grass carp must have an exotic species transport invoice, 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. sec.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, 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. (c) The permittee is responsible for supplying copies of the exotic species transport invoice to out-of-state dealers from which the permittee has ordered harmful or potentially harmful exotic species 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. sec.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. (b) To be considered for an exotic species permit, the applicant shall: (1) possess a valid Texas fish farmer's license or permit from the Texas Water Commission authorizing operation of a wastewater treatment facility; (2) complete an initial exotic species permit application on a form provided by the department; (3) submit this application to the department; (4) submit an accurate-to-scale plat of the fish farm specifically including, but not limited to, location of: (A) all private facilities 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 discharge 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; (5) demonstrate to the department that an existing fish farm or wastewater treatment facility meets requirements of sec.57.129 of this title (relating to Exotic Species Permit); (6) provide plans of sufficient detail to demonstrate that fish farms or wastewater treatment facilities in planning or construction will comply with the criteria listed in sec.57.129 of this title; and (7) 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 sec.57.114 of this title (relating to Health Certification of Exotic Shellfish). (d) An applicant for an exotic species permit shall provide documentation upon request from the department necessary to identify any harmful or potentially harmful exotic species for which a permit is sought. (e) An applicant for an exotic species permit shall allow inspection of his or her facilities by authorized employees of the department during normal business hours. sec.57.118. Exotic Species Permit Issuance. (a) The department may issue an exotic species permit only to a licensed fish farmer and only for species listed in sec.57.113(c), (d), and (e) of this section or to a wastewater treatment facility operator only for possession and use of waterhyacinth. (b) The department may issue an exotic species permit upon a finding by the department that: (1) all application requirements as set out in sec.57.117 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 sec.57.129 of this title (relating to Exotic Species Permit); (3) The applicant has substantially complied with all provisions of the Parks and Wildlife Code, sec.66.007, sec.66.015, and these rules during the one-year period preceding the date of application. (c) Permits issued for fish farms or wastewater treatment facilities under construction shall not authorize possession of harmful or potential harmful exotic fish, shellfish, or aquatic plants until such time as the department has certified that the fish farm or wastewater treatment facility as-built meets the requirements in sec.57.129 of this title. sec.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) kept on the premises of the fish farm or wastewater treatment facility named in the permit. (b) Permittee must provide access 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 of a permitted harmful or potentially harmful exotic species or discontinues wastewater treatment utilizing waterhyacinth, the permittee shall: (1) immediately and lawfully, sell 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) A permittee shall provide an adequate number of fish, shellfish, or aquatic plants of the exotic species named in the permit application to authorized department employees upon request for identification and analyses. (e) In the event that the fish farm 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 destroy or harvest all permitted exotic harmful or potentially harmful fish, shellfish, and aquatic plants to prevent their release. It is the responsibility of the permittee to have available sufficient quantity of biocide to destroy all harmful or potentially harmful exotic fish, shellfish, and aquatic plants in danger of release. The biocide shall be registered with the Texas Department of Agriculture and used in accordance with label directions. (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 any harvesting of permitted adult 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 Penaeus vannamei may sell or transfer ownership of live P. vannamei only to the holder of a valid exotic species permit specifically authorizing possession of P. vannamei. (h) Upon discovery of release or escapement of harmful or potentially harmful exotic fish or shellfish from the 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 fish farm is located within a fish farm complex, upon discovery or release or escapement of harmful or potentially harmful fish or shellfish from the permittee's fish farm, the permittee must immediately halt discharge of all private facility effluent from the fish farm complex. (i) A holder of an exotic species permit must notify the department 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 at all times such species are in possession. (k) All private facility effluent discharged from a fish farm holding exotic harmful or potentially harmful species must be routed such that all private facility effluent passes through all devices for prevention of discharge of such 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 within seven days of change in ownership. (m) Permits are not transferable from site to site or from person to person. sec.57.120. Exotic Species Permit; Expiration and Renewal. (a) Exotic Species Permits required by these rules expire one year from date of issuance. (b) The department may renew an exotic species permit upon finding that: (1) the applicant has met application requirements in sec.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 sec.57.129 of this title (relating to Exotic Species Permit); and (3) the applicant has substantially complied with all provisions of the Parks and Wildlife Code sec.66.007, sec.66.015, and these rules during the one-year period preceding the date of agency action on the application for renewal. (4) The applicant has submitted a renewal application and required annual report to the department not more than 60 days nor less than 30 days prior to the exotic species permit expiration. (c) Applicants seeking renewal of exotic species permits, including those issued prior to January 23, 1992, must meet all application requirements listed in sec.57.117 of this title and facility design criteria listed in sec.57.129 of this title. sec.57.121. Exotic Species Permit-Amendment. (a) Exotic species permits may be amended upon a finding by the department that: (1) the applicant has substantially complied with all provisions of the Parks and Wildlife Code, sec.66.007, sec.66.015, and these rules during the one-year period preceding the date of application; (2) the applicant has met all applicable application requirements under sec.57.117 of this title (realting to Exotic Species Permit-Fee Application Requirements); and (3) the facilities as altered will meet the private facility criteria in sec.57.129 of this title (relating to Exotic Species Permit). (b) Exotic species permits must be amended to reflect (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 fish farms or wastewater treatment facilities; and (5) change in existing design criteria listed in sec.57.129 of this title. (c) Applicants seeking amendment of exotic species permits, including those issued prior to January 23, 1992, must meet all application requirements listed in sec.57.117 of this title and facility design criteria listed in sec.57.129 of this title. sec.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 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. sec.57.123. Exotic Species Permit Reports. (a) The exotic species permit holder shall submit an annual report that accounts for importation, possession, transport, sale, 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 for renewal or within 30 days after termination of the exotic species permit. (b) An exotic species permit holder who has imported, possessed, transported, or sold triploid grass carp shall submit a quarterly report to the department. 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. sec.57.124. Triploid Grass Carp; Sale, Purchase. (a) Triploid grass carp may be sold 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. (b) A person who holds a valid triploid grass carp permit may purchase triploid grass carp only from a fish farmer in possession of a valid exotic species permit authorizing possession of triploid grass carp. (c) A holder of an exotic species permit may obtain triploid grass carp only from: (1) the holder of an 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; and (4) name of certifying authority who conducted triploid grass carp certification. sec.57.125. Triploid Grass Carp Permit; Application, Fee. (a) The department may issue a triploid grass carp permit only for stocking of triploid grass carp into a private pond. (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 flat 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 flat fee is not refundable. (d) An applicant for a triploid grass carp permit or a permittee shall allow inspection of his or her facilities and private ponds by authorized employees of the department during normal business hours. sec.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, sec.66.007, sec.66.015, or these rules; (5) issuance of a triploid grass carp permit is consistent with department fisheries or wildlife management activities; and (6) issuance of a triploid grass carp permit is consistent with the Parks and Wildlife Commission's environmental policy. (b) A permittee shall allow, upon request, take of a reasonable number of grass carp from the permittee's private 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 private pond named in the permit application, and as appropriate, the percentage of the surface area of the private pond infested by aquatic vegetation. sec.57.127. Triploid Grass Carp Permit; Denial. The department may deny a triploid grass permit upon a finding that the applicant fails to satisfy any of the required criteria for issuance of a permit listed in sec.57. 124 this title (relating to Triploid Grass Carp, Sale Purchase). sec.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 Texas Parks and Wildlife Code, sec.66.015 during the valid permit period. sec.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. (1) Fish farms holding harmful or potentially harmful exotic fish or shellfish shall have at least 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. Screen mesh shall be of an appropriate size for each state of shellfish growth and development. 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. (2) Fish farms containing harmful or potentially harmful exotic fish or shellfish must be designed such that private facility effluent from the fish farm can be wholly contained upon the fish farm in the event of escapement or release of such exotic species from the specific private facilities permitted to hold those species. (b) Fish farms which are to contain species or hybrids of species listed in sec.57.113(c), (d), and (e) of this title (relating to Exceptions) and wastewater treatment facilities containing waterhyacinth 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. (c) 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. (d) A fish farm containing harmful or potentially harmful exotic fish or shellfish must have in place security measures reasonably designed to prevent unrestricted or uncontrolled access to any private facilities containing harmful or potentially harmful exotic fish or shellfish. Security measures must be reasonably adequate to prevent unauthorized removal of such species from the fish farm. (e) 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 or other method 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 farmers 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) The complex must be designed such that flow of private facility effluent can be wholly contained within the drainage system of the fish farm complex in the event of escapement or release of harmful or potentially harmful exotic fish or shellfish from any fish farm within the complex. 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. sec.57.130. Penalties. The penalties for violation of this subchapter are prescribed by the Parks and Wildlife Code, sec.66.012. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 27, 1992. TRD-9203453 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: March 31, 1992 Proposal publication date: December 20, 1991 For further information, please call: 1-800-792-1112, ext. 4643 or (512) 389- 4643 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 11. Food Distribution and Processing Food Distribution Program The Texas Department of Human Services (DHS) adopts amendments to sec.sec.11.112, 11.6004, and 11.6007, concerning food distribution and processing, without changes to the proposed text as published in the February 4, 1992, issue of the Texas Register (17 TexReg 933). The justification for the amendments is to expand the current Special Nutrition Programs nondiscrimination statements beyond the current federal statutory reference in order to add state civil rights nondiscrimination requirements. The amendments will function by providing to program participants additional protection from discrimination. No comments were received regarding adoption of the amendments. 40 TAC sec.11.112 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 10, 1992. TRD-9203485 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1992 Proposal publication date: February 4, 1992 For further information, please call: (512) 450-3765 Emergency Food Assistance 40 TAC sec.11.6004, sec.11. 6007 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 10, 1992. TRD-9203486 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1992 Proposal publication date: February 4, 1992 For further information, please call: (512) 450-3765 Chapter 12. Child Nutrition Programs Child Care Food Program The Texas Department of Human Services (DHS) adopts amendments to sec.sec.12.12, 12.112, 12.207, 12.307, and 12.407, concerning child nutrition programs, without changes to the proposed text as published in the February 4, 1992, issue of the Texas Register (17 TexReg 934). The justification for the amendments is to expand the current Special Nutrition Programs nondiscrimination statements beyond the current federal statutory reference in order to add state civil rights nondiscrimination requirements. The amendments will function by providing to program participants additional protection from discrimination. No comments were received regarding adoption of the amendments. 278> 40 TAC sec.12.12 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 10, 1992. TRD-9203487 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1992 Proposal publication date: February 4, 1992 For further information, please call: (512) 450-3765 Summer Food Service Program 40 TAC sec.12.112 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 10, 1992. TRD-9203488 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1992 Proposal publication date: February 4, 1992 For further information, please call: (512) 450-3765 Special Milk Program 40 TAC sec.12.207 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 10, 1992. TRD-9203489 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1992 Proposal publication date: February 4, 1992 For further information, please call: (512) 450-3765 School Breakfast Program 40 TAC sec.12.307 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 10, 1992. TRD-9203490 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1992 Proposal publication date: February 4, 1992 For further information, please call: (512) 450-3765 National School Lunch Program 40 TAC sec.12.407 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 10, 1992. TRD-9203491 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1992 Proposal publication date: February 4, 1992 For further information, please call: (512) 450-3765 Chapter 49. Child Protective Services Subchapter A. Administration 40 TAC sec.49.105 The Texas Department of Human Services (DHS) adopts an amendment to sec.49. 105, concerning criminal records checks, in its Child Protective Services chapter. The section is adopted without changes to the proposed text as published in the January 31, 1992, issue of the Texas Register (17 TexReg 840). The amendment is justified because prospective volunteers will be screened for previous histories of criminal child abuse or neglect before they begin working with volunteer organizations that are authorized to request criminal records checks under state law because the organizations serve abused and neglected children. The amendment will function by allowing the department to implement state law without amending the department's rules whenever the legislature authorizes additional volunteer organizations to request criminal history checks. The department received no comments regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and Chapter 41, which authorizes the department to enforce laws for the protection of children. The amendment is also adopted under the Texas Family Code, Title 2, Chapter 34, which authorizes the department to provide services to alleviate the effects of child abuse and neglect. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 10, 1992. TRD-9203527 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: April 15, 1992 Proposal publication date: January 31, 1992 For further information, please call: (512) 450-3765