reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.111 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Active
				  partner--A governmental, quasi-governmental, or non-governmental organization
				  or other entity that is currently engaged in department-coordinated efforts to
				  monitor and/or manage controlled exotic species in Texas as authorized by a
				  letter of approval from the Director of the Inland Fisheries Division or
				  Coastal Fisheries Division (or their designee) of the Texas Parks and Wildlife
				  Department, as appropriate.
(2)
				  Agent--A person designated to conduct activities on behalf of any person or
				  permit holder who is authorized by a controlled exotic species permit or other
				  provision of this subchapter to conduct those activities. For the purposes of
				  this subchapter, the term 'permit holder' includes their agent.
(3) Aquaculture--As defined by Agriculture
				  Code, §
										134.001(4).
(4) Beheaded--The complete detachment of the
				  head (that portion of the fish from the gills to the nose; that portion of the
				  shrimp called the carapace) from the body.
(5) Biological control agent--a natural enemy
				  or predator of a plant or animal that can be used to control the growth,
				  spread, or deleterious impact of that plant or animal.
(6) Clinical Analysis Checklist--A
				  department-approved form specifying sampling protocols and listing certain
				  characteristics that may constitute manifestations of shrimp disease.
(7) Commercial aquaculture facility--As
				  defined in §
										134.001(7)
				  of the Texas Agriculture Code.
(8)
				  Common carrier--A person or entity that is:
(A) in the business of shipping goods or
				  products; and
(B) not a party to a
				  transaction under a permit issued under this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.113 - General Provisions and Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Nothing in this subchapter shall be construed to relieve any person of the
				  obligation to comply with any applicable provision of local, state, or federal
				  law.
(b) Except as provided by
				  Parks and Wildlife Code or this subchapter, no person shall:
(1) introduce into public water, possess,
				  import, export, sell, purchase, transport, propagate, or culture any species,
				  hybrid of a species, subspecies, eggs, seeds, or any part of any species
				  defined as a controlled exotic species; or
(2) take or possess a grass carp from public
				  water designated by the department where grass carp have been introduced by the
				  department or under a permit issued by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.114 - Controlled Exotic Species Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Water spinach Culture. Controlled exotic species facility permits may be issued
				  for culture, transport, and sale of water spinach, in accordance with the
				  provisions of this subchapter and §
										57.118
				  of this title (relating to Special Provisions--Water Spinach).
(b) Commercial Aquaculture Facility Permits.
(1) Controlled exotic species facility
				  permits may be issued for commercial aquaculture, in accordance with the
				  provisions of this subchapter, only for the following species:
(A) Triploid grass carp (Ctenopharyngodon
				  idella) in compliance with the provisions of §
												57.116
				  of this title (relating to Special Provisions--Triploid Grass Carp);
(B) Blue tilapia (Oreochromis aureus),
				  Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia
				  (O. hornorum), or hybrids of these species in compliance with the provisions of
				  §
												57.115
				  of this title (relating to Special Provisions--Tilapia); and
(C) Pacific white shrimp (Litopenaeus
				  vannamei) or Pacific blue shrimp (L. stylirostris) in compliance with the
				  provisions of §
												57.117
				  of this title (relating to Special Provisions--Shrimp Aquaculture and Health
				  Certification).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.115 - Special Provisions - Tilapia

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided in this section or the provisions of §
										57.113 of
				  this title (relating to General Provisions and Exceptions), no person may
				  possess, import, export, sell, purchase, transport, propagate, or culture, or
				  offer to import, export, sell, purchase, or transport tilapia unless the person
				  is the holder of a valid controlled exotic species permit and is in compliance
				  with the terms of the permit.
(b)
				  Private ponds stocked with tilapia shall be designed and maintained such that
				  escape, release, or discharge of tilapia from the pond into public water is not
				  likely to occur.
(c) Non-commercial
				  aquaculture. No permit is required under this subchapter to purchase, possess,
				  transport, or propagate blue tilapia (O. aureus), Mozambique tilapia (O.
				  mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), and
				  hybrids between these species for non-commercial (i.e., no sale) aquaculture
				  purposes provided that:
(1) Live tilapia
				  purchased in accordance with the provisions of this subchapter are transported
				  to the aquaculture location in accordance with §
											57.121
				  of this title (relating to Transport of Live Controlled Exotic
				  Species);
(2) Tilapia are not sold,
				  offered for sale, or exchanged for money or anything of value;
(3) Tilapia are possessed solely in a
				  recirculating aquaculture system constructed such that:
(A) escape, release, or discharge of tilapia
				  into public water is not likely to occur; and
(B) no discharge of wastewater or waste into
				  or adjacent to water in the state is likely to occur;
(4) Adequate security measures are in place
				  to prevent unauthorized removal of tilapia; and
(5) Tilapia are killed in accordance with the
				  provisions of §
											57.113(e)
				  of this title prior to being transferred to another person or
				  disposed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.116 - Special Provisions-Triploid Grass Carp

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may issue a permit for
				  introduction of triploid grass carp into public water after finding that the
				  introduction is not likely to affect threatened or endangered species or
				  interfere with specific management objectives for other important species or
				  habitats.
(b) The department may
				  issue a permit for stocking of triploid grass carp in a private pond after
				  finding that the triploid grass carp are not likely to escape from the pond
				  into public waters in violation of Parks and Wildlife Code, §
										66.015, and
				  that the stocking is not likely to affect threatened or endangered species or
				  interfere with specific management objectives for other important species or
				  habitats.
(c) An applicant for a
				  triploid grass carp permit for private pond stocking shall, upon request, allow
				  inspection of their ponds or lakes by an employee of the department during
				  normal business hours for the purposes of evaluating whether the private pond
				  meets the criteria for permit issuance.
(d) Except as otherwise approved by the
				  department, the triploid grass carp stocking rate authorized by a permit shall
				  be determined by consideration of the surface area of the water body to be
				  stocked and the extent of the aquatic vegetation to be managed.
(e) Triploid grass carp may be purchased or
				  obtained only from:
(1) the holder of a valid
				  controlled exotic species permit that authorizes the sale of triploid grass
				  carp; or
(2) directly from any
				  lawful out-of-state source.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.117 - Special Provisions - Shrimp Aquaculture and Health Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Any facility containing controlled exotic
				  species of shrimp shall be capable of placing stocks into quarantine
				  condition.
(b) A facility
				  containing live Pacific blue shrimp (Litopenaeus stylirostris) must be located
				  outside the exotic shrimp exclusion zone.
(c) All disease-free certification of
				  controlled exotic species of shrimp must be conducted by a disease
				  specialist.
(d) Any person
				  importing live controlled exotic species of shrimp must, prior to importation:
(1) provide documentation to the department
				  that the controlled exotic species of shrimp to be imported have been certified
				  as disease-free; and
(2) receive
				  written acknowledgment from the department that the requirements of for
				  demonstrating disease-free status have been met.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.118 - Special Provisions - Water Spinach

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as authorized by a permit issued
				  under this section, or otherwise provided by this section, no person may:
(1) culture water spinach; or
(2) possess or transport water spinach in
				  exchange for or with the intent to exchange for money or anything of
				  value.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.119 - Minimum Facility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General facility requirements.
(1) Unless
				  specifically provided otherwise under this subchapter or the conditions of a
				  permit issued under this subchapter, a facility operating under a controlled
				  exotic species permit shall:
(A) prominently
				  display a copy of the permit at the facility for which it was issued;
(B) be maintained in compliance with the
				  standards set forth in this section at all times unless the department has been
				  notified that facility repairs are necessary;
(C) satisfactorily demonstrate to the
				  department at intervals of no more than five years, unless longer intervals are
				  approved by the department based on systematic risk analysis, that activities
				  authorized under this subchapter are conducted in compliance with the
				  requirements of this subchapter and the facility is maintained in such a way as
				  to prevent escape, release, or discharge of controlled exotic species;
				  and
(D) train staff on permit
				  conditions and requirements and ensure staff are prepared to implement the
				  facility's department-approved emergency plan to prevent escape, release, or
				  discharge of controlled exotic species into public water during a natural
				  disaster such as a hurricane or flood.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.120 - Wastewater Discharge Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant for an initial exotic species permit must provide the following:
(1) written documentation demonstrating that
				  the applicant possesses the appropriate valid wastewater discharge
				  authorization or has received an exemption from the Texas Commission on
				  Environmental Quality; or
(2)
				  adequate documentation to demonstrate that the facility is designed and will be
				  operated in a manner such that no discharge of waste into or adjacent to water
				  in the state will, or is likely to occur.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.121 - Transport of Live Controlled Exotic Species

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in §
										57.113 of
				  this title (relating to General Provisions and Exceptions), no person may
				  transport live controlled exotic species, except for:
(1) a person who is a controlled exotic
				  species permit holder, an employee of the permit holder, or a common carrier
				  acting on their behalf and in possession of:
(A) for permit holders or their employees, a
				  copy of a valid permit issued under this subchapter; and
(B) a properly executed transport invoice;
				  and
(C) for triploid grass carp,
				  documentation that the grass carp have been certified as triploid by the Grass
				  Carp Inspection and Certification Inspection Program operated by the U.S. Fish
				  and Wildlife Service.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.123 - Permit Amendment and Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  permit issued under this subchapter for a specific facility is valid only for
				  the site named on the permit and may not be amended to authorize any other
				  facility.
(b) A permit must be
				  amended and the permit holder must receive the amended permit prior to any of
				  the following actions on the part of the permit holder:
(1) obtaining species or subspecies of
				  controlled exotic species requested for addition to the amended
				  permit;
(2) transferring managerial
				  or supervisory responsibilities to a person other than the current permit
				  holder;
(3) changing methods of
				  preventing discharge of wastewater; or
(4) changing methods of preventing escape,
				  discharge, or release of controlled exotic species.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.124 - Refusal to Issue

Current through Reg. 49, No. 28; July 12, 2024
In addition to the provisions of Chapter 56 of this title
					 (relating to Agency Decision to Refuse License or Permit Issuance or Renewal
					 and Agency Decision to Suspend or Revoke Affected License or Permit, the
					 department may refuse issuance or renewal, as applicable, of a permit to any
					 person or for any facility if the department determines that a prospective
					 activity constitutes a threat to native species, habitats, or ecosystems or is
					 inconsistent with department management goals and objectives.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.126 - Discontinuation of Permitted Activities; Sale or Transfer of Permitted Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may order a permit holder
				  in writing to cease possession, importation, exportation, sale, purchase,
				  transportation, propagation, or culture of controlled exotic species until such
				  time as clearly stated conditions are met and prescribe a disposition protocol
				  in accordance with §
										57.113(m)
				  of this title (relating to General Provisions and Exceptions), if:
(1) the department determines that there is a
				  threat of escape, release, or discharge of controlled exotic species and/or
				  potential threat to native species or ecosystems; or
(2) the permit holder's permit,
				  authorization, or exemption is revoked or suspended by the Texas Commission on
				  Environmental Quality (TCEQ); or
(3) the permit holder fails to renew a
				  permit, authorization, or exemption issued by the TCEQ.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.127 - Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Commission on Environmental Quality Regarding the Regulation of Aquaculture

Current through Reg. 49, No. 28; July 12, 2024
The provisions of 30 TAC §7.103 (relating to
					 Memorandum of Understanding (MOU) between the Texas Commission on Environmental
					 Quality and the Texas Parks and Wildlife Department Regarding the Regulation of
					 Aquaculture) in effect on May 19, 2022 are adopted by reference.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter A - HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS › Section 57.128 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person who violates a provision of this subchapter or a
					 provision of a permit issued under this subchapter commits an offense
					 punishable by the penalties prescribed by the Parks and Wildlife Code, §
										66.012.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter B - MUSSELS AND CLAMS › Section 57.156 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Day--A 24-hour period
				  of time that begins at midnight and ends at midnight.
(2) Freshwater mussel--Bivalve mollusks of
				  the family Unionidae (collectively including Amblimidae and Margaritiferidae)
				  as listed by the American Fisheries Society Special Publication 29.
(3) Mussels and clams--As used in these
				  regulations include all freshwater and marine bivalve mollusks, except oysters,
				  including shells and soft parts found either separately or together.
(4) Prohibited area--The classification of a
				  shellfish growing area determined by the Texas Department of State Health
				  Services to be unacceptable for the transplanting, gathering for depuration, or
				  harvesting of shellfish. The only shellfish removal permitted from a prohibited
				  area is for the purpose of depletion, as defined in the Control of Harvesting
				  Section of Part 1 of the National Shellfish Sanitation Program
				  (NSSP).
(5) Restricted area--The
				  classification of a shellfish growing area determined by the Texas Department
				  of State Health Services (DSHS) to be unacceptable for harvesting shellfish for
				  direct marketing, but which is acceptable for transplanting or gathering for
				  depuration. A restricted area may be closed for transplanting or gathering for
				  depuration when the DSHS determines that the area does not meet the restricted
				  area criteria established in the NSSP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter B - MUSSELS AND CLAMS › Section 57.157 - Mussels and Clams

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  prohibition.
(1) It is unlawful for any
				  person to take or possess mussels and clams except as provided under this
				  subchapter.
(2) The take,
				  possession, sale, or offering for sale of any species of mussel or clam listed
				  in §
											65.175 of this
				  title (relating to Threatened Species) or §
											65.176 of this
				  title (relating to Endangered Species) is prohibited, except as provided by
				  Parks and Wildlife Code, Chapter 67 or 31 TAC Chapter 65, Subchapter
				  G.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter B - MUSSELS AND CLAMS › Section 57.158 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
Penalties for violation of §
										57.156 and
					 §
										57.157 of this
					 title (relating to Definitions and Mussels and Clams) are prescribed in Parks
					 and Wildlife Code, §
										78.007.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter C - INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS › Section 57.251 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Aquaculture--The business of producing and selling cultured species raised in
				  private facilities.
(2) Aquatic
				  plant--All plants whose seeds germinate in either the water phase or the
				  substrate of a body of water and which must spend part of the life cycle in
				  water (Reid, G.K., and R.O. Wood 1976, Ecology of Inland Waters and
				  Estuaries).
(3) Disease
				  condition--The presence of contagious pathogens or injurious parasites known or
				  clinically suspected of constituting a threat to the health of native species
				  of aquatic organisms.
(4)
				  Enclosure--A structure in public water that is capable of preventing the escape
				  of the stock confined within it and the entry of aquatic animal life from
				  surrounding waters.
(5)
				  Fishing--Taking or attempting to take aquatic animal life by any
				  means.
(6) Native species--All
				  fish, shellfish, or aquatic plants documented by the department to live, spawn,
				  or reproduce in Texas and whose first documented occurrence in Texas waters was
				  not the result of intentional or unintentional importation by man. This
				  includes those native species from Texas offshore waters encompassing the Texas
				  Territorial Sea and federal waters of the Exclusive Economic Zone.
(7) Offshore aquaculture facility--All
				  enclosures and associated infrastructure used to produce, hold, propagate,
				  transport, or sell stock under authority of an offshore aquaculture
				  permit.
(8) Offshore aquaculture
				  zone--All waters of the Gulf of Mexico seaward from the shoreline for a
				  distance of three marine leagues, but does not include bays, passes, rivers or
				  other bodies of water.
(9)
				  Shellfish--Aquatic species of crustaceans and mollusks, including oysters,
				  clams, shrimp, prawns, and crabs of all varieties.
(10) Stock--Native species of fish,
				  shellfish, or aquatic plants intended for use in, being transported to, or
				  contained within an offshore aquaculture facility under the terms of an
				  offshore aquaculture permit.
(11)
				  Waste--As defined in Water Code, §
										26.001.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter C - INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS › Section 57.252 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) An offshore
				  aquaculture permit under this subchapter may be issued to an individual,
				  corporation, company, or other entity that meets all requirements of Texas law
				  for transacting business in this state and the requirements of this subchapter
				  applicable to offshore aquaculture permits.
(b) A permit under this subchapter other than
				  for an offshore aquaculture facility may be issued to a named individual only
				  and not to a corporation, partnership, or other entity.
(c) A permit issued under this subchapter
				  shall not be sold or transferred except with the approval of the
				  department.
(d) Except as provided
				  by the terms and conditions of the permit, a one-time introduction permit, for
				  releases other than those made into an offshore aquaculture facility, is valid
				  for 60 days from the date of issuance or until the permitted introduction has
				  been completed, whichever comes first.
(e) For offshore aquaculture facilities:
(1) An offshore aquaculture permit authorizes
				  permitted activities in a designated area within the offshore aquaculture
				  zone.
(2) The offshore aquaculture
				  permit shall be issued only for the cultivation of native species. Upon request
				  the permittee shall provide the form and type of evidence requested by the
				  department that the individuals are:
(A)
				  obtained from the Gulf of Mexico; or
(B) descended solely from individuals
				  obtained from the Gulf of Mexico.
(3) An offshore aquaculture permit shall be
				  valid from the date of issuance until the date of expiration, but for no longer
				  than 5 years after the issuance date.
(4) The department may inspect:
(A) any enclosure or infrastructure used to
				  engage in offshore aquaculture; or
(B) vessel used to transport stock and
				  equipment to and from an offshore aquaculture facility.
(5) In the event that a single enclosure
				  suffers a mortality rate of five percent of more within seven days, the
				  permittee shall, within 48 hours of suffering the five percent mortality rate,
				  submit samples to a department-approved aquatic veterinarian to determine
				  whether a disease condition exists.
(6) The department may order the removal of
				  all stock from an enclosure or take other appropriate action upon:
(A) a determination that a disease condition
				  exists; or
(B) an enforcement
				  action by a federal or state agency resulting in the suspension or revocation
				  of a clearance, permit, or authorization that is required under §
												57.253 of this
				  title (relating to Permit Application).
(7) The department may sample stock to
				  determine genetic lineage.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter C - INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS › Section 57.253 - Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant for a permit under this subchapter shall complete and submit an
				  application to the department on a form supplied by the department, accompanied
				  by the fee prescribed by §
										53.15
				  of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and
				  Permits).
(b) Except for
				  applications for offshore aquaculture permits, an application must be received
				  by the department at least 30 days before the proposed introduction.
(c) An application for an offshore
				  aquaculture facility:
(1) must be received by
				  the department at least 90 days prior to the proposed deployment of any
				  enclosure or infrastructure;
(2)
				  must include:
(A) The name, address, and
				  telephone number of the owner(s) of the facility and all stock;
(B) proof that the applicant has obtained:
(i) a valid license issued by the Texas
				  Department of Agriculture to operate an aquaculture facility (Agriculture Code
				  Chapter 134);
(ii) all applicable
				  state and/or federal permits or authorizations relating to water quality
				  standards;
(iii) all applicable
				  state and federal permits, authorizations, or clearances related to
				  navigational hazards; and
(iv) any
				  approval or permit required by the General Land Office;
(C) a clear and concise facility design,
				  including scale plans and schematics of all infrastructure that, as determined
				  by the department, is sufficient to:
(i)
				  prevent the escape of stock from the facility; and
(ii) protect wildlife resources adjacent to
				  the facility from:
(I) disease transmission
				  from stock;
(II) the discharge of
				  pollutants produced from feed or waste materials into public waters, including
				  discharges resulting directly or indirectly from extreme weather conditions or
				  physical collision;
(III) the
				  escape of stock from the facility as a result of extreme weather conditions or
				  physical collision; and
(IV) death
				  or injury from ensnarement, entanglement, collision, or other physical
				  interactions with enclosures or facility infrastructure;
(D) a clear and concise operations
				  plan, which shall include best management practices that minimize potentially
				  harmful discharges into public waters from the facility;
(E) a prospective timeline of proposed
				  activities, by species, from the time of introduction to the time of harvest or
				  removal for each enclosure;
(F) a
				  plan for removing all stock from the facility within 72 hours of notice from
				  the department under §
												57.252 of this
				  title (relating to General Provisions); and
(G) a statement that all stock meets the
				  requirements of §
												57.252 of this
				  title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter C - INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS › Section 57.254 - Denial

Current through Reg. 49, No. 28; July 12, 2024
A permit application, permit renewal, or permit amendment
					 under this subchapter will be denied if:
(1) concerning an application for one time
				  introduction:
(A) the application, renewal or
				  amendment does not meet the requirements of §§
											52.101-
				  52.401
				  of this title (concerning Stocking Policy); or
(B) the proposed introduction is not
				  consistent with management objectives of the department; or
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter C - INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS › Section 57.255 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may renew a current
				  offshore aquaculture permit, provided:
(1)
				  the applicant has complied with all requirements of this subchapter and permit
				  provisions during the one-year period immediately preceding renewal;
(2) the facility is in compliance with all
				  operational and facility standards as reflected in the current permit
				  (including amendments);
(3) the
				  applicant has completed and submitted an application for permit renewal;
				  and
(4) the applicant has paid the
				  fee prescribed by §
											53.15
				  of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and
				  Permits).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter C - INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS › Section 57.256 - Amendment

Current through Reg. 49, No. 28; July 12, 2024
(a) An offshore aquaculture permit may be
				  amended, provided the applicant:
(1) has
				  complied with all requirements of this subchapter and permit provisions during
				  the one-year period immediately preceding the date of the application for
				  amendment;
(2) has complied with
				  all applicable requirements of §
											57.253 of this
				  title (relating to Permit Application);
(3) has completed and submitted an
				  application for permit amendment; and
(4) the amendment is not extensive enough to
				  warrant an additional facility inspection. An amendment extensive enough to
				  warrant an additional facility inspection shall be treated as an application
				  for a new permit and the provisions of §
											57.253 of this
				  title shall apply.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter C - INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS › Section 57.257 - Reporting and Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) An offshore
				  aquaculture permitee shall maintain and keep current an accurate daily record
				  of all stock introduced or removed from each enclosure within a facility,
				  including mortalities.
(b) An
				  offshore aquaculture permitee shall complete and submit an annual report to the
				  department on a form supplied by the department by no later than January 15 of
				  every year.
(c) While performing
				  any permitted activity within or in transit to or from an offshore aquaculture
				  facility, a person must physically possess a legible copy of the offshore
				  aquaculture permit under which the activity is being performed.
(d) The records required by this section
				  shall be made available to the department upon the request of a department
				  employee.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter C - INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS › Section 57.258 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in this subchapter, it is an offense
					 if:
(1) a person holding a permit
				  under this section fails to notify the department at least three calendar days
				  prior to the placing of any fish, shellfish, or aquatic plant into public
				  water;
(2) a person holding a
				  permit under this section fails to notify the department at least three
				  calendar days prior to removing any fish, shellfish, or aquatic plant from an
				  offshore aquaculture facility;
(3)
				  a person holding a permit under this section fails to notify the department
				  immediately upon discovering that a disease condition exists within an offshore
				  aquaculture facility;
(4) a person
				  holding a permit under this section fails to notify the department immediately
				  upon determining that an offshore aquaculture facility has been damaged and the
				  threat of the unintentional release of stock exists;
(5) any person to whom the department has
				  issued an offshore aquaculture permit fails to remove all enclosures and
				  associated infrastructure from public waters within 60 calendar days of permit
				  expiration or revocation; or
(6) a
				  permittee constructs an offshore aquaculture facility in a manner different
				  from the department-approved application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter C - INTRODUCTION OF FISH, SHELLFISH AND AQUATIC PLANTS › Section 57.259 - Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  violates a provision of this subchapter or a provision of a permit issued under
				  this subchapter commits an offense punishable by the penalty prescribed by the
				  Parks and Wildlife Code, §
										66.012.
(b) A permit issued under this section is not
				  a defense to prosecution for any conduct not specifically authorized by the
				  permit.
(c) If a person violates a
				  provision of this subchapter or a provision of a permit issued under this
				  subchapter the department may suspend or revoke the permit after notifying the
				  permittee that a violation has occurred. All contested cases shall be conducted
				  pursuant to the provisions of Government Code, Chapter 2001.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter D - COMMERCIALLY PROTECTED FINFISH › Section 57.371 - Applicability: Commercially Protected Finfish

Current through Reg. 49, No. 28; July 12, 2024
(a) A commercially protected finfish is any
				  fish listed in Parks and Wildlife Code, §
										66.020(a).
(b) The provisions of Parks and Wildlife
				  Code, §§
										47.0181
				  -
				  47.0183,
				  apply to the possession and transportation of commercial finfish under a valid
				  finfish import license issued by the department.
(c) A person who violates a provision of this
				  subchapter is subject to the penalties prescribed by Parks and Wildlife Code,
				  §
										66.012.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter D - COMMERCIALLY PROTECTED FINFISH › Section 57.375 - Exclusive Economic Zone Regulations

Current through Reg. 49, No. 28; July 12, 2024
A commercially protected finfish lawfully taken or raised
					 for commercial purposes in the exclusive economic zone (EEZ) under the
					 authority of a federal fishery management plan or federal permit may be
					 transported into this state by the harvesting vessel. These commercially
					 protected finfish may only be unloaded to the holder of a Texas finfish import
					 license.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter E - PERMITS TO POSSESS OR SELL NONGAME FISH TAKEN FROM PUBLIC FRESH WATER › Section 57.377 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Department--The Texas Parks and Wildlife Department or any authorized employee
				  thereof.
(2) Game fish--As defined
				  in §
										57.971(15)(A)
				  of this title (relating to Definitions).
(3) Nongame fish--All species not defined as
				  game fish, except endangered and threatened fish, which are defined and
				  regulated under Chapter 65, Subchapter G of this title (relating to Threatened
				  and Endangered Nongame Species).
(4) Public freshwater--All of the state
				  rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those
				  freshwaters not defined as coastal waters in §
										57.971 of
				  this title (relating to Definitions), where public access is available without
				  discrimination.
(5) Shad--Gizzard
				  and threadfin shad (Dorosoma spp.).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter E - PERMITS TO POSSESS OR SELL NONGAME FISH TAKEN FROM PUBLIC FRESH WATER › Section 57.378 - Applicability: Nongame Fishes

Current through Reg. 49, No. 28; July 12, 2024
A permit to sell the following species of nongame fish
					 taken from public fresh water may be issued if the department determines that
					 the sale is necessary to properly manage the species.
Attached
					 Graphic
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter E - PERMITS TO POSSESS OR SELL NONGAME FISH TAKEN FROM PUBLIC FRESH WATER › Section 57.379 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
Except as provided by this subchapter it is unlawful for
					 any person to:
(1) sell or offer for
				  sale a nongame fish of the species listed in §
										57.378
				  of this title (relating to Applicability: Nongame Fishes) taken from the public
				  fresh water of the state, unless the person:
(A) holds a valid general commercial
				  fisherman's license and/or individual bait dealer license (as applicable) and
				  harvested the fish under a permit issued under this subchapter; or
(B) holds a valid license issued under the
				  authority of Parks and Wildlife Code, Chapter 47, that authorizes the person to
				  purchase and sell (but not catch) aquatic products;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter E - PERMITS TO POSSESS OR SELL NONGAME FISH TAKEN FROM PUBLIC FRESH WATER › Section 57.380 - Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant for a permit under this subchapter shall submit a completed
				  application to the department on a form supplied by the department, accompanied
				  by the nonrefundable fee specified in Chapter 53 of this title (relating to
				  Finance).
(b) The application must
				  be received by the department at least 30 days before the proposed
				  activity.
(c) An application may
				  designate no more than eight persons, in addition to the applicant, to assist
				  in conducting permitted activities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter E - PERMITS TO POSSESS OR SELL NONGAME FISH TAKEN FROM PUBLIC FRESH WATER › Section 57.381 - Permit Specifications and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit issued under this subchapter
				  shall specify:
(1) the name, telephone number
				  and physical address of the permittee;
(2) the water body where the activity is
				  permitted;
(3) the nongame fish
				  species for which take and/or sale is allowed; and
(4) the types and number of devices which may
				  be used to take nongame fish.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter E - PERMITS TO POSSESS OR SELL NONGAME FISH TAKEN FROM PUBLIC FRESH WATER › Section 57.382 - Harvest and Sales Reports

Current through Reg. 49, No. 28; July 12, 2024
Annual harvest and sales reports must be submitted by the
					 permittee to the department on forms provided by the department.
(1) Annual reports must be received by the
				  department on or before the 10th day of January each year.
(2) Reports must include for each species
				  taken:
(A) species name;
(B) number of individuals;
(C) number of pounds;
(D) means and methods used to take each
				  species;
(E) water body from which
				  each species was taken; and
(F)
				  price received, per pound, of each species sold.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter E - PERMITS TO POSSESS OR SELL NONGAME FISH TAKEN FROM PUBLIC FRESH WATER › Section 57.384 - Refusal to Issue

Current through Reg. 49, No. 28; July 12, 2024
The department may refuse to authorize any prospective
					 activity on any water body or impose restrictions on permitted species, water
					 bodies, devices, or live transfer if the department determines that:
(1) the prospective take of nongame fish is
				  detrimental to the target species, species listed as endangered or threatened,
				  or any other aquatic species;
(2)
				  the prospective take of nongame fish is likely to increase the risk of transfer
				  or spread of harmful or potentially harmful exotic fish or shellfish;
(3) the prospective take of nongame fish
				  cannot be accomplished in a manner consistent with the management goals and
				  objectives of the department;
(4)
				  the applicant or assistant(s) seeking renewal is not in compliance with
				  provisions of this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter E - PERMITS TO POSSESS OR SELL NONGAME FISH TAKEN FROM PUBLIC FRESH WATER › Section 57.385 - Special Provisions for the Collection, Possession, and Sale of Shad

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may sell, offer for sale,
				  possess for purposes of sale, or exchange for anything of value shad taken from
				  public fresh water unless the person possesses:
(1) a valid permit issued by the department
				  under this subchapter specifically authorizing that activity; or
(2) a valid fishing guide license issued by
				  the department and the shad are being provided to persons engaged in fishing as
				  part of the guide's services.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter E - PERMITS TO POSSESS OR SELL NONGAME FISH TAKEN FROM PUBLIC FRESH WATER › Section 57.386 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person who violates this subchapter or a permit issued
					 pursuant to this subchapter commits an offense punishable by the penalty
					 prescribed by the Texas Parks and Wildlife Code, §
										67.005.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter F - COLLECTION OF BROODSTOCK FROM TEXAS WATERS › Section 57.391 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Aquaculture
				  (or fish farming)--The business of producing and selling cultured aquatic
				  species.
(2) Aquaculturist--A
				  person authorized by law to engage in aquaculture, fish farming or
				  mariculture.
(3) Aquaculture
				  facility (or fish farm)--The property including private ponds from which fish,
				  shellfish, or aquatic plants are produced, propagated, transported, or
				  sold.
(4) Broodstock--An aquatic
				  species taken from the public waters of this state for the purpose of
				  aquaculture or mariculture.
(5)
				  Collection--Any boating, fishing, or aquatic product transportation activity
				  involved in the take or attempted take of broodstock.
(6) Cultured species--Aquatic species raised
				  under conditions where at least a portion of their life cycle is controlled by
				  an aquaculturist.
(7)
				  Department--The Texas Parks and Wildlife Department.
(8) Designated agent--A person designated by
				  an aquaculturist and approved by permit to act on behalf of that aquaculturist
				  in collection of broodstock.
(9)
				  Director--The executive director of the Texas Parks and Wildlife Department or
				  his designee.
(10)
				  Mariculture--Cultivated oyster mariculture as defined by Parks and Wildlife
				  Code, Chapter 75.
(11)
				  Progeny--Offspring of aquatic species, including eggs, fry, fingerlings, oyster
				  larvae, seed, and spat.
(12) 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.
(13) Recreational
				  Fishing--The act of using legal means or methods to take or to attempt to take
				  aquatic life for noncommercial purposes from the public waters of this
				  state.