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 57.122 - Permit Application, Issuance, and Period of Validity

Current through Reg. 49, No. 28; July 12, 2024
(a) Interstate transit permits. Interstate
				  transit permit application, issuance, and period of validity are described in
				  §
										57.121
				  of this title (relating to Transport of Live Controlled Exotic
				  Species).
(b) Permit application.
(1) Submission deadline. An initial
				  application for any permit under this subchapter shall be submitted at least 30
				  days prior to any prospective activity involving controlled exotic
				  species.
(2) General requirements.
				  An applicant for any permit under this subchapter shall submit:
(A) Application--a completed and signed
				  application for the appropriate permit on a form supplied by the
				  department;
(B) Applicant
				  information--Texas driver's license or identification number, Social Security
				  number, and date of birth for the applicant and each manager or other person
				  who is to supervise permitted activities;
(C) Additional required documentation--as
				  described in subsection (3) of this section or otherwise specified by this
				  subchapter; and
(D) Fees--the
				  appropriate fee specified in §
												53.15
				  of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and
				  Permits), except that fees shall be waived for:
(i) public school educational programs
				  meeting the conditions in Parks and Wildlife Code, §
													66.007(c-1)
				  provided that the applicant submits a written request for a fee waiver,
				  including course descriptions or curriculum demonstrating controlled exotic
				  species will be part of an educational program that includes tilapia
				  aquaculture and hydroponics.
(ii)
				  physical removal of controlled exotic species of plants from public water in
				  accordance with an approved treatment proposal in accordance with §
													57.932
				  of this title (relating to State Aquatic Vegetation Plan).
(iii) stocking triploid grass carp in public
				  water.
(3)
				  Additional documentation requirements.
(A)
				  Required licenses. Applicants for limited special purpose permits for private
				  pond stocking shall submit a copy of a retail or wholesale dealer's license, as
				  applicable, in accordance with Parks and Wildlife Code, Chapter 47.
(B) Wastewater discharge authorization.
				  Applicants for commercial aquaculture facility permits shall submit
				  documentation required by §
												57.120
				  of this title (relating to Facility Wastewater Discharge
				  Requirements).
(C) Nuisance Aquatic
				  Vegetation treatment proposal. Applicants for a permit to possess, transport,
				  and dispose controlled exotic species of plants shall also submit a treatment
				  proposal on a department form in accordance with §
												57.932
				  of this title that includes maps showing the location where plant removal
				  and/or disposal is to occur and routes from the removal location to the
				  location for disposal of controlled exotic species of plants.
(D) Facility map. Applicants for commercial
				  aquaculture facility permits, biological control production permits, zoological
				  display or research permits with outdoor holding facilities, or limited special
				  purpose permits for wastewater treatment shall submit an accurate map or aerial
				  photograph of the facility location with the initial application. For
				  facilities located within the 100-year flood plain, a professionally surveyed
				  map may be required by the department. Maps shall be clearly labeled to
				  indicate, at a minimum, the location of:
(i)
				  any facility ponds, greenhouses, recirculating aquaculture systems or other
				  infrastructure used to possess, propagate, culture, or transport controlled
				  exotic species;
(ii) all drainage
				  routes and structures, including adjacent ditches or natural drainage
				  features;
(iii) all points at which
				  water, wastewater, or waste is capable of being discharged or else noting that
				  the facility does not discharge; and
(iv) all screens, barriers, or other
				  structures that are intended or serve to prevent escape, release, discharge, or
				  unauthorized removal of controlled exotic species.
(E) Emergency plan. Applicants for commercial
				  aquaculture facility permits, water spinach culture facility permits, research
				  permits (when live controlled exotic species are possessed), zoological display
				  permits, and biological control production permits shall submit a written
				  emergency plan, on the appropriate department form, demonstrating that the
				  applicant has identified measures sufficient to prevent escape, release, or
				  discharge of controlled exotic species into public water during a natural event
				  such as a hurricane or flood. Approved emergency plan shall be posted and
				  maintained on file at the facility.
(F) Research proposal and researcher
				  qualifications. An applicant for a permit to conduct scientific research
				  involving controlled exotic species shall also submit a research proposal and
				  documentation of applicant qualifications to conduct controlled exotic species
				  research.
(G) Biological control
				  production plan. An applicant for a permit to culture controlled exotic species
				  of plants as hosts for the purposes of production of biological control agents
				  shall also submit a written production plan statement to include, at a minimum:
(i) the proposed number of biological control
				  agents, if any, to be collected from public waters each year;
(ii) the expected production of the
				  controlled exotic species of plants in acres or square feet; and
(iii) the intended use of the biological
				  control agents including water bodies where the biological control agents may
				  be introduced.