31 Tex. Admin. Code § 57.111 - Definitions
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.
(9) Controlled exotic species--Any species
listed in §
57.112 of this title (relating to
Exotic Harmful or Potentially Harmful Fish, Shellfish, and Aquatic
Plants).
(10) Controlled exotic
species permit--Any permit issued under this subchapter that authorizes the
import, export, propagation, possession, purchase, sale, and/or transport of a
controlled exotic species.
(11)
Conveyance--Any means of transporting persons, goods, or equipment on the
water.
(12) Department--The Texas
Parks and Wildlife Department or a designated employee of the
department.
(13) Director--The
executive director of the Texas Parks and Wildlife Department.
(14) Disease--Contagious pathogens or
injurious parasites that may be a threat to the health of natural populations
of aquatic organisms.
(15)
Disease-Free--A status, based on the results of an examination conducted by a
department approved shellfish disease specialist that certifies a group of
aquatic organisms as being free of disease.
(16) Disease inspector--An employee of the
department who is trained to perform clinical analysis of shrimp
disease.
(17) Disease specialist--A
third-party person approved by the department that possesses the education and
experience to identify shellfish disease, such as a degree in veterinary
medicine or a Ph.D. specializing in shellfish disease.
(18) Dock or pier--a structure built over
and/or floating on water that is used to provide access to water and/or for the
mooring of boats.
(19) Emergency--A
situation or event beyond the control of any person, including but not limited
to a natural disaster, power outage, or fire.
(20) Exotic shrimp exclusion zone--That part
of the state that is both south of SH 21 and east of I-35, but not including
Brazos County.
(21) Exotic
species--Any aquatic plant, fish, or shellfish not indigenous to this
state.
(22)
Facility--Infrastructure including drainage structures at a location where
controlled exotic species are possessed, propagated, cultured, or sold under a
controlled exotic species permit excluding private waters permitted for
triploid Grass Carp stocking in accordance with §
57.116 of this title (relating to
Special Provisions--Triploid Grass Carp).
(23) Facility complex--A group of two or more
facilities located at a common site and sharing water diversion or drainage
structures.
(24)
Gill-cutting--Cutting through the base of the gills on the underside of the
fish.
(25) Manifestations of
disease--Include, but are not limited to, one or more of the following: heavy
or unusual predator activity, empty guts, emaciation, rostral deformity,
digestive gland atrophy or necrosis, gross pathology of shell or underlying
skin typical of viral infection, fragile or atypically soft shell, gill
fouling, or gill discoloration.
(26) Nauplius (nauplii, if plural) --A larval
crustacean (phylum Arthropoda, subphylum Crustacea) having no trunk
segmentation and only three pairs of appendages.
(27) Post-larva (post-larvae, if plural) --A
juvenile crustacean (phylum Arthropoda, subphylum Crustacea) having acquired a
full complement of functional appendages.
(28) Private pond--A pond or lake capable of
holding exotic species of tilapia and/or triploid grass carp in confinement
wholly within private land for non-commercial purposes.
(29) Public water--As defined by Parks and
Wildlife Code, §
66.015, the
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.
(30) Recirculating
aquaculture system--A system for culturing fish that treats or reuses all, or a
major portion of the water and is designed for no direct offsite discharge of
water.
(31) Quarantine
condition--Separation of exotic shellfish from other stocks of shellfish within
a facility such that neither the shellfish nor the water in which they are or
were maintained comes into contact with water in the state or with other fish
and/or shellfish.
(32) Tilapia and
triploid grass carp regulatory zones--Geographic conservation priority zones
identified by the department where special provisions apply. Zone designations
by county are as follows:
(A) Conservation
zone. The conservation zone shall include the following counties: Andrews,
Archer, Armstrong, Bailey, Bandera, Baylor, Bell, Bexar, Blanco, Borden,
Brewster, Briscoe, Brown, Burnet, Callahan, Carson, Castro, Childress, Clay,
Cochran, Coke, Coleman, Collingsworth, Comal, Concho, Cottle, Crane, Crockett,
Crosby, Culberson, Dallam, Dawson, Deaf Smith, Dickens, Donley, Ector, Edwards,
El Paso, Fisher, Floyd, Foard, Gaines, Garza, Gillespie, Glasscock, Gray, Hale,
Hall, Hansford, Hardeman, Hartley, Haskell, Hays, Hemphill, Hockley, Howard,
Hudspeth, Hutchinson, Irion, Jeff Davis, Jones, Kendall, Kent, Kerr, Kimble,
King, Kinney, Knox, Lamb, Lampasas, Lipscomb, Llano, Loving, Lubbock, Lynn,
Martin, Mason, Maverick, McCulloch, Medina, Menard, Midland, Mills, Mitchell,
Moore, Motley, Nolan, Ochiltree, Oldham, Parmer, Pecos, Potter, Presidio,
Randall, Reagan, Real, Reeves, Roberts, Runnels, San Saba, Schleicher, Scurry,
Shackelford, Sherman, Stephens, Sterling, Stonewall, Sutton, Swisher, Taylor,
Terrell, Terry, Throckmorton, Tom Green, Travis, Upton, Uvalde, Val Verde,
Ward, Wheeler, Wichita, Wilbarger, Williamson, Winkler, Yoakum, Young, and
Zavala.
(B) Stocking zone. The
stocking zone shall include the following counties: Anderson, Angelina,
Aransas, Atascosa, Austin, Bastrop, Bee, Bosque, Bowie, Brazoria, Brazos,
Brooks, Burleson, Caldwell, Calhoun, Cameron, Camp, Cass, Chambers, Cherokee,
Collin, Colorado, Comanche, Cooke, Coryell, Dallas, Delta, Denton, DeWitt,
Dimmit, Duval, Eastland, Ellis, Erath, Falls, Fannin, Fayette, Fort Bend,
Franklin, Freestone, Frio, Galveston, Goliad, Gonzales, Grayson, Gregg, Grimes,
Guadalupe, Hamilton, Hardin, Harris, Harrison, Henderson, Hidalgo, Hill, Hood,
Hopkins, Houston, Hunt, Jack, Jackson, Jasper, Jefferson, Jim Hogg, Jim Wells,
Johnson, Karnes, Kaufman, Kenedy, Kleberg, La Salle, Lamar, Lavaca, Lee, Leon,
Liberty, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, McMullen,
Milam, Montague, Montgomery, Morris, Nacogdoches, Navarro, Newton, Nueces,
Orange, Palo Pinto, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson,
Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby,
Smith, Somervell, Starr, Tarrant, Titus, Trinity, Tyler, Upshur, Van Zandt,
Victoria, Walker, Waller, Washington, Webb, Wharton, Willacy, Wilson, Wise,
Wood, and Zapata.
(33)
Triploid grass carp--A grass carp (Ctenopharyngodon idella) that has been
certified by the United States Fish and Wildlife Service as having 72
chromosomes and as being functionally sterile.
(34) Waste--As defined in Water Code, §
26.001(6).
(35) Water in the state--As defined in Water
Code, §
26.001(5).
(36) Wastewater treatment facility--All
contiguous land and fixtures, structures, and associated infrastructure,
including drainage structures used for treating wastewater pursuant to a valid
permit issued by the Texas Commission on Environmental Quality.
(37) Zoological facility--A zoo, aquarium,
nature center, or other, similar facility that is:
(A) open to the public;
(B) operated for the purpose of furthering
scientific understanding, encouraging management and conservation, or
furthering awareness and understanding of biology; and
(C) does not engage in commercial or retail
activities involving animals or aquatic plants.
Notes
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