31 Tex. Admin. Code § 57.113 - General Provisions and Exceptions
(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.
(c) An active partner may be exempted from
the requirement to obtain a controlled exotic species permit under this
subchapter, provided they coordinate with the department to seek authorization
by a letter of approval of active partner status, and provide a description of
proposed engagement in department-coordinated efforts to monitor and/or manage
controlled exotic species in Texas and measures to be taken to prevent
introduction of controlled exotic species into public water.
(d) An employee of the department in the
performance of official duties is exempt from the permit requirements of this
subchapter.
(e) Any person may
possess, import, export, sell, purchase, or transport controlled exotic species
of fish or shellfish other than mussels or oysters without a permit provided
they are:
(1) killed by gutting, beheading,
gill-cutting, or using another means;
(2) frozen; or
(3) packaged on ice.
(f) Any person may possess, import, export,
sell, purchase, or transport controlled exotic species of oysters without a
permit provided they are shucked or otherwise removed from their
shells.
(g) No person may possess
or transport live or dead controlled exotic species of mussels that are
attached to or contained within any vessel, conveyance, or dock or pier except
that mussels attached to or contained within a vessel may be possessed and
transported if the vessel is traveling directly to a service provider for the
purposes of removal of the mussels or vessel maintenance or repair after first
notifying the department in writing that the vessel will be transported.
Notification shall be provided at least 72 hours in advance and shall consist
of:
(1) expected date of transport;
(2) contact information of person or entity
transporting the vessel;
(3) vessel
registration number;
(4) water body
of origin;
(5) service provider
location and contact information; and
(6) water body where the vessel will return
after service.
(h) A
licensed retail or wholesale fish dealer is not required to have a controlled
exotic species permit to purchase or possess in the licensed place of business:
(1) live triploid grass carp
(Ctenopharyngodon idella) or blue tilapia (Oreochromis aureus), Mozambique
tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O.
hornorum), or hybrids of these tilapia species provided that the fish dealer:
(A) obtains the species from a permit
holder;
(B) retains a copy of each
properly executed transport invoice provided by the permit holder for a period
of one year following the invoice date;
(C) does not propagate or culture the
species; and
(D) does not sell or
transfer possession of the species to another person or entity unless the fish
have been gutted, beheaded, gill-cut, killed using another means, packaged on
ice, or frozen.
(2) live
Pacific blue shrimp (Litopenaeus stylirostris) or Pacific white shrimp (L.
vannamei), provided that:
(A) the place of
business is not located within the exotic shrimp exclusion zone described in §
57.111 of this title (relating to
Definitions);
(B) the species were
obtained from a permit holder;
(C)
the fish dealer retains a copy of each properly executed transport invoice
provided by the permit holder for a period of one year following the invoice
date; and
(D) the fish dealer does
not sell or transfer possession of these species to another person or entity
unless the shrimp are dead and packaged on ice or frozen.
(i) The holder of a controlled
exotic species permit may not place into public water, possess, import, export,
sell, purchase, transport, propagate, or culture controlled exotic species
unless authorized by permit conditions.
(j) The owner or manager of a property or
their agent, except as provided in subsection (k) of this section, may without
a permit possess and transport for the purpose of disposal controlled exotic
species of plants, mussels of the genus Dreissena, or applesnails, provided:
(1) the species are physically removed from a
private pond, public water adjacent to the property, or the shorelines, docks,
or other waterfront infrastructure associated with the property;
(2) mussels or applesnails removed are
securely contained in black plastic bags prior to disposal;
(3) plants removed are dried fully or
securely contained in black plastic bags prior to disposal; and
(4) plants are physically removed from public
water under a current, approved treatment proposal in accordance with
Subchapter L of this chapter (relating to Aquatic Vegetation
Management).
(k) A
person operating a mechanical plant harvester or who otherwise physically
removes controlled exotic species of plants from public water in exchange for
money or anything of value must be the holder of or be listed as an authorized
person on a controlled exotic species permit. Removal and disposal of
controlled exotic species of plants from public water or private ponds may only
be done by means authorized in the permit.
(l) Governmental or quasi-governmental
agencies; operators of power generation, water control or water supply
facilities, or private water intakes; entities removing garbage from public
water bodies; or contractors working on their behalf may without a permit,
possess and transport for the purpose of disposal controlled exotic species
removed during standard operations, maintenance, or testing provided they are
in compliance with best management practices published by the
department.
(m) Any person may
purchase, possess, or transport controlled exotic species of plants as hosts
for biological control agents without a permit for the purpose of introduction
for management of nuisance aquatic vegetation, provided that:
(1) the identity of the plant species to be
managed is confirmed by the department; and
(2) controlled exotic species of plants are:
(A) obtained from the department, a
biological control facility permitted under this subchapter, or an active
partner, as described in §
57.111 of this title (relating to
Definitions);
(B) possessed and
transported with a properly executed transport invoice provided by the
biological control agent supplier in accordance with §
57.121 of this title (relating to
Transport of Live Controlled Exotic Species); and
(C) for public water a permit for
introduction of aquatic plants into public water for nuisance aquatic
vegetation management must be obtained in accordance with Subchapter C of this
chapter (relating to Introduction of Fish, Shellfish and Aquatic Plants) and
Subchapter L of this title (relating to Aquatic Vegetation
Management).
(n) Specimens of controlled exotic species of
mussels or plants may be possessed for educational purposes without a permit if
prepared in the following manner:
(1)
mussels--fully dried or placed into alcohol, formalin, or other preservative;
or
(2) plants--dried and pressed as
herbarium specimens or encased in plastic resin.
(o) At the request of any department employee
in the performance of official duties, any person, including but not limited to
controlled exotic species permit holders, who is in possession of a controlled
exotic species shall:
(1) allow the take of
or provide samples of any controlled exotic species held in possession for
purposes of taxonomic or genetic identification and analysis;
(2) furnish any documentation necessary to
confirm controlled exotic species identity, the source of controlled exotic
species, and eligibility to possess controlled species;
(3) make available for inspection during
normal business hours any records required by this subchapter and any retention
location, facility, private pond, recirculating aquaculture system, or
transportation vehicle or trailer used to conduct activities authorized under
this subchapter; and
(4)
demonstrate that activities are conducted in compliance with the requirements
of this subchapter and in such a way as to prevent escape, release, or
discharge of controlled exotic species.
(p) Disposition Protocols.
(1) The department may prescribe, on a case
by case basis, a disposition protocol for destruction, disposal, or transfer of
controlled exotic species held by a person who:
(A) is in possession of controlled exotic
species in violation of any provision of this subchapter;
(B) is refused permit renewal under the
provisions of §
57.124 of this title (relating to
Refusal to Issue; Review of Agency Decision to Refuse Issuance); or
(C) ceases or discontinues permitted or
otherwise authorized activities for any other reason.
(2) If the disposition protocol is not
implemented within 14 days of notification by the department, the department
may implement a prescribed disposition protocol.
(3) In the event that a disposition protocol
is implemented by the department, the person is responsible for all costs
associated with the destruction, disposal, or transfer of controlled exotic
species held in the facility.
Notes
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