31 Tex. Admin. Code § 57.116 - Special Provisions-Triploid Grass Carp
(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.
(f) The department is authorized to introduce
triploid grass carp into public water in situations where the department has
determined that there is a management need, and when stocking will not affect
threatened or endangered species or other important species or
habitats.
(g) Stocking in private
ponds.
(1) Private ponds stocked with triploid
grass carp shall be designed and maintained such that escape, release, or
discharge of triploid grass carp from the private pond into public water is not
likely to occur.
(2) Prior to
stocking of triploid grass carp into a private pond, the landowner or their
agent must obtain a permit for stocking of live triploid grass carp.
(3) A permit for stocking of triploid grass
carp into private ponds is specific to the pond or ponds for which it is issued
and shall remain valid for a period of 36 months from the date of issuance. All
stocking must take place within the period of permit validity established by
this paragraph.
(4) No person
holding triploid grass carp in a private pond may sell, offer for sale, or
exchange triploid grass carp for money or anything of value.
(5) Upon reclassification of any county in
the conservation zone to stocking zone, the stocking zone provisions shall
apply to all future stockings in that county. Zones are as defined in §
57.111 of this title (relating to
Definitions).
(6) Within the
stocking zone, permit applications requesting ten or fewer triploid grass carp
require administrative review only. The application shall be submitted at least
14 days prior to the intended stocking.
(7) A person in possession of live triploid
grass carp stocked in a private pond must possess and retain for a period of
one year from the date the grass carp were obtained or as long as the grass
carp are in the water, whichever is longer:
(A) an exotic species transport invoice as
described in §
57.121 of this title (relating to
Transport of Live Controlled Exotic Species) or an aquatic product transport
invoice from a lawful out-of-state source in compliance with Parks and Wildlife
Code, §
47.0181;
and
(B) 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.
(8) A person in
possession of live triploid grass carp shall provide the documentation required
by paragraph (7) of this subsection to the new property owner upon change of
ownership of the property as proof of lawful possession of triploid grass carp.
Possession of the documentation described in paragraph (7) of this subsection
shall be maintained so long as a person possesses any live triploid grass
carp.
(9) Except as provided in
paragraph (8) of this subsection, triploid grass carp stocked in a private pond
must be killed in accordance with the provisions of §
57.113 of this title (relating to
General Provisions and Exceptions) prior to being transported or transferred to
another person.
(10) A person in
possession of live triploid grass carp may not modify the pond or ponds for
which stocking was permitted in any way that could result in increased risk of
escape, release, or discharge of controlled exotic species into public
water.
Notes
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