31 Tex. Admin. Code § 57.121 - Transport of Live Controlled Exotic Species
(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.
(2) private pond owners transporting tilapia
or triploid grass carp to a private pond for stocking purposes in possession
of:
(A) a properly executed transport invoice
if obtained from a permit holder; or
(B) an aquatic product transport invoice in
compliance with Parks and Wildlife Code, §
47.0181 if
obtained from a lawful out-of-state source; and
(C) for triploid grass carp, a copy of the
permit for stocking triploid grass carp.
(3) a common carrier, provided that the
shipment is:
(A) transported by aircraft from
a point outside the state of Texas to a destination outside of the state of
Texas;
(B) is not moved overland
within the state of Texas; and
(C)
is accompanied at all times by documentation of compliance with all applicable
local source and destination, federal, and international regulations and
statutes.
(4) a common
carrier, provided the shipment is accompanied at all times by:
(A) a properly executed transport invoice
generated by a controlled exotic species permit holder as described in
subsection (c) of this section; or
(B) for triploid grass carp obtained from a
lawful out-of-state source transported to a private pond for the purpose of
stocking under a permit issued in accordance with §
57.116 of this title (relating to
Special Provisions--Triploid Grass Carp):
(i)
a copy of the permit for stocking of triploid grass carp;
(ii) an aquatic product transport invoice in
compliance with Parks and Wildlife Code, §
47.0181;
and
(iii) 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.
(b) Water spinach transport. Water spinach
transport requirements are described in §
57.118 of this title (relating to
Special Provisions--Water Spinach).
(c) Transport invoice.
(1) A separate transport invoice shall be
generated by the controlled exotic species permit holder for each delivery
location in advance of transport except as provided in §
57.118 of this title and shall
accompany the controlled exotic species during transit.
(2) A transport invoice shall contain the
following information, legibly written:
(A)
date of shipment;
(B) for the
controlled exotic species permit holder from whom the controlled exotic species
was obtained:
(i) name;
(ii) facility address;
(iii) phone number; and
(iv) controlled exotic species permit number,
if applicable;
(C) for
the person or entity to whom the controlled exotic species is being
transported:
(i) name;
(ii) physical address including county where
the controlled exotic species will be possessed if different from the mailing
address (not a post office box);
(iii) phone number; and
(iv) controlled exotic species permit number,
if applicable;
(D)
species being transported--for each species listed on the transport invoice,
provide:
(i) the common and scientific names
as they appear on the controlled exotic species permit; and
(ii) the number or weight, by size class;
and
(E) type of
transport--import, export, or intrastate (within Texas).
(d) Interstate transit.
(1) The holder of a controlled exotic species
special purpose permit for interstate transit may transport live or viable
controlled exotic species from a point outside of Texas via a route through
Texas to another point outside of Texas in accordance with this
subsection.
(2) The department may
issue a transit permit that is valid for a single use or for a period of one
year. Permits issued for one year shall expire on December 31.
(3) An annual or single-use transit permit
may be obtained by completing and submitting an application on a department
form and payment of the fee as specified in §
53.15 of this title (relating to
Miscellaneous Fisheries and Wildlife Licenses and Permits). The initial
application for a transit permit shall be submitted at least 30 days prior to
any intended transit activity.
(4)
A person transporting controlled exotic species under the provisions of this
subsection shall physically possess a copy of the transit permit at all times
during transit and be able to provide documentation accounting for all
controlled exotic species being transported.
(5) A person transporting controlled exotic
species under a transit permit shall ensure that:
(A) controlled exotic species are securely
contained at all times;
(B)
controlled exotic species are not offloaded or transferred; and
(C) the department is notified immediately
following any incident resulting in inadvertent escape, release, or discharge
of controlled exotic species from containment, in accordance with permit
provisions.
(6) For each
intended transit, a notice shall be submitted on a department form. The
completed notice form shall be submitted with the initial application for a
single-use transit permit and at least 24 hours prior to any each intended
transit under an annual transit permit. All notices must include:
(A) the dates and times that the permit
holder expects to enter and depart the state of Texas while in possession of
controlled exotic species;
(B) the
common and scientific names of each controlled exotic species to be
transported;
(C) the quantity
(volumetric, number, weight, or other measurement convention) of each
controlled exotic species being transported;
(D) the specific points of origin and
destination of each controlled exotic species being transported;
(E) the specific route the transport will
follow, including the locations where the transporter will enter and depart the
state of Texas;
(F) a description
of the make, model, and color of the vehicle, trailer, or other conveyance to
be employed in transport and license plate numbers; and
(G) the name, driver's license number, and
contact numbers of the driver or contact information for the commercial shipper
transporting the controlled exotic species through the state of
Texas.
Notes
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