31 Tex. Admin. Code § 57.252 - General Provisions
(a) An offshore
aquaculture permit under this subchapter may be issued to an individual,
corporation, company, or other entity that meets all requirements of Texas law
for transacting business in this state and the requirements of this subchapter
applicable to offshore aquaculture permits.
(b) A permit under this subchapter other than
for an offshore aquaculture facility may be issued to a named individual only
and not to a corporation, partnership, or other entity.
(c) A permit issued under this subchapter
shall not be sold or transferred except with the approval of the
department.
(d) Except as provided
by the terms and conditions of the permit, a one-time introduction permit, for
releases other than those made into an offshore aquaculture facility, is valid
for 60 days from the date of issuance or until the permitted introduction has
been completed, whichever comes first.
(e) For offshore aquaculture facilities:
(1) An offshore aquaculture permit authorizes
permitted activities in a designated area within the offshore aquaculture
zone.
(2) The offshore aquaculture
permit shall be issued only for the cultivation of native species. Upon request
the permittee shall provide the form and type of evidence requested by the
department that the individuals are:
(A)
obtained from the Gulf of Mexico; or
(B) descended solely from individuals
obtained from the Gulf of Mexico.
(3) An offshore aquaculture permit shall be
valid from the date of issuance until the date of expiration, but for no longer
than 5 years after the issuance date.
(4) The department may inspect:
(A) any enclosure or infrastructure used to
engage in offshore aquaculture; or
(B) vessel used to transport stock and
equipment to and from an offshore aquaculture facility.
(5) In the event that a single enclosure
suffers a mortality rate of five percent of more within seven days, the
permittee shall, within 48 hours of suffering the five percent mortality rate,
submit samples to a department-approved aquatic veterinarian to determine
whether a disease condition exists.
(6) The department may order the removal of
all stock from an enclosure or take other appropriate action upon:
(A) a determination that a disease condition
exists; or
(B) an enforcement
action by a federal or state agency resulting in the suspension or revocation
of a clearance, permit, or authorization that is required under §
57.253 of this title (relating to
Permit Application).
(7)
The department may sample stock to determine genetic lineage.
(f) A holder of an offshore
aquaculture permit must:
(1) notify the
department at least three calendar days prior to the placing of any fish,
shellfish, or aquatic plant into public water;
(2) notify the department at least three
calendar days prior to removing any fish, shellfish, or aquatic plant from an
offshore aquaculture facility;
(3)
notify the department immediately upon discovering that a disease condition
exists within an offshore aquaculture facility;
(4) notify the department immediately upon
determining that an offshore aquaculture facility has been damaged and the
threat of the unintentional release of stock exists; and
(5) remove all enclosures and associated
infrastructure from public waters within (60) calendar days of permit
expiration or revocation.
(g) A permit is not required for any person,
while fishing, to place goldfish (Carassius auratus), common carp (Cyprinus
carpio), native shrimp, crabs, crawfish and nongame fish into public waters or
to immediately release any fish that does not comply with size and bag limits
for that species.
(h) An employee
of the department acting at the direction of the executive director is exempt
from the permit requirements specified by these sections.
Notes
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