31 Tex. Admin. Code § 57.253 - Permit Application
(a) An applicant
for a permit under this subchapter shall complete and submit an application to
the department on a form supplied by the department, accompanied by the fee
prescribed by §
53.15 of this title (relating to
Miscellaneous Fisheries and Wildlife Licenses and Permits).
(b) Except for applications for offshore
aquaculture permits, an application must be received by the department at least
30 days before the proposed introduction.
(c) An application for an offshore
aquaculture facility:
(1) must be received by
the department at least 90 days prior to the proposed deployment of any
enclosure or infrastructure;
(2)
must include:
(A) The name, address, and
telephone number of the owner(s) of the facility and all stock;
(B) proof that the applicant has obtained:
(i) a valid license issued by the Texas
Department of Agriculture to operate an aquaculture facility (Agriculture Code
Chapter 134);
(ii) all applicable
state and/or federal permits or authorizations relating to water quality
standards;
(iii) all applicable
state and federal permits, authorizations, or clearances related to
navigational hazards; and
(iv) any
approval or permit required by the General Land Office;
(C) a clear and concise facility design,
including scale plans and schematics of all infrastructure that, as determined
by the department, is sufficient to:
(i)
prevent the escape of stock from the facility; and
(ii) protect wildlife resources adjacent to
the facility from:
(I) disease transmission
from stock;
(II) the discharge of
pollutants produced from feed or waste materials into public waters, including
discharges resulting directly or indirectly from extreme weather conditions or
physical collision;
(III) the
escape of stock from the facility as a result of extreme weather conditions or
physical collision; and
(IV) death
or injury from ensnarement, entanglement, collision, or other physical
interactions with enclosures or facility infrastructure;
(D) a clear and concise operations
plan, which shall include best management practices that minimize potentially
harmful discharges into public waters from the facility;
(E) a prospective timeline of proposed
activities, by species, from the time of introduction to the time of harvest or
removal for each enclosure;
(F) a
plan for removing all stock from the facility within 72 hours of notice from
the department under §
57.252 of this title (relating to
General Provisions); and
(G) a
statement that all stock meets the requirements of §
57.252 of this title.
(d) If the application
is in the name of an entity other than an individual person or persons, the
application must include a certificate of existence from the Texas Secretary of
State and a franchise tax certification of account status from the Texas
Comptroller of Accounts.
(e) The
department may require the applicant to submit any other information that the
department determines is necessary to evaluate the application or protect state
resources.
(f) An applicant for a
permit under this subchapter may request a review of a decision of the
department to refuse issuance of a permit or permit renewal.
(1) An applicant seeking review of a decision
of the department with respect to permit issuance under this subchapter shall
first contact the department within 10 working days of being notified by the
department of permit denial.
(2)
The department shall conduct the review and notify the applicant of the results
within 10 working days of receiving a request for review. The decision of the
review panel shall be final.
(3)
The request for review shall be presented to a review panel. The review panel
shall consist of the following:
(A) the Deputy
Executive Director for Natural Resources (or his or her designee);
(B) the Director of the Coastal Fisheries
Division; and
(C) the Deputy
Director of the Coastal Fisheries Division.
Notes
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