| (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 waters
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
Cont'd... |
