| (a) The department may order a permit holder in writing
to cease possession, importation, exportation, sale, purchase, transportation,
propagation, or culture of controlled exotic species until such time
as clearly stated conditions are met and prescribe a disposition protocol
in accordance with §57.113(m) of this title (relating to General
Provisions and Exceptions), if:
(1) the department determines that there is a threat
of escape, release, or discharge of controlled exotic species and/or
potential threat to native species or ecosystems; or
(2) the permit holder's permit, authorization, or exemption
is revoked or suspended by
the Texas Commission on Environmental Quality (TCEQ); or
(3) the permit holder fails to renew a permit, authorization,
or exemption issued by the TCEQ.
(b) If a permit holder chooses to discontinue permitted
activities involving controlled exotic species, the permit holder
shall:
(1) notify the department at least 14 days prior to
permit expiration or expected date permitted activities will be discontinued;
(2) lawfully sell, transfer, or destroy all remaining
inventory of the species in possession prior to permit expiration
or expected date upon which permitted activities will be discontinued;
and
(3) provide a final report to the department, if applicable,
within 30 days following discontinuation of activities and in accordance
with the provisions of §57.125 of this title (relating to Reporting,
Recordkeeping, and Notification Requirements).
(c) If a permit holder intends to sell a facility containing
controlled exotic species along with remaining inventory of the species
in possession, the permit holder shall inform in the department in
writing of intent to sell at least 14 days in advance of expected
closing date and notify the department within 72 hours of finalizing
the sale of the facility and provide the name, address, and phone
number of the purchaser.
(d) Transitional Operation. A permitted facility may
continue to operate under the permit in effect for the facility following
a change in ownership provided:
(1) the facility is in compliance with the provisions
of this subchapter;
(2) the new owner submits an application for a controlled
exotic species permit to the department in accordance with §57.122
of this title (relating to Permit Application, Issuance, and Period
of Validity); and
(3) the new owner provides proof to the department
that the necessary permits from the TCEQ as identified in §57.122
of this title have been obtained or applications submitted in compliance
with all applicable regulations ; and
(4) the department provides written approval of transitional
operation until such time as the necessary wastewater and aquaculture
permits are:
(A) issued by the regulatory authority and the controlled
exotic species permit is issued by the department; or
(B) denied by the regulatory authority.
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