(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.
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