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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 57FISHERIES
SUBCHAPTER AHARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS
RULE §57.111Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Active partner--A governmental, quasi-governmental, or non-governmental organization or other entity that is currently engaged in department-coordinated efforts to monitor and/or manage controlled exotic species in Texas as authorized by a letter of approval from the Director of the Inland Fisheries Division or Coastal Fisheries Division (or their designee) of the Texas Parks and Wildlife Department, as appropriate.

  (2) Agent--A person designated to conduct activities on behalf of any person or permit holder who is authorized by a controlled exotic species permit or other provision of this subchapter to conduct those activities. For the purposes of this subchapter, the term 'permit holder' includes their agent.

  (3) Aquaculture--As defined by Agriculture Code, §134.001(4).

  (4) Beheaded--The complete detachment of the head (that portion of the fish from the gills to the nose; that portion of the shrimp called the carapace) from the body.

  (5) Biological control agent--a natural enemy or predator of a plant or animal that can be used to control the growth, spread, or deleterious impact of that plant or animal.

  (6) Clinical Analysis Checklist--A department-approved form specifying sampling protocols and listing certain characteristics that may constitute manifestations of shrimp disease.

  (7) Commercial aquaculture facility--As defined in §134.001(7) of the Texas Agriculture Code.

  (8) Common carrier--A person or entity that is:

    (A) in the business of shipping goods or products; and

    (B) not a party to a transaction under a permit issued under this subchapter.

  (9) Controlled exotic species--Any species listed in §57.112 of this title (relating to Exotic Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants).

  (10) Controlled exotic species permit--Any permit issued under this subchapter that authorizes the import, export, propagation, possession, purchase, sale, and/or transport of a controlled exotic species.

  (11) Conveyance--Any means of transporting persons, goods, or equipment on the water.

  (12) Department--The Texas Parks and Wildlife Department or a designated employee of the department.

  (13) Director--The executive director of the Texas Parks and Wildlife Department.

  (14) Disease--Contagious pathogens or injurious parasites that may be a threat to the health of natural populations of aquatic organisms.

  (15) Disease-Free--A status, based on the results of an examination conducted by a department approved shellfish disease specialist that certifies a group of aquatic organisms as being free of disease.

  (16) Disease inspector--An employee of the department who is trained to perform clinical analysis of shrimp disease.

  (17) Disease specialist--A third-party person approved by the department that possesses the education and experience to identify shellfish disease, such as a degree in veterinary medicine or a Ph.D. specializing in shellfish disease.

  (18) Dock or pier--a structure built over and/or floating on water that is used to provide access to water and/or for the mooring of boats.

  (19) Emergency--A situation or event beyond the control of any person, including but not limited to a natural disaster, power outage, or fire.

  (20) Exotic shrimp exclusion zone--That part of the state that is both south of SH 21 and east of I-35, but not including Brazos County.

  (21) Exotic species--Any aquatic plant, fish, or shellfish not indigenous to this state.

  (22) Facility--Infrastructure including drainage structures at a location where controlled exotic species are possessed, propagated, cultured, or sold under a controlled exotic species permit excluding private waters permitted for triploid Grass Carp stocking in accordance with §57.116 of this title (relating to Special Provisions--Triploid Grass Carp).

  (23) Facility complex--A group of two or more facilities located at a common site and sharing water diversion or drainage structures.

  (24) Gill-cutting--Cutting through the base of the gills on the underside of the fish.

  (25) Manifestations of disease--Include, but are not limited to, one or more of the following: heavy or unusual predator activity, empty guts, emaciation, rostral deformity, digestive gland atrophy or necrosis, gross pathology of shell or underlying skin typical of viral infection, fragile or atypically soft shell, gill fouling, or gill discoloration.

  (26) Nauplius (nauplii, if plural)--A larval crustacean (phylum Arthropoda, subphylum Crustacea) having no trunk segmentation and only three pairs of appendages.

  (27) Post-larva (post-larvae, if plural)--A juvenile crustacean (phylum Arthropoda, subphylum Crustacea) having acquired a full complement of functional appendages.

  (28) Private pond--A pond or lake capable of holding exotic species of tilapia and/or triploid grass carp in confinement wholly within private land for non-commercial purposes.

  (29) Public water--As defined by Parks and Wildlife Code, §66.015, the bays, estuaries, and water of the Gulf of Mexico within the jurisdiction of the state, and the rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those waters where public access is available without discrimination.

  (30) Recirculating aquaculture system--A system for culturing fish that treats or reuses all or a major portion of the water and is designed for no direct offsite discharge of water.

  (31) Quarantine condition--Separation of exotic shellfish from other stocks of shellfish within a facility such that neither the shellfish nor the water in which they are or were maintained comes into contact with water in the state or with other fish and/or shellfish.

  (32) Tilapia and triploid grass carp regulatory zones--Geographic conservation priority zones identified by the department where special provisions apply. Zone designations by county are as follows:

    (A) Conservation zone. The conservation zone shall include the following counties: Andrews, Archer, Armstrong, Bailey, Bandera, Baylor, Bell, Bexar, Blanco, Borden, Brewster, Briscoe, Brown, Burnet, Callahan, Carson, Castro, Childress, Clay, Cochran, Coke, Coleman, Collingsworth, Comal, Concho, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Dawson, Deaf Smith, Dickens, Donley, Ector, Edwards, El Paso, Fisher, Floyd, Foard, Gaines, Garza, Gillespie, Glasscock, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Haskell, Hays, Hemphill, Hockley, Howard, Hudspeth, Hutchinson, Irion, Jeff Davis, Jones, Kendall, Kent, Kerr, Kimble, King, Kinney, Knox, Lamb, Lampasas, Lipscomb, Llano, Loving, Lubbock, Lynn, Martin, Mason, Maverick, McCulloch, Medina, Menard, Midland, Mills, Mitchell, Moore, Motley, Nolan, Ochiltree, Oldham, Parmer, Pecos, Potter, Presidio, Randall, Reagan, Real, Reeves, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Sherman, Stephens, Sterling, Stonewall, Sutton, Swisher, Taylor, Terrell, Terry, Throckmorton, Tom Green, Travis, Upton, Uvalde, Val Verde, Ward, Wheeler, Wichita, Wilbarger, Williamson, Winkler, Yoakum, Young, and Zavala.

    (B) Stocking zone. The stocking zone shall include the following counties: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bosque, Bowie, Brazoria, Brazos, Brooks, Burleson, Caldwell, Calhoun, Cameron, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Comanche, Cooke, Coryell, Dallas, Delta, Denton, DeWitt, Dimmit, Duval, Eastland, Ellis, Erath, Falls, Fannin, Fayette, Fort Bend, Franklin, Freestone, Frio, Galveston, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hamilton, Hardin, Harris, Harrison, Henderson, Hidalgo, Hill, Hood, Hopkins, Houston, Hunt, Jack, Jackson, Jasper, Jefferson, Jim Hogg, Jim Wells, Johnson, Karnes, Kaufman, Kenedy, Kleberg, La Salle, Lamar, Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, McMullen, Milam, Montague, Montgomery, Morris, Nacogdoches, Navarro, Newton, Nueces, Orange, Palo Pinto, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Smith, Somervell, Starr, Tarrant, Titus, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Washington, Webb, Wharton, Willacy, Wilson, Wise, Wood, and Zapata.

  (33) Triploid grass carp--A grass carp (Ctenopharyngodon idella) that has been certified by the United States Fish and Wildlife Service as having 72 chromosomes and as being functionally sterile.

  (34) Waste--As defined in Water Code, §26.001(6).

  (35) Water in the state--As defined in Water Code, §26.001(5).

  (36) Wastewater treatment facility--All contiguous land and fixtures, structures, and associated infrastructure, including drainage structures used for treating wastewater pursuant to a valid permit issued by the Texas Commission on Environmental Quality.


Source Note: The provisions of this §57.111 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective December 29, 1997, 22 TexReg 12535; amended to be effective June 21, 1998, 23 TexReg 6507; amended to be effective July 19, 2000, 25 TexReg 6772; amended to be effective April 30, 2001, 26 TexReg 3219; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective May 14, 2007, 32 TexReg 2665; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective January 27, 2021, 46 TexReg 556

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