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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 §57.114Controlled Exotic Species Permits

(a) Water spinach Culture. Controlled exotic species facility permits may be issued for culture, transport, and sale of water spinach, in accordance with the provisions of this subchapter and §57.118 of this title (relating to Special Provisions--Water Spinach).

(b) Commercial Aquaculture Facility Permits.

  (1) Controlled exotic species facility permits may be issued for commercial aquaculture, in accordance with the provisions of this subchapter, only for the following species:

    (A) Triploid grass carp (Ctenopharyngodon idella) in compliance with the provisions of §57.116 of this title (relating to Special Provisions--Triploid Grass Carp);

    (B) Blue tilapia (Oreochromis aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids of these species in compliance with the provisions of §57.115 of this title (relating to Special Provisions--Tilapia); and

    (C) Pacific white shrimp (Litopenaeus vannamei) or Pacific blue shrimp (L. stylirostris) in compliance with the provisions of §57.117 of this title (relating to Special Provisions--Shrimp Aquaculture and Health Certification).

  (2) No person may participate in commercial aquaculture activity for which a permit under this subchapter is required unless they are an authorized person on the permit or supervised by an authorized person on the permit.

(c) Research. Controlled exotic species facility permits may be issued for research that benefits indigenous species or ecosystems and/or provides insight on ecology, risks, impacts, or management approaches for controlled exotic species. The sale of controlled exotic species under a research permit is prohibited unless authorized by written approval of the Director of the Coastal Fisheries Division or Inland Fisheries Division (or their designee), as applicable.

(d) Biological Control Production. Controlled exotic species facility permits may be issued for purposes of production of biological control agents for management of controlled exotic species of plants.

(e) Zoological Display. Permits may be issued for display of controlled exotic species in a zoological facility in accordance with the provisions of this subchapter. The sale or intentional propagation of controlled exotic species under this permit is prohibited.

(f) Limited Special Purpose Permits. Permits may be issued for:

  (1) sale (for purposes of private pond stocking) of live triploid grass carp or tilapia purchased from a commercial aquaculture facility permit holder or lawful out-of-state source or sale by a lawful out-of-state supplier. Holding in a facility in Texas for more than 72 hours, holding in a facility that discharges, and aquaculture of these species is prohibited under this permit;

  (2) introduction into public water or private pond stocking of live triploid grass carp, in accordance with the provisions of this subchapter and §57.116 of this title (relating to Special Provisions--Triploid Grass Carp);

  (3) interstate transit of controlled exotic species;

  (4) possession and disposal of controlled exotic species of plants from public or private waters;

  (5) possession of controlled exotic species of plants for wastewater treatment by a wastewater treatment facility; and

  (6) possession, transport, and disposal activities not otherwise authorized by the provisions of §57.113 of this title (relating to General Provisions and Exceptions).


Source Note: The provisions of this §57.114 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective November 21, 2022, 47 TexReg 7743

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