| (a) General facility requirements.
(1) Unless specifically provided otherwise under this
subchapter or the conditions of a permit issued under this subchapter,
a facility operating under a controlled exotic species permit shall:
(A) prominently display a copy of the permit at the
facility for which it was issued;
(B) be maintained in compliance with the standards
set forth in this section at all times unless the department has been
notified that facility repairs are necessary;
(C) satisfactorily demonstrate to the department at
intervals of no more than five years, unless longer intervals are
approved by the department based on systematic risk analysis, that
activities authorized under this subchapter are conducted in compliance
with the requirements of this subchapter and the facility is maintained
in such a way as to prevent escape, release, or discharge of controlled
exotic species; and
(D) train staff on permit conditions and requirements
and ensure staff are prepared to implement the facility's department-approved
emergency plan to prevent escape, release, or discharge of controlled
exotic species into public water during a natural disaster such as
a hurricane or flood.
(2) For limited special purpose permit holders who
purchase, transport, and sell controlled exotic species for stocking
in private ponds, a facility is not required. Required records shall
be made available to department staff for inspection during normal
business hours within 72 hours following a request by the department.
(3) Any facility containing controlled exotic species
shall have security measures in place to minimize to the extent practicable
the risk of unauthorized removal of controlled exotic species.
(4) The department may prescribe additional security
measures as a condition of a permit upon determining that the facility
requirements described in this section are not feasible or may not
be sufficient to minimize risk of escape, release, or discharge or
impacts to native species and ecosystems.
(b) Water spinach culture facility requirements. Water
spinach culture facility requirements are described in §57.118
of this title (relating to Special Provisions--Water Spinach).
(c) Commercial aquaculture facility requirements.
(1) A facility holding controlled exotic species shall
be designed to prevent escape, release, or discharge of controlled
exotic species or unauthorized discharge of wastewater by means of
appropriately designed and constructed screens, barriers, filters,
recirculating aquaculture systems, or other methods that are approved
by the department. All screens, barriers, or other approved devices
intended to prevent escape, release, or discharge as required under
this section shall be specified in the conditions of the permit and
must be properly maintained at all times.
(2) If the facility employs screens to comply with
the provisions of this section:
(A) screens must have a mesh size that is capable of
preventing the passage of controlled exotic species at the smallest
life stage present in the facility at the time of discharge;
(B) screens must be redundant or otherwise designed
and constructed such that the level of protection against escape,
release, or discharge of controlled exotic species is not reduced
if a screen is damaged or must be removed to accomplish cleaning,
repair, or other maintenance; and
(C) wastewater discharged from the facility must be
routed through all screens in accordance with department approval
prior to the point where wastewater leaves the facility.
(3) In addition to any other requirements of this subchapter,
any portion of a facility that is to contain controlled exotic species
and is located within the 100-year flood plain (referred to as Zone
A on the National Flood Insurance Program Flood Insurance Rate Map)
must be elevated above the 100-year floodplain or enclosed within
an earthen or concrete dike or levee constructed in such a manner
as to exclude all flood waters. No section of the crest of the dike
or levee or building foundation, as applicable, may be less than one
foot above the 100-year flood elevation. Dike and levee design and
construction must be approved by the department.
(4) Facility Complex. For a facility that is part of
a facility complex, the following additional facility standards apply:
(A) For a facility complex with a common drainage,
each permit holder shall:
(i) maintain at least one screen or barrier capable
of preventing the escape, release, or discharge of controlled exotic
species into a common drainage; and
(ii) have authority to stop the discharge of wastewater
from the entire complex in the event of escape, release, or discharge
of controlled exotic species from the permit holder's facility.
(B) In addition to any other requirements of this subchapter,
a permit holder whose facility is part of a facility complex shall
ensure the installation of signage that clearly identifies each pond
or other component of the permit holder's facility. Signage required
by this section must:
(i) be legible;
(ii) bear the name and permit number of the permit
holder;
(iii) be within 10 feet of the authorized pond or other
facility component; and
(iv) correspond to the location of the pond or other
facility component as indicated on the map provided to the department
as required by §57.122 of this title (relating to Permit Application,
Issuance, and Period of Validity).
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