| (a) Interstate transit permits. Interstate transit
permit application, issuance, and period of validity are described
in §57.121 of this title (relating to Transport of Live Controlled
Exotic Species).
(b) Permit application.
(1) Submission deadline. An initial application for
any permit under this subchapter shall be submitted at least 30 days
prior to any prospective activity involving controlled exotic species.
(2) General requirements. An applicant for any permit
under this subchapter shall submit:
(A) Application--a completed and signed application
for the appropriate permit on a form supplied by the department;
(B) Applicant information--Texas driver's license or
identification number, Social Security number, and date of birth for
the applicant and each manager or other person who is to supervise
permitted activities;
(C) Additional required documentation--as described
in subsection (3) of this section or otherwise specified by this subchapter;
and
(D) Fees--the appropriate fee specified in §53.15
of this title (relating to Miscellaneous Fisheries and Wildlife Licenses
and Permits), except that fees shall be waived for:
(i) public school educational programs meeting the
conditions in Parks and Wildlife Code, §66.007(c-1) provided
that the applicant submits a written request for a fee waiver, including
course descriptions or curriculum demonstrating controlled exotic
species will be part of an educational program that includes tilapia
aquaculture and hydroponics.
(ii) physical removal of controlled exotic species
of plants from public water in accordance with an approved treatment
proposal in accordance with §57.932 of this title (relating to
State Aquatic Vegetation Plan).
(iii) stocking triploid grass carp in public water.
(3) Additional documentation requirements.
(A) Required licenses. Applicants for limited special
purpose permits for private pond stocking shall submit a copy of a
retail or wholesale dealer's license, as applicable, in accordance
with Parks and Wildlife Code, Chapter 47.
(B) Wastewater discharge authorization. Applicants
for commercial aquaculture facility permits shall submit documentation
required by §57.120 of this title (relating to Facility Wastewater
Discharge Requirements).
(C) Nuisance Aquatic Vegetation treatment proposal.
Applicants for a permit to possess, transport, and dispose controlled
exotic species of plants shall also submit a treatment proposal on
a department form in accordance with §57.932 of this title that
includes maps showing the location where plant removal and/or disposal
is to occur and routes from the removal location to the location for
disposal of controlled exotic species of plants.
(D) Facility map. Applicants for commercial aquaculture
facility permits, biological control production permits, zoological
display or research permits with outdoor holding facilities, or limited
special purpose permits for wastewater treatment shall submit an accurate
map or aerial photograph of the facility location with the initial
application. For facilities located within the 100-year flood plain,
a professionally surveyed map may be required by the department. Maps
shall be clearly labeled to indicate, at a minimum, the location of:
(i) any facility ponds, greenhouses, recirculating
aquaculture systems or other infrastructure used to possess, propagate,
culture, or transport controlled exotic species;
(ii) all drainage routes and structures, including
adjacent ditches or natural drainage features;
(iii) all points at which water, wastewater, or waste
is capable of being discharged or else noting that the facility does
not discharge; and
(iv) all screens, barriers, or other structures that
are intended or serve to prevent escape, release, discharge, or unauthorized
removal of controlled exotic species.
(E) Emergency plan. Applicants for commercial aquaculture
facility permits, water spinach culture facility permits, research
permits (when live controlled exotic species are possessed), zoological
display permits, and biological control production permits shall submit
a written emergency plan, on the appropriate department form, demonstrating
that the applicant has identified measures sufficient to prevent escape,
release, or discharge of controlled exotic species into public water
during a natural event such as a hurricane or flood. Approved emergency
plan shall be posted and maintained on file at the facility.
(F) Research proposal and researcher qualifications.
An applicant for a permit to conduct scientific research involving
controlled exotic species shall also submit a research proposal and
documentation of applicant qualifications to conduct controlled exotic
species research.
(G) Biological control production plan. An applicant
for a permit to culture controlled exotic species of plants as hosts
for the purposes of production of biological control agents shall
also submit a written production plan statement to include, at a minimum:
(i) the proposed number of biological control agents,
if any, to be collected from public waters each year;
(ii) the expected production of the controlled exotic
species of plants in acres or square feet; and
(iii) the intended use of the biological control agents
including water bodies where the biological control agents may be
introduced.
(c) Permit issuance. The department will not issue
a permit under this subchapter for any purpose until:
(1) the application and additional documentation required
by this section are determined to be adequate and complete;
(2) fees have been submitted, if applicable;
(3) facility has been inspected and approved in accordance
with the requirements of §57.119 of this title (relating to Minimum
Facility Requirements), if applicable; and
(4) the department has determined that the prospective
activity is consistent with the department's management policies and
goals and will not detrimentally affect threatened or endangered species
or their habitat or affect existing biological ecosystems.
(d) Period of validity. Unless otherwise provided in
this subchapter, a controlled exotic species permit issued under this
subchapter is valid from the date of issuance until December 31 of
the year of issuance, except that a permit to physically remove controlled
exotic plants from public water in accordance with an approved vegetation
treatment proposal shall have the same period of validity as the vegetation
treatment proposal, as specified in the guidance document required
by §57.932 of this title.
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