|(a) An offshore aquaculture permit under this subchapter
may be issued to an individual, corporation, company, or other entity
that meets all requirements of Texas law for transacting business
in this state and the requirements of this subchapter applicable to
offshore aquaculture permits.
(b) A permit under this subchapter other than for an
offshore aquaculture facility may be issued to a named individual
only and not to a corporation, partnership, or other entity.
(c) A permit issued under this subchapter shall not
be sold or transferred except with the approval of the department.
(d) Except as provided by the terms and conditions
of the permit, a one-time introduction permit, for releases other
than those made into an offshore aquaculture facility, is valid for
60 days from the date of issuance or until the permitted introduction
has been completed, whichever comes first.
(e) For offshore aquaculture facilities:
(1) An offshore aquaculture permit authorizes permitted
activities in a designated area within the offshore aquaculture zone.
(2) The offshore aquaculture permit shall be issued
only for the cultivation of native species. Upon request the permittee
shall provide the form and type of evidence requested by the department
that the individuals are:
(A) obtained from the Gulf of Mexico; or
(B) descended solely from individuals obtained from
the Gulf of Mexico.
(3) An offshore aquaculture permit shall be valid from
the date of issuance until the date of expiration, but for no longer
than 5 years after the issuance date.
(4) The department may inspect:
(A) any enclosure or infrastructure used to engage
in offshore aquaculture; or
(B) vessel used to transport stock and equipment to
and from an offshore aquaculture facility.
(5) In the event that a single enclosure suffers a
mortality rate of five percent of more within seven days, the permittee
shall, within 48 hours of suffering the five percent mortality rate,
submit samples to a department-approved aquatic veterinarian to determine
whether a disease condition exists.
(6) The department may order the removal of all stock
from an enclosure or take other appropriate action upon:
(A) a determination that a disease condition exists;
(B) an enforcement action by a federal or state agency
resulting in the suspension or revocation of a clearance, permit,
or authorization that is required under §57.253 of this title
(relating to Permit Application).
(7) The department may sample stock to determine genetic
(f) A holder of an offshore aquaculture permit must:
(1) notify the department at least three calendar days
prior to the placing of any fish, shellfish, or aquatic plant into
(2) notify the department at least three calendar days
prior to removing any fish, shellfish, or aquatic plant from an offshore
(3) notify the department immediately upon discovering
that a disease condition exists within an offshore aquaculture facility;
(4) notify the department immediately upon determining
that an offshore aquaculture facility has been damaged and the threat
of the unintentional release of stock exists; and
(5) remove all enclosures and associated infrastructure
from public waters within (60) calendar days of permit expiration
(g) A permit is not required for any person, while
fishing, to place goldfish (Carassius auratus), common carp (Cyprinus
carpio), native shrimp, crabs, crawfish and nongame fish into public
waters or to immediately release any fish that does not comply with
size and bag limits for that species.
(h) An employee of the department acting at the direction
of the executive director is exempt from the permit requirements specified
by these sections.
|Source Note: The provisions of this §57.252 adopted to be effective April 11, 2007, 32 TexReg 2012; amended to be effective March 23, 2008, 33 TexReg 2547; amended to be effective July 29, 2008, 33 TexReg 5979; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective July 9, 2017, 42 TexReg 3387