| (a) An applicant for a permit under this subchapter
shall complete and submit an application to the department on a form
supplied by the department, accompanied by the fee prescribed by §53.15
of this title (relating to Miscellaneous Fisheries and Wildlife Licenses
and Permits).
(b) Except for applications for offshore aquaculture
permits, an application must be received by the department at least
30 days before the proposed introduction.
(c) An application for an offshore aquaculture facility:
(1) must be received by the department at least 90
days prior to the proposed deployment of any enclosure or infrastructure;
(2) must include:
(A) The name, address, and telephone number of the
owner(s) of the facility and all stock;
(B) proof that the applicant has obtained:
(i) a valid license issued by the Texas Department
of Agriculture to operate an aquaculture facility (Agriculture Code
Chapter 134);
(ii) all applicable state and/or federal permits or
authorizations relating to water quality standards;
(iii) all applicable state and federal permits, authorizations,
or clearances related to navigational hazards; and
(iv) any approval or permit required by the General
Land Office;
(C) a clear and concise facility design, including
scale plans and schematics of all infrastructure that, as determined
by the department, is sufficient to:
(i) prevent the escape of stock from the facility;
and
(ii) protect wildlife resources adjacent to the facility
from:
(I) disease transmission from stock;
(II) the discharge of pollutants produced from feed
or waste materials into public waters, including discharges resulting
directly or indirectly from extreme weather conditions or physical
collision;
(III) the escape of stock from the facility as a result
of extreme weather conditions or physical collision; and
(IV) death or injury from ensnarement, entanglement,
collision, or other physical interactions with enclosures or facility
infrastructure;
(D) a clear and concise operations plan, which shall
include best management practices that minimize potentially harmful
discharges into public waters from the facility;
(E) a prospective timeline of proposed activities,
by species, from the time of introduction to the time of harvest or
removal for each enclosure;
(F) a plan for removing all stock from the facility
within 72 hours of notice from the department under §57.252 of
this title (relating to General Provisions); and
(G) a statement that all stock meets the requirements
of §57.252 of this title.
(d) If the application is in the name of an entity
other than an individual person or persons, the application must include
a certificate of existence from the Texas Secretary of State and a
franchise tax certification of account status from the Texas Comptroller
of Accounts.
(e) The department may require the applicant to submit
any other information that the department determines is necessary
to evaluate the application or protect state resources.
(f) An applicant for a permit under this subchapter
may request a review of a decision of the department to refuse issuance
of a permit or permit renewal.
(1) An applicant seeking review of a decision of the
department with respect to permit issuance under this subchapter shall
first contact the department within 10 working days of being notified
by the department of permit denial.
(2) The department shall conduct the review and notify
the applicant of the results within 10 working days of receiving a
request for review. The decision of the review panel shall be final.
(3) The request for review shall be presented to a
review panel. The review panel shall consist of the following:
(A) the Deputy Executive Director for Natural Resources
(or his or her designee);
(B) the Director of the Coastal Fisheries Division;
and
(C) the Deputy Director of the Coastal Fisheries Division.
|
| Source Note: The provisions of this §57.253 adopted to be effective April 11, 2007, 32 TexReg 2012; amended to be effective July 29, 2008, 33 TexReg 5979; amended to be effective June 12, 2013, 38 TexReg 3644 |
