| (a) Except as provided in this section or the provisions
of §57.113 of this title (relating to General Provisions and
Exceptions), no person may possess, import, export, sell, purchase,
transport, propagate, or culture, or offer to import, export, sell,
purchase, or transport tilapia unless the person is the holder of
a valid controlled exotic species permit and is in compliance with
the terms of the permit.
(b) Private ponds stocked with tilapia shall be designed
and maintained such that escape, release, or discharge of tilapia
from the pond into public water is not likely to occur.
(c) Non-commercial aquaculture. No permit is required
under this subchapter to purchase, possess, transport, or propagate
blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus), Nile
tilapia (O. niloticus), Wami tilapia (O. hornorum), and hybrids between
these species for non-commercial (i.e., no sale) aquaculture purposes
provided that:
(1) Live tilapia purchased in accordance with the provisions
of this subchapter are transported to the aquaculture location in
accordance with §57.121 of this title (relating to Transport
of Live Controlled Exotic Species);
(2) Tilapia are not sold, offered for sale, or exchanged
for money or anything of value;
(3) Tilapia are possessed solely in a recirculating
aquaculture system constructed such that:
(A) escape, release, or discharge of tilapia into public
water is not likely to occur; and
(B) no discharge of wastewater or waste into or adjacent
to water in the state is likely to occur;
(4) Adequate security measures are in place to prevent
unauthorized removal of tilapia; and
(5) Tilapia are killed in accordance with the provisions
of §57.113(e) of this title prior to being transferred to another
person or disposed.
(d) Stocking in private ponds.
(1) No person holding tilapia in a private pond may
sell, offer for sale, or exchange tilapia for money or anything of
value.
(2) Upon reclassification of any county in the stocking
zone to conservation zone, the conservation zone provisions shall
apply to all future stockings in that county.
(3) Conservation zone provisions. Prior to stocking
tilapia into a private pond in the conservation zone, the landowner
or their agent must obtain written approval from the department.
(A) Approval shall be requested by completing and submitting
a department form at least 30 days prior to the intended stocking.
The request shall contain the following information, legibly written:
(i) the name, address, and phone number of the person
requesting approval;
(ii) the specific address or coordinates of the location
of the private pond;
(iii) a map of the location with the pond clearly marked;
and
(iv) the proposed date and purpose of introduction.
(B) The department may provide approval for stocking
of blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus),
Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids
between these species into a private pond in the conservation zone
upon finding that the private pond is compliant with the provisions
of subsection (b) of this section and does not pose a significant
risk to species designated as endangered, threatened, or a Species
of Greatest Conservation Need.
(C) Written approval provided by the department for
stocking of tilapia into a private pond in the conservation zone is
specific to the pond for which approval was granted and is transferrable
with the sale of the property. Written approval shall not expire or
require renewal provided that the pond is not modified in any way
that could result in increased risk of escape, release, or discharge
of controlled exotic species into public water.
(4) Stocking zone provisions. In the stocking zone
no authorization or permit is required under this subchapter to purchase,
possess, transport, or stock into a private pond blue tilapia (O.
aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus),
Wami tilapia (O. hornorum), or hybrids between these species provided
that the private pond is compliant with the provisions of subsection
(b) of this section.
(5) Tilapia stocked in a private pond must be killed
in accordance with the provisions of §57.113(e) of this title
prior to being transported or transferred to another person.
(6) A person in possession of live tilapia stocked
in a private pond must possess and retain an exotic species transport
invoice provided by the seller as described in §57.121 of this
title for a period of one year from the date the tilapia were obtained
or as long as the tilapia are in the water, whichever is longer.
(e) Commercial sale of tilapia for pond stocking. No
tilapia may be stocked in or provided for the purpose of stocking
into private ponds within the conservation zone without the landowner
or their agent first obtaining written approval from the department
as described in subsection (d) of this section.
|
