| (a) The department may issue a permit for introduction
of triploid grass carp into public water after finding that the introduction
is not likely to affect threatened or endangered species or interfere
with specific management objectives for other important species or
habitats.
(b) The department may issue a permit for stocking
of triploid grass carp in a private pond after finding that the triploid
grass carp are not likely to escape from the pond into public waters
in violation of Parks and Wildlife Code, §66.015, and that the
stocking is not likely to affect threatened or endangered species
or interfere with specific management objectives for other important
species or habitats.
(c) An applicant for a triploid grass carp permit for
private pond stocking shall, upon request, allow inspection of their
ponds or lakes by an employee of the department during normal business
hours for the purposes of evaluating whether the private pond meets
the criteria for permit issuance.
(d) Except as otherwise approved by the department,
the triploid grass carp stocking rate authorized by a permit shall
be determined by consideration of the surface area of the water body
to be stocked and the extent of the aquatic vegetation to be managed.
(e) Triploid grass carp may be purchased or obtained
only from:
(1) the holder of a valid controlled exotic species
permit that authorizes the sale of triploid grass carp; or
(2) directly from any lawful out-of-state source.
(f) The department is authorized to introduce triploid
grass carp into public water in situations where the department has
determined that there is a management need, and when stocking will
not affect threatened or endangered species or other important species
or habitats.
(g) Stocking in private ponds.
(1) Private ponds stocked with triploid grass carp
shall be designed and maintained such that escape, release, or discharge
of triploid grass carp from the private pond into public water is
not likely to occur.
(2) Prior to stocking of triploid grass carp into a
private pond, the landowner or their agent must obtain a permit for
stocking of live triploid grass carp.
(3) A permit for stocking of triploid grass carp into
private ponds is specific to the pond or ponds for which it is issued
and shall remain valid for a period of 36 months from the date of
issuance. All stocking must take place within the period of permit
validity established by this paragraph.
(4) No person holding triploid grass carp in a private
pond may sell, offer for sale, or exchange triploid grass carp for
money or anything of value.
(5) Upon reclassification of any county in the conservation
zone to stocking zone, the stocking zone provisions shall apply to
all future stockings in that county. Zones are as defined in §57.111
of this title (relating to Definitions).
(6) Within the stocking zone, permit applications requesting
ten or fewer triploid grass carp require administrative review only.
The application shall be submitted at least 14 days prior to the intended
stocking.
(7) A person in possession of live triploid grass carp
stocked in a private pond must possess and retain for a period of
one year from the date the grass carp were obtained or as long as
the grass carp are in the water, whichever is longer:
(A) an exotic species transport invoice as described
in §57.121 of this title (relating to Transport of Live Controlled
Exotic Species) or an aquatic product transport invoice from a lawful
out-of-state source in compliance with Parks and Wildlife Code, §47.0181;
and
(B) documentation that the grass carp have been certified
as triploid by the Grass Carp Inspection and Certification Inspection
Program operated by the U.S. Fish and Wildlife Service.
(8) A person in possession of live triploid grass carp
shall provide the documentation required by paragraph (7) of this
subsection to the new property owner upon change of ownership of the
property as proof of lawful possession of triploid grass carp. Possession
of the documentation described in paragraph (7) of this subsection
shall be maintained so long as a person possesses any live triploid
grass carp.
(9) Except as provided in paragraph (8) of this subsection,
triploid grass carp stocked in a private pond must be killed in accordance
with the provisions of §57.113 of this title (relating to General
Provisions and Exceptions) prior to being transported or transferred
to another person.
(10) A person in possession of live triploid grass
carp may not modify the pond or ponds for which stocking was permitted
in any way that could result in increased risk of escape, release,
or discharge of controlled exotic species into public water.
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