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RULE §57.954Terms of Public Reefing Agreement (PRA)

(a) A PRA shall include provisions for:

  (1) the material to be used in the reef construction;

  (2) the staging area of the material identified in paragraph (1) of this subsection;

  (3) the methods and procedures to be employed in the preparation and deployment of the reef materials;

  (4) the dates and times of all activities involving the movement or deployment of reef materials;

  (5) a period of validity, not to exceed 90 days, with the option of a one-time, 90-day extension of the PRA upon receipt of a written request explaining the need for an extension. The PRA may be amended based on the reasons for the extension and/or a renewal of a PRA.

  (6) notification of the department no less than 72 hours prior to the departure of reef materials for deployment, to include:

    (A) the vessel registration number of each vessel;

    (B) the date and time of departure of each vessel; and

    (C) the estimated time of arrival at the deployment site;

  (7) the submission of the GPS coordinates of all deployments to the department within five business days following deployment;

  (8) a statement attesting that the applicant has read and understands the provisions of this subchapter and the contents of the most current version of the department publication entitled "The Texas Public Reef Building Program; Standard Operating Protocol and Guidelines"; and

  (9) any other stipulations, restrictions, or conditions determined by the department to be necessary, based on the particulars of the application.

(b) A PRA may include provisions for a reasonable performance bond which is to be returned to the applicant when the reef material has been deployed and all requirements of the PRA have been fulfilled to the satisfaction of the department.

Source Note: The provisions of this §57.954 adopted to be effective January 4, 2007, 31 TexReg 10800

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