The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Aquaculture--The business of producing and selling
cultured species raised in private facilities.
(2) Aquatic plant--All plants whose seeds germinate
in either the water phase or the substrate of a body of water and
which must spend part of the life cycle in water (Reid, G.K., and
R.O. Wood 1976, Ecology of Inland Waters and Estuaries).
(3) Disease condition--The presence of contagious pathogens
or injurious parasites known or clinically suspected of constituting
a threat to the health of native species of aquatic organisms.
(4) Enclosure--A structure in public water that is
capable of preventing the escape of the stock confined within it and
the entry of aquatic animal life from surrounding waters.
(5) Fishing--Taking or attempting to take aquatic animal
life by any means.
(6) Native species--All fish, shellfish, or aquatic
plants documented by the department to live, spawn, or reproduce in
Texas and whose first documented occurrence in Texas waters was not
the result of intentional or unintentional importation by man. This
includes those native species from Texas offshore waters encompassing
the Texas Territorial Sea and federal waters of the Exclusive Economic
Zone.
(7) Offshore aquaculture facility--All enclosures and
associated infrastructure used to produce, hold, propagate, transport,
or sell stock under authority of an offshore aquaculture permit.
(8) Offshore aquaculture zone--All waters of the Gulf
of Mexico seaward from the shoreline for a distance of three marine
leagues, but does not include bays, passes, rivers or other bodies
of water.
(9) Shellfish--Aquatic species of crustaceans and mollusks,
including oysters, clams, shrimp, prawns, and crabs of all varieties.
(10) Stock--Native species of fish, shellfish, or aquatic
plants intended for use in, being transported to, or contained within
an offshore aquaculture facility under the terms of an offshore aquaculture
permit.
(11) Waste--As defined in Water Code, §26.001.
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| Source Note: The provisions of this §57.251 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 June 12, 2013, 38 TexReg 3644 |
