Presenter: Joedy Gray

Commission Agenda Item No. 2
Action
Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants Repeal and New Rules
November 1997

I. Discussion: Staff is proposing repeal of §§57.134 and 57.136, amendments to §§57.111, 57.113 and 57.114 and new §§57.134-57.136 concerning Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants.

Amendments to §57.111 will add the families Synbranchidae (rice eels/swamp eels/one-gilled eels) and Anguillidae except for Anguilla rostrata to the prohibited fish species list and add the definitions for the terms disease, disease-free, waste, and water in the state.

Amendments to §57.113 will authorize the sale of Pacific blue shrimp (Penaeus stylirostris) when this species is grown in quarantined aquaculture facilities outside the harmful or potentially harmful exotic species exclusion zone.

Amendments to §57.114 will provide for the quarantine of pathogen-infected exotic shellfish, require immediate notification of the Department in the event of mortalities in exotic shellfish stocks, and clarify the requirement for certification of exotic shellfish stocks as disease-free by a Department approved shellfish disease specialist.

Proposed new §57.134, concerning Wastewater Discharge Authorization Requirement, will require applicants for renewals of exotic species permits to demonstrate that they possess or have applied for and are diligently pursuing the appropriate authorization or written exemptions from the Texas Natural Resource Conservation Commission (TNRCC) if the facility is designed such that a discharge of waste into or adjacent to water in the state will or may occur.

The proposed new rules were published in the Texas Register (22 TexReg 9856). Staff will address any public comments received prior to the November Commission Meeting.

II. Recommendation: The staff recommends the Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts proposed new rules concerning the Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants rules as shown in Exhibit A."

Attachments - 2

1. Exhibit A - Proposed Adoption of New Harmful or Potentially Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants Rules
2. Exhibit B - Fiscal Note

(Exhibits A and B are available upon request.)


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