Presenter: Joedy Gray

Commission Agenda Item No. 7
Action
Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants
June 2000

I. Discussion: Staff is proposing amendments to sections §§57.111, 57.113, 57.116, 57.118, 57.119, 57.123, 57.131 and 57.132. The proposed amendments are intended to simplify the permitting and reporting procedures.

Proposed amendments to will correct the scientific name for several species of penaeid shrimps referred to throughout the rules. Amendments to section §§57.113 and 57.118 will provide permits for removal of prohibited plant species from public waters and allow operators of wastewater treatment facilities to possess permitted exotic species for water treatment purposes. Amendments to §57.123 will require annual reports to be submitted to the department by permittees that import, transport, transfer or sell triploid grass carp.

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

"The Texas Parks and Wildlife Commission adopts proposed amendments to sections §§ 57.111, 57.113, 57.116, 57.118, 57.119, 57.123, 57.131 and 57.132 concerning Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants (located at Exhibit A) as published in the April 28, 2000, issue of the Texas Register (25 TexReg 3696)."

Attachments - 2
1. Exhibit A - Exotic Species Rules
2. Exhibit B - Fiscal Note (Available upon request)


Commission Agenda Item No. 7
Exhibit A

Harmful or Potentially Harmful
Exotic Fish, Shellfish and Aquatic Plants

1. Introduction.

The Texas Parks and Wildlife proposes amendments to §§57.111, 57.113, 57.116, 57.118, 57.119, 57.123, 57.131, and 57.132, concerning Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic Plants. The proposed amendments are intended to simplify the permitting and reporting procedures. The proposed amendments will correct the scientific name for several species of penaeid shrimps referred to throughout the rules. The amendments to §57.113 and §57.118 will provide permits for removal of prohibited plant species from public waters and allow operators of wastewater treatment facilities to possess permitted exotic species for water treatment purposes. The amendment to §57.123 will require annual reports to be submitted to the department by permittees that import, transport, transfer or sell triploid grass carp.

2. Fiscal Note.

Robin Reichers, staff economist, has determined that during the first five years the rules as proposed are in effect there will be no additional fiscal implications to state or local government as a result of administering and enforcing the sections.

3. Public Benefit – Cost Note.

Mr. Reichers also has determined that for each of the first five years that the amendments as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing the amendments as proposed will be the increased protection of aquatic animal life.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rule as proposed.

(C) The department has not filed a local impact statement with the Texas Employment Commission as required by Government Code, §2001.022, as this agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed amendment.

4. Request for Public Comments.

Comments on the proposed rule may be submitted to Joedy Gray, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389- 8037 or 1-800-792-1112. Comments must be received no later than 5:00 p.m., Monday May 30, 2000 in order to be considered.

5. Statutory Authority.

The amendments are proposed under Parks and Wildlife Code, §66.007, Chapter 66, which authorizes the department to make rules to carry out the provisions of that section.

The proposed amendments affect Texas Parks and Wildlife Code §66.007.

§57.111. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)-(14) (No change.)

(15) Harmful or potentially harmful exotic shellfish—

(A)-(D) (No change.)

(E) Penaeid Shrimp Family: Penaeidae—all species of genus Litopenaeus and Farfantepenaeus except L. setiferus, F. aztecus and F. duorarum [Penaeus except P. setiferus, P. aztecus, and P. duorarum].

(F) (No change.)

(16)-(33) (No change.)

§57.113. Exceptions.

(a) -(d) (No change.)

(e) A fish farmer who holds a valid exotic species permit issued by the department may possess, propagate, transport, or sell Pacific white shrimp (Litopenaeus [Penaeus] vannamei) provided the exotic shellfish meet disease free certification requirements listed in §57.114 of this title (relating to Health Certification of Exotic Shellfish) and as provided by conditions of the permit and these rules.

(f) An operator of a wastewater treatment facility in possession of a valid exotic species permit issued by the department may possess and transport permitted exotic species [water hyacinth (Eichornia crassipes)] to their facility only for the purpose of wastewater treatment.

(g) -(h) (No change.)

(i) A licensed retail or wholesale fish dealer is not required to have an exotic species permit to purchase or possess:

(1) live individuals of species or hybrids of species listed in subsection (d) [(c)] of this section held in the place of business, unless the retail or wholesale fish dealer propagates one or more of these species. However, such a dealer may sell or deliver these species to another person only if the intestines or head of the fish are removed; or

(2) Live Pacific white shrimp (Litopenaeus [Penaeus] vannamei) held in the place of business if the place of business is not located within the Harmful or Potentially Harmful Exotic Species Exclusion Zone. However, such a dealer may only sell or deliver this species to another person if the shrimp are dead and packaged on ice or frozen.

(j)-(k) (No change.)

(l) A fish farmer who holds a valid exotic species permit issued by the department may possess, propagate, transport and sell Pacific blue shrimp (Litopenaeus [Penaeus] sylirostris) provided the exotic shellfish are cultured under quarantine conditions in private facilities located outside the harmful or potentially harmful exotic species exclusion zone, and meet disease free certification requirements listed in §57.114 of this title (relating to Health Certification of Exotic Shellfish) and as provided by conditions of the permit and these rules.

(m) (No change.)

(n) An operator of a mechanical plant harvester in possession of a valid exotic species permit issued by the department may remove and dispose of prohibited plant species from public or private waters only by means authorized in the permit.

§57.116. Exotic Species Transport Invoice.

(a) (No change.)

(b) The exotic species transport invoice shall be provided by the permittee; one copy shall be retained by the permittee for a period of at least one year following shipping date and one copy shall be forwarded to the department's Exotic Species Program Leader [aquaculture coordinator].

(c)-(d) (No change.)

§57.118. Exotic Species Permit Issuance.

(a) The department may issue an Exotic Species Permit only to:

(1) (No change.)

(2) a wastewater treatment facility operator [only for possession and use of water hyacinth];

(3)-(4) (No change.)

(b)-(c) (No change.)

§57.119. Exotic Species Permit: Requirements for Permits.

(a) -(b) (No change.)

(c) If a permittee discontinues fish farming, research activities or public aquarium display involving harmful or potentially harmful exotic species or discontinues wastewater treatment [utilizing water hyacinth], the permittee shall:

(1) (No change.)

(2) notify the department's Exotic Species Program Leader [aquaculture coordinator] at least 14 days prior to cessation of operation.

(d) (No change.)

(e) In the event that the fish farm, private facilities or a wastewater treatment facility of a permit holder appears in imminent danger of overflow, flooding, or release of harmful or potentially harmful exotic fish, shellfish or aquatic plants into public water, the permittee shall:

(1) immediately notify the department [aquaculture coordinator];

(2) (No change.)

(f) Except in case of an emergency, a holder of an exotic species permit authorizing possession of Litoenaeus [Penaeus] vannamei must notify the department at least 72 hours prior to, but not more than seven days prior to any harvesting of permitted shellfish. In an emergency beyond the control of the permittee, notification of harvest must be made as early as practicable prior to beginning of harvest operations.

(g) -(h) (No change.)

(i) A holder of an exotic species permit must notify the department's Exotic Species Program Leader [aquaculture coordinator] in the event of escapement or release of harmful or potentially harmful exotic fish or shellfish, within two hours of discovery.

(j) -(k)m (No change.)

(l) A permittee must notify the department's Exotic Species Program Leader [aquaculture coordinator] in the event of change of ownership of the fish farm named in that permittee's exotic species permit. Notification must be made immediately.

(m) Permits are not transferable from site to site [or from person to person].

§57.123. Exotic Species Permit Reports.

(a) (No change.)

(b) An Exotic Species Permit holder who has imported, possessed, transported, transferred or sold triploid grass carp shall [submit a quarterly report to the department on or before April 10, July 10, and October 10 of each year. This report shall be submitted on a form provided by the department and shall include:]

[(1) a copy of each exotic species transport invoice issued during the past quarterly period; and]

[(2)] provide a copy of each exotic species transport invoice issued and a copy of each triploid grass carp certification received by the permittee for triploid grass carp purchased during the past year with their annual report [quarterly period].

§57.131. Exotic Species Interstate Transport Permit: Application and Issuance.

(a) (No change.)

(b) To apply for an Exotic Species Interstate Transport Permit an applicant shall:

(1) (No change.)

(2) remit to the department's Exotic Species Program Leader [department aquaculture coordinator] all applicable fees.

(c)-(d) (No change.)

§57.132. Exotic Species Interstate Transport Permit: Permittee Requirements.

(a)-(b) (No change.)

(c) Permittee must notify the department's Exotic Species Program Leader [aquaculture coordinator] in writing or by facsimile transmission at least 72 hours prior to transport of live harmful or potentially harmful exotic species indicating transport date, intended transportation route, and name and physical address of recipient.

(d) While transporting harmful or potentially harmful exotic species within the state of Texas, a holder of an Exotic Species Interstate Transport Permit must notify the department's Exotic Species Program Leader [aquaculture coordinator] in the event of escapement or release of harmful or potentially harmful exotic species within two hours of release.

(e) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.

Issued in Austin, Texas, on


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