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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