Section 57.113 - General Provisions and Exceptions(a) Nothing in this subchapter shall be construed to relieve any person of the obligation to comply with any applicable provision of local, state, or federal law.(b) Except as provided by Parks and Wildlife Code or this subchapter, no person shall: (1) introduce into public water, possess, import, export, sell, purchase, transport, propagate, or culture any species, hybrid of a species, subspecies, eggs, seeds, or any part of any species defined as a controlled exotic species; or(2) take or possess a grass carp from public water designated by the department where grass carp have been introduced by the department or under a permit issued by the department.(c) An active partner may be exempted from the requirement to obtain a controlled exotic species permit under this subchapter, provided they coordinate with the department to seek authorization by a letter of approval of active partner status, and provide a description of proposed engagement in department-coordinated efforts to monitor and/or manage controlled exotic species in Texas and measures to be taken to prevent introduction of controlled exotic species into public water.(d) An employee of the department in the performance of official duties is exempt from the permit requirements of this subchapter.(e) Any person may possess, import, export, sell, purchase, or transport controlled exotic species of fish or shellfish other than mussels or oysters without a permit provided they are:(1) killed by gutting, beheading, gill-cutting, or using another means;(f) Any person may possess, import, export, sell, purchase, or transport controlled exotic species of oysters without a permit provided they are shucked or otherwise removed from their shells.(g) No person may possess or transport live or dead controlled exotic species of mussels that are attached to or contained within any vessel, conveyance, or dock or pier except that mussels attached to or contained within a vessel may be possessed and transported if the vessel is traveling directly to a service provider for the purposes of removal of the mussels or vessel maintenance or repair after first notifying the department in writing that the vessel will be transported. Notification shall be provided at least 72 hours in advance and shall consist of: (1) expected date of transport;(2) contact information of person or entity transporting the vessel;(3) vessel registration number;(4) water body of origin;(5) service provider location and contact information; and(6) water body where the vessel will return after service.(h) A licensed retail or wholesale fish dealer is not required to have a controlled exotic species permit to purchase or possess in the licensed place of business: (1) live triploid grass carp (Ctenopharyngodon idella) or blue tilapia (Oreochromis aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids of these tilapia species provided that the fish dealer: (A) obtains the species from a permit holder;(B) retains a copy of each properly executed transport invoice provided by the permit holder for a period of one year following the invoice date;(C) does not propagate or culture the species; and(D) does not sell or transfer possession of the species to another person or entity unless the fish have been gutted, beheaded, gill-cut, killed using another means, packaged on ice, or frozen.(2) live Pacific blue shrimp (Litopenaeus stylirostris) or Pacific white shrimp (L. vannamei), provided that:(A) the place of business is not located within the exotic shrimp exclusion zone described in § 57.111 of this title (relating to Definitions);(B) the species were obtained from a permit holder;(C) the fish dealer retains a copy of each properly executed transport invoice provided by the permit holder for a period of one year following the invoice date; and(D) the fish dealer does not sell or transfer possession of these species to another person or entity unless the shrimp are dead and packaged on ice or frozen.(i) The holder of a controlled exotic species permit may not place into public water, possess, import, export, sell, purchase, transport, propagate, or culture controlled exotic species unless authorized by permit conditions.(j) The owner or manager of a property or their agent, except as provided in subsection (k) of this section, may without a permit possess and transport for the purpose of disposal controlled exotic species of plants, mussels of the genus Dreissena, or applesnails, provided: (1) the species are physically removed from a private pond, public water adjacent to the property, or the shorelines, docks, or other waterfront infrastructure associated with the property;(2) mussels or applesnails removed are securely contained in black plastic bags prior to disposal;(3) plants removed are dried fully or securely contained in black plastic bags prior to disposal; and(4) plants are physically removed from public water under a current, approved treatment proposal in accordance with Subchapter L of this chapter (relating to Aquatic Vegetation Management).(k) A person operating a mechanical plant harvester or who otherwise physically removes controlled exotic species of plants from public water in exchange for money or anything of value must be the holder of or be listed as an authorized person on a controlled exotic species permit. Removal and disposal of controlled exotic species of plants from public water or private ponds may only be done by means authorized in the permit.(l) Governmental or quasi-governmental agencies; operators of power generation, water control or water supply facilities, or private water intakes; entities removing garbage from public water bodies; or contractors working on their behalf may without a permit, possess and transport for the purpose of disposal controlled exotic species removed during standard operations, maintenance, or testing provided they are in compliance with best management practices published by the department.(m) Any person may purchase, possess, or transport controlled exotic species of plants as hosts for biological control agents without a permit for the purpose of introduction for management of nuisance aquatic vegetation, provided that: (1) the identity of the plant species to be managed is confirmed by the department; and(2) controlled exotic species of plants are: (A) obtained from the department, a biological control facility permitted under this subchapter, or an active partner, as described in § 57.111 of this title (relating to Definitions);(B) possessed and transported with a properly executed transport invoice provided by the biological control agent supplier in accordance with § 57.121 of this title (relating to Transport of Live Controlled Exotic Species); and(C) for public water a permit for introduction of aquatic plants into public water for nuisance aquatic vegetation management must be obtained in accordance with Subchapter C of this chapter (relating to Introduction of Fish, Shellfish and Aquatic Plants) and Subchapter L of this title (relating to Aquatic Vegetation Management).(n) Specimens of controlled exotic species of mussels or plants may be possessed for educational purposes without a permit if prepared in the following manner:(1) mussels--fully dried or placed into alcohol, formalin, or other preservative; or(2) plants--dried and pressed as herbarium specimens or encased in plastic resin.(o) At the request of any department employee in the performance of official duties, any person, including but not limited to controlled exotic species permit holders, who is in possession of a controlled exotic species shall: (1) allow the take of or provide samples of any controlled exotic species held in possession for purposes of taxonomic or genetic identification and analysis;(2) furnish any documentation necessary to confirm controlled exotic species identity, the source of controlled exotic species, and eligibility to possess controlled species;(3) make available for inspection during normal business hours any records required by this subchapter and any retention location, facility, private pond, recirculating aquaculture system, or transportation vehicle or trailer used to conduct activities authorized under this subchapter; and(4) demonstrate that activities are conducted in compliance with the requirements of this subchapter and in such a way as to prevent escape, release, or discharge of controlled exotic species.(p) Disposition Protocols. (1) The department may prescribe, on a case by case basis, a disposition protocol for destruction, disposal, or transfer of controlled exotic species held by a person who: (A) is in possession of controlled exotic species in violation of any provision of this subchapter;(B) is refused permit renewal under the provisions of § 57.124 of this title (relating to Refusal to Issue; Review of Agency Decision to Refuse Issuance); or(C) ceases or discontinues permitted or otherwise authorized activities for any other reason.(2) If the disposition protocol is not implemented within 14 days of notification by the department, the department may implement a prescribed disposition protocol.(3) In the event that a disposition protocol is implemented by the department, the person is responsible for all costs associated with the destruction, disposal, or transfer of controlled exotic species held in the facility.31 Tex. Admin. Code § 57.113
The provisions of this §57.113 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective December 29, 1997, 22 TexReg 12535; amended to be effective June 21, 1998, 23 TexReg 6507; amended to be effective July 19, 2000, 25 TexReg 6772; amended to be effective April 30, 2001, 26 TexReg 3219; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective May 14, 2007, 32 TexReg 2665; amended to be effective May 26, 2008, 33 TexReg 4183; amended to be effective December 27, 2009, 34 TexReg 9460; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effectiveOctober 21, 2013, 38 TexReg 7310; Adopted by Texas Register, Volume 46, Number 04, January 22, 2021, TexReg 0576, eff. 1/27/2021; Amended by Texas Register, Volume 47, Number 02, January 14, 2022, TexReg 0092, eff. 1/18/2022