31 Tex. Admin. Code § 57.115 - Special Provisions - Tilapia
(a) Except
as provided in this section or the provisions of §
57.113 of this title (relating to
General Provisions and Exceptions), no person may possess, import, export,
sell, purchase, transport, propagate, or culture, or offer to import, export,
sell, purchase, or transport tilapia unless the person is the holder of a valid
controlled exotic species permit and is in compliance with the terms of the
permit.
(b) Private ponds stocked
with tilapia shall be designed and maintained such that escape, release, or
discharge of tilapia from the pond into public water is not likely to
occur.
(c) Non-commercial
aquaculture. No permit is required under this subchapter to purchase, possess,
transport, or propagate blue tilapia (O. aureus), Mozambique tilapia (O.
mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), and
hybrids between these species for non-commercial (i.e., no sale) aquaculture
purposes provided that:
(1) Live tilapia
purchased in accordance with the provisions of this subchapter are transported
to the aquaculture location in accordance with §
57.121 of this title (relating to
Transport of Live Controlled Exotic Species);
(2) Tilapia are not sold, offered for sale,
or exchanged for money or anything of value;
(3) Tilapia are possessed solely in a
recirculating aquaculture system constructed such that:
(A) escape, release, or discharge of tilapia
into public water is not likely to occur; and
(B) no discharge of wastewater or waste into
or adjacent to water in the state is likely to occur;
(4) Adequate security measures are in place
to prevent unauthorized removal of tilapia; and
(5) Tilapia are killed in accordance with the
provisions of §
57.113(e) of
this title prior to being transferred to another person or disposed.
(d) Stocking in private ponds.
(1) No person holding tilapia in a private
pond may sell, offer for sale, or exchange tilapia for money or anything of
value.
(2) Upon reclassification of
any county in the stocking zone to conservation zone, the conservation zone
provisions shall apply to all future stockings in that county.
(3) Conservation zone provisions. Prior to
stocking tilapia into a private pond in the conservation zone, the landowner or
their agent must obtain written approval from the department.
(A) Approval shall be requested by completing
and submitting a department form at least 30 days prior to the intended
stocking. The request shall contain the following information, legibly written:
(i) the name, address, and phone number of
the person requesting approval;
(ii) the specific address or coordinates of
the location of the private pond;
(iii) a map of the location with the pond
clearly marked; and
(iv) the
proposed date and purpose of introduction.
(B) The department may provide approval for
stocking of blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus), Nile
tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids between these
species into a private pond in the conservation zone upon finding that the
private pond is compliant with the provisions of subsection (b) of this section
and does not pose a significant risk to species designated as endangered,
threatened, or a Species of Greatest Conservation Need.
(C) Written approval provided by the
department for stocking of tilapia into a private pond in the conservation zone
is specific to the pond for which approval was granted and is transferrable
with the sale of the property. Written approval shall not expire or require
renewal provided that the pond is not modified in any way that could result in
increased risk of escape, release, or discharge of controlled exotic species
into public water.
(4)
Stocking zone provisions. In the stocking zone no authorization or permit is
required under this subchapter to purchase, possess, transport, or stock into a
private pond blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus),
Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids between
these species provided that the private pond is compliant with the provisions
of subsection (b) of this section.
(5) Tilapia stocked in a private pond must be
killed in accordance with the provisions of §
57.113(e) of
this title prior to being transported or transferred to another
person.
(6) A person in possession
of live tilapia stocked in a private pond must possess and retain an exotic
species transport invoice provided by the seller as described in §
57.121 of this title for a period
of one year from the date the tilapia were obtained or as long as the tilapia
are in the water, whichever is longer.
(e) Commercial sale of tilapia for pond
stocking. No tilapia may be stocked in or provided for the purpose of stocking
into private ponds within the conservation zone without the landowner or their
agent first obtaining written approval from the department as described in
subsection (d) of this section.
Notes
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