CHAPTER 134. REGULATION OF AQUACULTURE - Texas Statutes

AGRICULTURE CODE

TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS

SUBTITLE A. BEES AND NONLIVESTOCK ANIMAL INDUSTRY

CHAPTER 134. REGULATION OF AQUACULTURE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 134.001. DEFINITIONS. In this chapter only:

(1) "Cultured species" means aquatic animals raised under

conditions where at least a portion of their life cycle is

controlled by an aquaculturist.

(2) "Exotic species" means a nonindigenous plant or animal not

normally found in the public waters in the state.

(3) "Aquaculturist" or "fish farmer" means any person engaged in

aquaculture or fish farming.

(4) "Aquaculture" or "fish farming" means the business of

producing and selling cultured species raised in private

facilities. Aquaculture or fish farming is an agricultural

activity.

(5) "Private facility" means a pond, tank, cage, or other

structure capable of holding cultured species in confinement

wholly within or on private land or water or within or on

permitted public land or water.

(6) "Operator" means any person or entity in control of or

having responsibility for the daily operation of an aquaculture

facility.

(7) "Commercial aquaculture facility" means an aquaculture

facility designed primarily for the production of cultured

species for the purposes of sale, barter, or exchange.

(8) "New aquaculture facility" means a commercial aquaculture

facility whose owner or operator initially sought waste discharge

authorization from the Texas Natural Resource Conservation

Commission after January 19, 1999.

(9) "Coastal zone" has the meaning assigned by Section 33.004,

Natural Resources Code.

Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.

Renumbered from Parks & Wildlife Code, Sec. 48.001 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept.

1, 1999.

Sec. 134.002. AQUACULTURE PROGRAM. The department may:

(1) promote aquaculture products;

(2) provide technical assistance, including demonstrations, to

aquaculturists;

(3) provide coordinated support through colleges and

universities and other governmental entities;

(4) solicit financial support from the federal government for

the aquaculture industry;

(5) develop and expand the aquaculture industry to:

(A) stimulate the state's economy; and

(B) offer alternative crop opportunities; and

(6) perform other functions and activities as required by law.

Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept.

1, 1999.

Sec. 134.003. PROGRAM ADMINISTRATOR; STAFF. (a) The department

shall designate a person to administer the department's

aquaculture program.

(b) The department or the department's program administrator may

employ the necessary staff to carry out the functions and duties

of the department under this chapter.

Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept.

1, 1999.

Sec. 134.004. CONTRACTS. The department, the Texas Natural

Resource Conservation Commission, the Texas Animal Health

Commission, and the Parks and Wildlife Department may contract

with state, federal, or private entities for assistance in

carrying out the purposes of this chapter.

Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept.

1, 1999.

Sec. 134.005. RULES. (a) The department and the Parks and

Wildlife Commission shall adopt rules to carry out their

respective duties under this chapter.

(b) The department by rule shall establish record-keeping

requirements for a commercial aquaculture facility.

(c) The rules may not conflict with rules issued under Section

134.020.

Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept.

1, 1999.

Sec. 134.006. AQUACULTURE FUND. (a) The aquaculture fund is

established in the state treasury.

(b) The department shall deposit to the credit of the fund the

fees received from licenses issued under this chapter.

(c) The aquaculture fund may be used only to administer this

chapter.

Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 1, eff. Sept.

1, 1999.

SUBCHAPTER B. AQUACULTURE LICENSE

Sec. 134.011. LICENSING. (a) A person may not operate an

aquaculture facility without first having acquired from the

department an aquaculture license.

(b) The department shall:

(1) maintain an application process for an aquaculture license;

(2) license aquaculture facilities; and

(3) regulate aquaculture operations.

(c) The department shall provide a copy of each aquaculture

license application to the Parks and Wildlife Department and the

Texas Natural Resource Conservation Commission.

(d) The department may not issue a license for a new aquaculture

facility unless the facility has been authorized by the Texas

Natural Resource Conservation Commission to dispose of wastewater

or the facility will not dispose of wastewater into waters in the

state.

Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.

Renumbered from Parks & Wildlife Code, Sec. 48.002 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 2, eff. Sept.

1, 1999.

Sec. 134.012. FISH FARM VEHICLE LICENSE REQUIRED. (a) Except

as provided by Subsection (b), if a vehicle is used to transport

cultured species from a private facility and the cultured species

are sold from the vehicle, the vehicle is required to have a fish

farm vehicle license.

(b) A fish farm vehicle license is not required for a vehicle

owned and operated by the holder of an aquaculture license.

(c) A person who operates a vehicle that is owned by the holder

of an aquaculture license must keep a copy of the license in the

vehicle when transporting cultured species from a private

facility.

Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.

Renumbered from Parks & Wildlife Code, Sec. 48.003 by Acts

1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1, 1989. Amended by

Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff. Sept. 1, 1991; Acts

1999, 76th Leg., ch. 1239, Sec. 2, eff. Sept. 1, 1999.

Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP PRODUCTION

WITHIN THE COASTAL ZONE. (a) A commercial aquaculture facility

located within the coastal zone and engaged in the production of

shrimp:

(1) must obtain a site-specific wastewater discharge permit from

the Texas Natural Resource Conservation Commission before the

facility may discharge wastewater if the facility will discharge

wastewater or another substance into waters in the state;

(2) must provide the report described in Subsection (b) and is

subject to the review described in Section 134.031(c) if the

aquaculture facility applies for a site-specific discharge

permit;

(3) must obtain an amendment to its site-specific discharge

permit from the Texas Natural Resource Conservation Commission

before the facility may increase the amount of discharge or

change the nature of the discharge above levels allowed by the

wastewater discharge permit issued by the Texas Natural Resource

Conservation Commission, except as otherwise provided by Section

26.0191, Water Code; and

(4) must provide the report described by Subsection (b) and is

subject to the review described in Section 134.031(c) before the

facility may increase the amount of discharge, or change the

nature of the discharge above levels allowed by the wastewater

discharge permit issued by the Texas Natural Resource

Conservation Commission, except as otherwise provided by Section

26.0191, Water Code.

(b) Before issuing a license to a new aquaculture facility

designed for the commercial production of shrimp that will

discharge wastewater into waters in the state within the coastal

zone, the department shall require the applicant to provide a

report describing the existing environmental conditions at the

proposed site, including aquatic habitat and the conditions of

the waters in the state into which a discharge is proposed. The

report must provide an assessment of any potential impacts of

wastewater discharges on sensitive aquatic habitats in the area

of the proposed site, significant impacts related to the

construction or operation of the facility, and any mitigation

actions proposed by the applicant.

(c) The applicant must provide the report required under

Subsection (b) to the Texas Natural Resource Conservation

Commission and the Parks and Wildlife Department. The Texas

Natural Resource Conservation Commission may not issue a

wastewater discharge permit to a new aquaculture facility

designed for the commercial production of shrimp and located

within the coastal zone without consideration of the report

described by Subsection (b).

(d) In coordination with the department and the Parks and

Wildlife Department, the Texas Natural Resource Conservation

Commission shall establish guidelines relating to the report

required by Subsection (b) that:

(1) give public notice as to what the reporting requirements

include; and

(2) minimize duplication of reporting requirements and other

requirements related to the application for a wastewater

discharge permit.

Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.

Renumbered from Parks & Wildlife Code, Sec. 48.004 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 2, eff. Sept.

1, 1999.

Sec. 134.014. LICENSE FEES. The department shall issue an

aquaculture license or a fish farm vehicle license on completion

of applicable license requirements and the payment of a fee by

the applicant, as provided by department rule.

Renumbered from Parks & Wildlife Code, Sec. 48.005 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec. 2.57, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1239, Sec. 2, eff. Sept.

1, 1999; Acts 2003, 78th Leg., ch. 265, Sec. 7, eff. June 18,

2003; Acts 2003, 78th Leg., ch. 677, Sec. 5, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1052, Sec. 6, eff. September 1, 2009.

Sec. 134.015. FORM, DURATION, AND RENEWAL OF LICENSE. (a) An

aquaculture license must be on a numbered form provided by the

department.

(b) A license is valid for two years after the date of issuance.

The department shall renew a license on submission by the

licensee of a completed application and a renewal fee, as

provided by department rule, unless the department determines

that the licensee has violated this chapter or a rule adopted

under this chapter.

(c) The department may suspend an aquaculture license if it is

determined that the licensee has violated this chapter, a rule

adopted under this chapter, or Section 66.007, Parks and Wildlife

Code.

Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.

Renumbered from Parks & Wildlife Code, Sec. 48.006 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec. 2.58, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1239, Sec. 3, eff. Sept.

1, 1999.

Sec. 134.016. RECORDS. (a) The holder of an aquaculture

license shall maintain a record of sales of cultured species for

a period of time of not less than one year. The record is open

for inspection by designated employees of the Parks and Wildlife

Department and the department during normal business hours.

(b) A record of sale for commercially protected finfish as

provided by Section 66.020, Parks and Wildlife Code, shall

contain at least the following information:

(1) invoice number;

(2) date of shipment;

(3) name and address of shipper;

(4) name and address of receiver; and

(5) number and weight of whole fish or fillets, by species,

contained in the shipment.

Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.

Renumbered from Parks & Wildlife Code, Sec. 48.008 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 4, eff. Sept.

1, 1999.

Sec. 134.017. CULTURE AND SALE OF CULTURED SPECIES. Cultured

species of any kind, size, or number may be raised, possessed,

transported, and sold anywhere, at any time, to any person, for

any purpose by the holder of an aquaculture license unless

prohibited by Parks and Wildlife Code or regulation.

Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.

Renumbered from Parks & Wildlife Code, Sec. 48.009 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991.

Sec. 134.018. LICENSE NOT REQUIRED FOR SALE OF CERTAIN FISH.

(a) An aquaculture license is not required for the sale of fish:

(1) that are not on the Parks and Wildlife Department's list of

exotic fish, shellfish, and aquatic plants;

(2) collected from a private facility on private land by a

person who holds an aquaculture license;

(3) by the owner of the private facility from which the fish

were collected;

(4) to manage the fish population in the private facility; and

(5) to a person who holds an aquaculture license.

(b) Not later than the 30th day after the sale of fish under

this section, the buyer who holds an aquaculture license shall

submit a copy of the invoice for the sale to the Parks and

Wildlife Department. The seller and the buyer shall maintain a

record of the sale for not less than one year. The record must

contain at least:

(1) the invoice number;

(2) the date of the sale;

(3) the name and address of the seller;

(4) the physical location of the facility from which the fish

were collected;

(5) the name, address, and aquaculture license number of the

buyer; and

(6) the number of fish sold.

(c) Sections 66.020 and 66.111, Parks and Wildlife Code, do not

apply to a sale under this section.

Added by Acts 2005, 79th Leg., Ch.

759, Sec. 1, eff. September 1, 2005.

Sec. 134.019. MARKETING OF CULTURED REDFISH AND CULTURED

SPECKLED SEA TROUT. (a) The commissioner shall adopt rules

providing for the raising, sale, transportation, and possession

of cultured redfish and cultured speckled sea trout raised by an

aquaculturist licensed under this chapter.

(b) The rules shall provide for and require the identification

of cultured redfish and cultured speckled sea trout raised by an

aquaculturist under this chapter.

Renumbered from Parks & Wildlife Code, Sec. 48.0101 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991.

Sec. 134.020. EXOTIC SPECIES. (a) The Parks and Wildlife

Commission shall adopt rules regulating the importation,

possession, propagation, and sale of harmful or potentially

harmful exotic species by an aquaculturist.

(b) The Parks and Wildlife Commission, after consulting with the

commissioner and an individual designated by the chairman of the

board of regents of The Texas A&M University System, shall

determine and publish a list of harmful or potentially harmful

exotic species that an aquaculturist may not import, possess, or

sell as part of the person's aquaculture activities.

(c) An aquaculturist may not release in public water harmful or

potentially harmful exotic species except as provided by Section

66.007, Parks and Wildlife Code.

(d) The Parks and Wildlife Department shall enforce the rules

adopted under this section.

Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991.

Sec. 134.021. FEDERAL GRANTS. Federal grants for research and

development of commercial fisheries may be used for individual

aquaculture projects.

Acts 1975, 64th Leg., ch. 545, Sec. 1, eff. Sept. 1, 1975.

Renumbered from Parks & Wildlife Code, Sec. 48.011 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991.

Sec. 134.022. AQUACULTURE FACILITY PROTECTED. (a) A person,

other than the owner or operator of an aquaculture facility, may

not fish on an aquaculture facility without the consent of the

owner or operator.

(b) A person may not unlawfully, as defined by Section 31.03(b),

Penal Code, acquire or otherwise exercise control over cultured

species with intent to deprive the owner of the cultured species.

Renumbered from Parks & Wildlife Code, Sec. 48.013 and

amended by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991.

Sec. 134.023. PENALTIES. (a) Except as provided by Subsection

(b), (c), or (d) of this section, a person who violates any

provision of this chapter or rule adopted under this chapter

commits an offense that is a Class C misdemeanor.

(b) A person who violates Section 134.019 or 134.020 commits an

offense that is a Class B misdemeanor.

(c) A person who violates Section 134.022(b) of this code by

taking cultured species of a value of $200 or more but less than

$750 commits an offense that is a Class A misdemeanor.

(d) A person who violates Section 134.022(b) of this code by

taking cultured species of a value of $750 or more commits an

offense that is a felony of the third degree.

Added by Acts 1989, 71st Leg., ch. 637, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 491, Sec. 11, eff.

Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1239, Sec. 5, eff. Sept.

1, 1999.

SUBCHAPTER C. INTERAGENCY COOPERATION

Sec. 134.031. MEMORANDUM OF UNDERSTANDING. (a) The department,

the Texas Natural Resource Conservation Commission, and the Parks

and Wildlife Department shall enter into a memorandum of

understanding for the regulation of matters related to

aquaculture.

(b) The Texas Natural Resource Conservation Commission, after

receiving an application for a wastewater discharge authorization

from an aquaculture facility, shall provide a copy of the

application to the department and the Parks and Wildlife

Department.

(c) The department, the Texas Natural Resource Conservation

Commission, and the Parks and Wildlife Department shall each

appoint one member of a three-member application review committee

to review the wastewater discharge authorization application to

ensure that the proposed discharge will not adversely affect a

bay, an estuary, or other waters in the state.

(d) The Parks and Wildlife Department, in consultation with the

Texas Natural Resource Conservation Commission, may establish

general guidelines that identify sensitive aquatic habitat within

the coastal zone. The general guidelines must include factors

such as the presence of sea grass beds, depth of receiving

waters, and amount of tidal exchange.

(e) If the Parks and Wildlife Department establishes the

guidelines described in Subsection (d), the Parks and Wildlife

Department must provide the guidelines to the Texas Natural

Resource Conservation Commission and the department.

(f) If the Parks and Wildlife Department has established the

guidelines described in Subsection (d), the Texas Natural

Resource Conservation Commission must consider the guidelines

when reviewing wastewater discharge authorization applications

for new aquaculture facilities located within the coastal zone,

or expansion of existing facilities located within the coastal

zone if the expansion will increase the amount of discharge, or

change the nature of the discharge, above levels allowed by the

wastewater discharge permit.

(g) In developing the guidelines under Subsection (d) applicable

to aquaculture facilities engaged in the production of shrimp in

the coastal zone, the Parks and Wildlife Department, in

consultation with the Texas Natural Resource Conservation

Commission, shall consider the best management practices that the

facilities developed under the direction of the Texas Natural

Resource Conservation Commission.

(h) In the development of siting guidelines for aquaculture

facilities engaged in the production of shrimp in the coastal

zone, the best management practices developed by the facilities

shall be considered.

Added by Acts 1999, 76th Leg., ch. 1239, Sec. 6, eff. Sept. 1,

1999.