AGRICULTURE CODE
CHAPTER 134. REGULATION OF AQUACULTURE
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1975.
Renumbered from V.T.C.A. Parks & Wildlife Code, § 48.001 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991; Acts 1999, 76th Leg., ch. 1239, § 1, eff. Sept. 1, 1999.
§ 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, § 3, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1239, § 1, eff. Sept. 1, 1999.
§ 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, § 3, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1239, § 1, eff. Sept. 1, 1999.
§ 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, § 3, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1239, § 1, eff. Sept. 1, 1999.
§ 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, § 3, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1239, § 1, eff. Sept. 1, 1999.
§ 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, § 3, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1239, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. AQUACULTURE LICENSE
§ 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, § 1, eff. Sept. 1, 1975.
Renumbered from V.T.C.A. Parks & Wildlife Code, § 48.002 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991; Acts 1999, 76th Leg., ch. 1239, § 2, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1975.
Renumbered from V.T.C.A. Parks & Wildlife Code, § 48.003 by Acts
1989, 71st Leg., ch. 637, § 3, eff. Sept. 1, 1989. Amended by
Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept. 1, 1991; Acts
1999, 76th Leg., ch. 1239, § 2, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1975.
Renumbered from V.T.C.A. Parks & Wildlife Code, § 48.004 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991; Acts 1999, 76th Leg., ch. 1239, § 2, eff. Sept. 1, 1999.
§ 134.014. LICENSE FEES. (a) 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.
(b) In addition to the fees under Subsection (a), the
department shall assess and collect a surcharge on the annual
license fee for aquaculture facilities producing shrimp for the
purpose of funding the Texas shrimp marketing assistance program
created under Subchapter B, Chapter 47. The amount of the surcharge
shall be set each year, as provided by department rule, in an amount
equal to 10 percent of the fees generated by the Parks and Wildlife
Department under Section 77.002(c), Parks and Wildlife Code.
(c) The department shall deposit at the end of each quarter,
to the credit of the shrimp marketing account, the fees received
under Subsection (b) for use by the department to conduct and
operate the Texas shrimp marketing assistance program created under
Subchapter B, Chapter 47.
Renumbered from V.T.C.A. Parks & Wildlife Code, § 48.005 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 419, § 2.57, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1239, § 2, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 265, § 7, eff. June 18, 2003; Acts
2003, 78th Leg., ch. 677, § 5, eff. June 20, 2003.
§ 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, § 1, eff. Sept. 1, 1975.
Renumbered from V.T.C.A. Parks & Wildlife Code, § 48.006 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 419, § 2.58, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1239, § 3, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1975.
Renumbered from V.T.C.A. Parks & Wildlife Code, § 48.008 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991; Acts 1999, 76th Leg., ch. 1239, § 4, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1975.
Renumbered from V.T.C.A. Parks & Wildlife Code, § 48.009 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991.
§ 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 V.T.C.A. Parks & Wildlife Code, § 48.0101 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991.
§ 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, § 3, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept. 1,
1991.
§ 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, § 1, eff. Sept. 1, 1975.
Renumbered from V.T.C.A. Parks & Wildlife Code, § 48.011 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991.
§ 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 V.T.C.A. Parks & Wildlife Code, § 48.013 and
amended by Acts 1989, 71st Leg., ch. 637, § 3, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept.
1, 1991.
§ 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, § 3, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 491, § 11, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1239, § 5, eff. Sept. 1, 1999.
SUBCHAPTER C. INTERAGENCY COOPERATION
§ 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, § 6, eff. Sept. 1, 1999.
