1. (a) All disease free certification of exotic shellfish must be conducted by a shellfish disease specialist approved by the department.

2. (b) Any person importing live exotic shellfish from facilities outside the state must prior to importation:

   1. (1) provide documentation to the department that the shellfish to be imported have been inspected and certified as disease-free by a department-approved shellfish disease specialist; and
   2. (2) receive acknowledgment from the department that the requirements of paragraph (1) of this subsection have been met.
3. (c) Any person in possession of exotic shellfish for the purpose of production of postlarvae must provide to the department monthly certification that nauplii and postlarvae have been examined and are certified to be disease-free. If certification cannot be provided, the exotic shellfish must be maintained in quarantine condition until the department acknowledges in writing that the stock is disease-free or specifies in writing condition(s) under which the quarantine can be removed.

4. (d) Any person in possession of exotic shellfish stocks who observes one or more of the manifestations of disease appearing on the clinical analysis checklist provided by the department shall:

   1. (1) immediately quarantine the entire facility, immediately notify the department and immediately request an inspection from a department approved examiner; or
   2. (2) immediately quarantine the entire facility, immediately notify the department and immediately submit samples of the affected shellfish to a department approved shellfish disease specialist for analysis. Results of such analyses shall be forwarded to the department immediately upon receipt.
5. (e) Upon receiving a request from a permit holder under subsection (d)(1) of this section, the department approved examiner shall inspect the private facility, complete the clinical analysis checklist provided by the department, and submit copies of the checklist to the department and the permit holder.

6. (f) Before harvesting ponds or discharging any waste for the first time in any calendar year into or adjacent to water in the state, the permittee shall:

   1. (1) have a department approved examiner inspect the facility and examine samples of the shellfish from the pond or other structure containing exotic shellfish no more than 14 days prior to the first discharge or harvest and shall submit the results of the examination to the department on the department approved clinical analysis checklist; or
   2. (2) submit samples of the shellfish from the pond or other structure containing exotic shellfish to a department approved shellfish disease specialist for analysis no more than 14 days prior to the first discharge or harvest and submit the results of such analyses to the department immediately upon receipt.
7. (g) If the results of an inspection performed under subsection (f)(1) of this section indicate the presence of one or more manifestations of disease, the permittee shall immediately place the entire facility under quarantine and immediately submit samples of the shellfish from the affected portion(s) of the facility to a department approved shellfish disease specialist for analysis. Results of such analyses shall be forwarded to the department immediately upon receipt.
8. (h) If the results of analyses performed under subsection (f)(2) of this section indicate the presence of disease, the permittee shall immediately place the entire facility under quarantine.
9. (i) A private facility quarantined under subsections (d), (g) or (h) of this section shall remain under quarantine condition until the department removes the quarantine in writing or authorizes in writing other actions deemed appropriate by the department based on the required analyses.
10. (j) If the results of inspections or testing performed under subsection (f) of this section indicate the absence of any manifestations of disease, the permittee may begin discharging from the facility.

Source Note:The provisions of this §57.114 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 June 29, 2005, 30 TexReg 3728.