1. (a) The department shall charge a nonrefundable exotic species permit application fee as follows:

   1. (1) application for new, renewed, or amended exotic species permit which requires facility inspection--$250;
   2. (2) application for renewed or amended exotic species permit requiring no facility inspection--$25;
   3. (3) renewal applications received more than one year after the renewal date will require an additional inspection and cost $250.

2. (b) To be considered for an Exotic Species Permit, the applicant shall:

   1. (1) meet one or more of the following criteria:

      1. (A) possess a valid Aquaculture License;
      2. (B) possess a valid permit from the Texas Natural Resource Conservation Commission authorizing operation of a wastewater treatment facility;
      3. (C) possess a department approved research proposal involving use of harmful or potentially harmful exotic fish, shellfish or aquatic plants; or
      4. (D) operate a public aquarium approved for display of harmful or potentially harmful exotic fish, shellfish or aquatic plants;
   2. (2) complete and submit an initial exotic species permit application on a form provided by the department;

   3. (3) submit an accurate-to-scale plat of the facility specifically including, but not limited to, location of:

      1. (A) all private facilities and owner's name and physical address including a designation on the plat of all private facilities which will be used for possession of harmful or potentially harmful exotic species;
      2. (B) all structures which drain private facilities;
      3. (C) all points at which private facility effluent is discharged from the private facilities or the fish farm;
      4. (D) all structures designed to prevent escapement of harmful or potentially harmful species from the fish farm;
      5. (E) any vats, raceways, or other structures to be used in holding harmful or potentially harmful exotic species;
   4. (4) demonstrate to the department that an existing fish farm, private facility or wastewater treatment facility meets requirements of §57.129 of this title (relating to Exotic Species Permit: Private Facility Criteria);
   5. (5) remit to the department all applicable fees.
3. (c) Applicants for an exotic species permit for culture of harmful or potentially harmful exotic shellfish must meet all exotic species permit application requirements and requirements for disease free certification as listed in §57.114 of this title (relating to Health Certification of Exotic Shellfish).
4. (d) An applicant for an exotic species permit shall provide upon request from the department documentation necessary to identify any harmful or potentially harmful exotic species and confirm the source of origin for the species for which a permit is sought.
5. (e) An applicant for an Exotic Species Permit whose facility is located within the harmful or potentially harmful exotic species exclusion zone as defined in §57.111 of this title (relating to Definitions) must submit an Emergency Plan to the department for review and approval. The plan shall include measures sufficient to prevent release or escapement of permitted harmful or potentially harmful exotic species into public water during a natural catastrophe (such as a hurricane or flood).

Source Note:The provisions of this §57.117 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective April 30, 2001, 26 TexReg 3219.