1. (a) The department may issue an exotic species permit only to:

   1. (1) an aquaculturist and only for species listed in §57.113(f), (g), and (m) of this title (relating to Exceptions);
   2. (2) a wastewater treatment facility operator;
   3. (3) department-approved research programs; or
   4. (4) a public aquarium for display purposes only.

2. (b) The department may issue an exotic species permit upon a finding by the department that:

   1. (1) all application requirements as set out in §57.117 of this title (relating to Exotic Species Permit: Application Requirements) have been met;
   2. (2) the aquaculture facility operated by the applicant and named in the permit meets or will meet the design criteria listed in §57.129 of this title (relating to Exotic Species Permit: Private Facility Criteria);
   3. (3) the applicant has complied with all provisions of the Parks and Wildlife Code, §§66.007, 66.0072, and 66.015, and this subchapter during the one-year period preceding the date of application.
3. (c) Permits issued for aquaculture facilities, private facilities or wastewater treatment facilities under construction shall not authorize possession of harmful or potentially harmful exotic fish, shellfish or aquatic plants until such time as the department has certified that the aquaculture facility, private facilities or wastewater treatment facility as-built meets the requirements in §57.129 of this title.

Source Note:The provisions of this §57.118 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective July 19, 2000, 25 TexReg 6772; amended to be effective April 30, 2001, 26 TexReg 3219; amended to be effective December 26, 2006, 31 TexReg 10340; amended to be effective October 30, 2011, 36 TexReg 7339; amended to be effective June 12, 2013, 38 TexReg 3644.