1. (a) The department may issue an Exotic Species Permit only to:

   1. (1) a licensed Fish Farmer and only for species listed in §57.113(c)-(e) 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: Fee and Application Requirements) have been met;
   2. (2) the fish farm 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, §66.015, and these rules during the one-year period preceding the date of application.
3. (c) Permits issued for fish farms, 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 fish farm, private facilities or wastewater treatment facility as-built meets the requirements in §57.129 of this title (relating to Exotic Species Permit: Private Facility Criteria).

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.