1. (a) A copy of the exotic species permit shall be:

   1. (1) made available for inspection upon request of department personnel; and
   2. (2) prominently displayed on the premises of the aquaculture facility, private facilities or wastewater treatment facility named in the permit.
2. (b) Permittee must provide access to all facilities covered by the application to authorized department personnel during any hours in which operations pursuant to the exotic species permit are ongoing.

3. (c) If a permittee discontinues aquaculture, research activities or public aquarium display involving harmful or potentially harmful exotic species or discontinues wastewater treatment, the permittee shall:

   1. (1) immediately and lawfully sell, transfer or destroy all remaining individuals of that species in possession; and
   2. (2) notify the department at least 14 days prior to cessation of operation.
4. (d) Upon a request, a permittee shall provide an adequate number of fish, shellfish, or aquatic plants to authorized department employees for identification and analyses.

5. (e) In the event that the aquaculture facility, private facilities or a wastewater treatment facility of a permit holder appears in imminent danger of overflow, flooding, or release of harmful or potentially harmful exotic fish, shellfish or aquatic plants into public water, the permittee shall:

   1. (1) immediately notify the department; and
   2. (2) immediately begin implementation of the department-approved emergency plan.
6. (f) Except in case of an emergency, a holder of an exotic species permit authorizing possession of Litopenaeus vannamei must notify the department at least 72 hours prior to, but not more than 14 days prior to any harvesting of permitted shellfish. In an emergency beyond the control of the permittee, notification of harvest must be made as early as practicable prior to beginning of harvest operations.
7. (g) A holder of an exotic species permit authorizing possession of harmful or potentially harmful exotic species may sell or transfer ownership of live individuals only to the holder of a valid exotic species permit specifically authorizing possession of transferred species.
8. (h) Upon discovery of release or escapement of harmful or potentially harmful exotic species from any facilities authorized in an exotic species permit, the permittee must immediately halt discharge of all effluent from the facility. If the permittee's private facility is located within an aquaculture complex, upon discovery of release or escapement of harmful or potentially harmful exotic species, the permittee must immediately halt discharge of all facility effluent.
9. (i) A holder of an exotic species permit must notify the department's Exotic Species Program Leader in the event of escapement or release of harmful or potentially harmful exotic species, within two hours of discovery.
10. (j) All devices required in the exotic species permit for prevention of discharge of harmful or potentially harmful exotic species must be in place and properly maintained prior to and at all times such species are in possession.
11. (k) Effluent discharged from a permitted facility holding harmful or potentially harmful exotic species must be routed through all devices for prevention of discharge of such species as required in the permit.
12. (l) A permittee must notify the department in the event of change of ownership of the facility named in that permittee's exotic species permit. Notification must be made immediately.
13. (m) Permits are not transferable from site to site.

Source Note:The provisions of this §57.119 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective July 19, 2000, 25 TexReg 6772; amended to be effective December 26, 2006, 31 TexReg 10340; amended to be effective June 12, 2013, 38 TexReg 3644.