1. (a) The department may issue a triploid grass carp permit upon a finding that:

   1. (1) applicant has completed and submitted to the department a triploid grass carp permit application;
   2. (2) applicant has remitted to the department all pertinent fees;
   3. (3) all information provided in the triploid grass carp permit application is true and correct;
   4. (4) applicant has not been finally convicted, within the last year, for violation of the Parks and Wildlife Code, §66.007, §66.015, or these rules;
   5. (5) issuance of a triploid grass carp permit is consistent with department fisheries or wildlife management activities;
   6. (6) issuance of a triploid grass carp permit is consistent with the Parks and Wildlife Commission's environmental policy;
   7. (7) issuance of a triploid grass carp permit and subsequent stocking does not conflict with specific management objectives of the department; and
   8. (8) issuance of a triploid grass carp permit and subsequent stocking will not detrimentally affect threatened or endangered species populations, or their habitat; and
   9. (9) issuance of a triploid grass carp permit and subsequent stocking will not detrimentally affect coastal wetland and estuarine ecosystems.
2. (b) A permittee shall allow, upon request, the take of a reasonable number of grass carp from the permittee's body of water by department personnel for determination of triploid status.
3. (c) In determining the number of triploid grass carp authorized for possession under a triploid grass carp permit the department shall consider the surface area of the pond or lake named in the permit application, and as appropriate, the percentage of the surface area infested by aquatic vegetation.

Source Note:The provisions of this §57.126 adopted to be effective January 2, 1997, 21 TexReg 12414.