The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Aquaculture--The business of producing and selling cultured species raised in private facilities.
2. (2) Aquatic plant--All plants whose seeds germinate in either the water phase or the substrate of a body of water and which must spend part of the life cycle in water (Reid, G.K., and R.O. Wood 1976, Ecology of Inland Waters and Estuaries).

3. (3) Disease condition--

   1. (A) The presence of contagious pathogens or injurious parasites known or clinically suspected of constituting a threat to the health of native species of aquatic organisms; or
   2. (B) A mortality rate of five percent or more occurring within a period of seven days in a single enclosure.
4. (4) Enclosure--A structure in public water that is capable of preventing the escape of the stock confined within it and the entry of aquatic animal life from surrounding waters.
5. (5) Fishing--Taking or attempting to take aquatic animal life by any means.
6. (6) Native species--All fish, shellfish, or aquatic plants documented by the department to live, spawn, or reproduce in Texas offshore waters and whose first documented occurrence in Texas offshore waters was not the result of intentional or unintentional importation by man.
7. (7) Offshore aquaculture facility--All enclosures and associated infrastructure used to produce, hold, propagate, transport, or sell stock under authority of an offshore aquaculture permit.
8. (8) Offshore aquaculture zone--All waters of the Gulf of Mexico seaward from the shoreline for a distance of three marine leagues, but does not include bays, passes, rivers or other bodies of water.
9. (9) Shellfish--Aquatic species of crustaceans and mollusks, including oysters, clams, shrimp, prawns, and crabs of all varieties.
10. (10) Stock--Native species of fish, shellfish, or aquatic plants intended for use in, being transported to, or contained within an offshore aquaculture facility under the terms of an offshore aquaculture permit.
11. (11) Waste--As defined in Water Code, §26.001.

Source Note:The provisions of this §57.251 adopted to be effective April 11, 2007, 32 TexReg 2012; amended to be effective March 23, 2008, 33 TexReg 2547.