1. (a) An applicant for a permit under this subchapter shall complete and submit an application to the department on a form supplied by the department, accompanied by the fee prescribed by §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits).
2. (b) Except for applications for offshore aquaculture permits, an application must be received by the department at least 30 days before the proposed introduction.

3. (c) An application for an offshore aquaculture facility:

   1. (1) must be received by the department at least 90 days prior to the proposed deployment of any enclosure or infrastructure;

   2. (2) must include:

      1. (A) The name, address, and telephone number of the owner(s) of the facility and all stock;

      2. (B) proof that the applicant has obtained:

         1. (i) a valid license issued by the Texas Department of Agriculture to operate an aquaculture facility (Agriculture Code Chapter 134);
         2. (ii) all applicable state and/or federal permits or authorizations relating to water quality standards;
         3. (iii) all applicable state and federal permits, authorizations, or clearances related to navigational hazards; and
         4. (iv) approval from the General Land Office to anchor the facility;

      3. (C) a clear and concise facility design, including scale plans and schematics of all infrastructure that, as determined by the department, is sufficient to:

         1. (i) prevent the escape of stock from the facility; and

         2. (ii) protect wildlife resources adjacent to the facility from:

            1. (I) disease transmission from stock;
            2. (II) the discharge of pollutants produced from feed or waste materials into public waters, including discharges resulting directly or indirectly from extreme weather conditions or physical collision;
            3. (III) the escape of stock from the facility as a result of extreme weather conditions or physical collision; and
            4. (IV) death or injury from ensnarement, entanglement, collision, or other physical interactions with enclosures or facility infrastructure;
      4. (D) a clear and concise operations plan, which shall include best management practices that minimize potentially harmful discharges into public waters from the facility;
      5. (E) a prospective timeline of proposed activities, by species, from the time of introduction to the time of harvest or removal for each enclosure;
      6. (F) a plan for removing all stock from the facility within 72 hours of notice from the department under §57.252 of this title (relating to General Provisions); and
      7. (G) a statement that all stock meets the requirements of §57.252 of this title.
4. (d) An offshore aquaculture permit will not be issued unless the department has conducted an inspection of all enclosures and infrastructure and found such to be consistent with the information provided in the application.

Source Note:The provisions of this §57.253 adopted to be effective April 11, 2007, 32 TexReg 2012.