1. (a) The department may refuse to authorize any prospective activity on any water body or impose restrictions on permitted species, water bodies, devices, or live transfer if the department determines that:

   1. (1) the prospective take of nongame fish is detrimental to the target species, species listed as endangered or threatened, or any other aquatic species;
   2. (2) the prospective take of nongame fish is likely to increase the risk of transfer or spread of harmful or potentially harmful exotic fish or shellfish;
   3. (3) the prospective take of nongame fish cannot be accomplished in a manner consistent with the management goals and objectives of the department;
   4. (4) the applicant or assistant(s) seeking renewal is not in compliance with provisions of this subchapter; or

   5. (5) the applicant or assistant(s) have been:

      1. (A) convicted of, pleaded guilty or nolo contendere to, or received deferred adjudication for a violation of Parks and Wildlife Code or a regulation of the commission; or
      2. (B) convicted, pleaded guilty or nolo contendere, received deferred adjudication or pre-trial diversion, or assessed a civil penalty for a violation of 16 U.S.C. §§3371 - 3378 (the Lacey Act); or
      3. (C) the department has evidence that the applicant is acting on behalf of or as a surrogate for another person not eligible for a permit under this subsection.

2. (b) An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit or permit renewal.

   1. (1) An applicant seeking review of a decision of the department with respect to permit issuance under this subchapter shall submit a written request to the department within 10 working days of being notified by the department of permit denial.
   2. (2) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for review. The decision of the review panel shall be final.

   3. (3) The request for review shall be presented to a review panel. The review panel shall consist of the following:

      1. (A) the Deputy Executive Director for Natural Resources (or his or her designee);
      2. (B) the Director of the Inland Fisheries Division (or his or her designee), as appropriate; and
      3. (C) a department employee designated by the Director of the Inland Fisheries Division.

Source Note:The provisions of this §57.384 adopted to be effective May 25, 2014, 39 TexReg 3987; amended to be effective April 13, 2017, 42 TexReg 1904.