1. (a) The department shall not issue a permit under this subchapter to any person who has, during the one-year period preceding the date of application, been convicted for a violation of any provision of this subchapter, provisions of a permit issued under this subchapter, or:

   1. (1) the Parks and Wildlife Code, Chapter 66 or Chapter 75; or
   2. (2) the Agriculture Code, Chapter 134.

2. (b) The permit shall prescribe:

   1. (1) collection location;
   2. (2) means and methods of collection;
   3. (3) number and total length of aquatic species collected; and
   4. (4) time period of collection.
3. (c) Broodstock permits will not be issued for the collection of black bass of the genus Micropterus or crappie of the genus Pomoxis.
4. (d) The fee for broodstock permit application shall be specified in Chapter 53 of this title (relating to Finance) and is not refundable if a permit is denied.
5. (e) To be considered for a broodstock permit, the applicant shall complete and submit a broodstock permit application on a form provided by the department.
6. (f) An applicant for a broodstock permit or a permittee shall allow inspection of the aquaculture or mariculture facility for which the permit is sought or has been issued by authorized employees of the department during normal business hours.
7. (g) No person may return broodstock collected under this subchapter to public waters unless authorized to do so under Parks and Wildlife Code, §66.015.

Source Note:The provisions of this §57.395 adopted to be effective October 3, 1996, 21 TexReg 9170; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective July 9, 2017, 42 TexReg 3387; amended to be effective August 24, 2020, 45 TexReg 5915; amended to be effective November 22, 2021, 46 TexReg 7894.