1. (a) The director may issue broodfish permits only to an aquaculturist who has not violated, during the one-year period preceding the date of application, any provision of these rules or rules promulgated under:

   1. (1) the Parks and Wildlife Code, Chapter 66; 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 fish collected; and
   4. (4) time period of collection.
3. (c) Broodfish 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 broodfish permit application shall be $25 and is not refundable if a permit is denied.

5. (e) To be considered for a broodfish permit, the applicant shall:

   1. (1) complete and submit a broodfish permit application on a form provided by the department; and
   2. (2) provide a copy of the applicant's aquaculture license issued by the Texas Department of Agriculture with the application.
6. (f) An applicant for a broodfish permit or a permittee shall allow inspection of their aquaculture facility by authorized employees of the department during normal business hours.
7. (g) If a permittee discontinues aquaculture activities, broodfish collected under permit from the department may be returned to the public waters of the state only by permit as required by the 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.