SECTION 57.111. Definitions  


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

    (1) Aquaculture or fish farming--The business of producing and selling cultured species raised in private facilities.

    (2) Aquaculturist or fish farmer--Any person engaged in aquaculture.

    (3) Aquaculture facility--The property, including all drainage ditches and private facilities where cultured species are produced, held, propagated, transported or sold.

    (4) Aquaculture complex--A group of two or more separately owned aquaculture facilities located at a common site and sharing privately owned water diversion or drainage structures.

    (5) Beheaded--The complete detachment of the head (that portion of the fish from the gills to the nose; that portion of the shrimp called the carapace) from the body.

    (6) Certified Inspector--An employee of the Texas Parks and Wildlife Department who has satisfactorily completed a department approved course in clinical analysis of shellfish.

    (7) Cultured species--Aquatic plants, fish, or shellfish raised under conditions where at least a portion of their life cycle is controlled by an aquaculturist.

    (8) Clinical Analysis Checklist--A TPWD form specifying sampling protocols and listing certain characteristics which may constitute manifestations of disease.

    (9) Department--The Texas Parks and Wildlife Department or a designated employee of the department.

    (10) Director--The executive director of the Texas Parks and Wildlife Department.

    (11) Disease--Contagious pathogens or injurious parasites which may be a threat to the health of natural populations of aquatic organisms.

    (12) Disease-Free--A status, based on the results of an examination conducted by a department approved shellfish disease specialist that certifies a group of aquatic organisms as being free of disease.

    (13) Exotic species--A nonindigenous aquatic plant, fish, or shellfish not normally found in public water of this state.

    (14) Gutted--The complete removal of all internal organs and entrails.

    (15) Harmful or potentially harmful exotic fish-

    (A) Lampreys: Family Petromyzontidae--all species except Ichthyomyzon castaneus and I. gagei;

    (B) Freshwater Stingrays: Family Potamotrygonidae--all species;

    (C) Arapaima: Family Arapaimidae--Arapaima gigas;

    (D) South American Pike Characoids: Family Acestrorhynchidae--all species of genus Acestrorhynchus;

    (E) African Tiger Fishes: Family Alestidae--all species of genus Hydrocynus;

    (F) Piranhas: Family Characidae (Subfamily Serrasalminae)--all species of the genera Catoprion, Pristobrycon, Pygocentrus, Pygopristis, and Serrasalmus;

    (G) Dogtooth characins (Payara and vampire tetras): Family Cynodontidae--all species of genera Hydrolycus, Rhaphiodon, and Cynodon;

    (H) Dourados: Family Characidae (Subfamily Salmininae)--all species of genus Salminus;

    (I) South American Tiger Fishes: Family Erythrinidae--all species;

    (J) South American Pike Characids: Family Ctenoluciidae--all species of genera Ctenolucius and Boulengerella;

    (K) African Pike and Lute Fishes: Families Hepsetidae and Citharinidae--all species;

    (L) Electric Eels: Family Gymnotidae--Electrophorus electricus;

    (M) Carps and Minnows: Family Cyprinidae--all species and hybrids of species of genera: Aspius, Pseudaspius, and Aspiolucius (Asps); Abramis, Blicca, Megalobrama, and Parabramis (Old World Breams); Hypophthalmichthys (Bighead and Silver Carp); Mylopharyngodon (Black Carp); Ctenopharyngodon (Grass Carp); Cirrhinus; Thynnichthys; Gibelion (Catla); Leuciscus (Eurasian Daces); Tor, and Neolissochilus hexagonolepsis (Barbs and Mahseers); Rutilus (Roaches); Scardinius (Rudds); Elopichthys (Yellowcheek); Catlocarpio (Giant Barb); all species of the genus Labeo except Labeo chrysophekadion (Black Sharkminnow);

    (N) Walking Catfishes: Family Clariidae--all species;

    (O) Electric Catfishes: Family Malapteruridae--all species;

    (P) South American Parasitic Candiru Catfishes: Family Trichomycteridae--all species;

    (Q) Pike Killifish: Family Poeciliidae--Belonesox belizanus;

    (R) Marine Stonefishes: Family Synanceiidae--all species;

    (S) Tilapia: Family Cichlidae--all species of genera Tilapia, Oreochromis, and Sarotherodon;

    (T) Asian Pikeheads: Family Osphronemidae--all species of the genus Luciocephalus;

    (U) Snakeheads: Family Channidae--all species;

    (V) Perch: Family Percidae--all species of the genus Sander except Sander canadensis and S. vitreus and hybrids between these two species and all species of genus Gymnocephalus;

    (W) Nile Perch: Family Latidae--all species of genus Lates;

    (X) Seatrouts and Corvinas: Family Sciaenidae--all species of genus Cynoscion except Cynoscion arenarius, C. nebulosus, and C. nothus;

    (Y) Whale Catfishes: Family Cetopsidae--all species;

    (Z) Airsac Catfishes: Family Heteropneustidae--all species;

    (AA) Swamp Eels, Rice Eels, or One-Gilled Eels: Family Synbranchidae--all species;

    (BB) Freshwater Eels: Family Anguillidae--all species except Anguilla rostrata;

    (CC) Round Gobies: Family Gobiidae--all species of genus Neogobius;

    (DD) Temperate Basses: Family Moronidae--all species except Morone chrysops, M. mississippiensis, and M. saxatilis and hybrids of these species; and

    (EE) Temperate Perches: Family Percichthyidae--all species.

    (16) Harmful or potentially harmful exotic shellfish-

    (A) Crayfishes: Family Parastacidae--all species;

    (B) Mitten Crabs: Family Varunidae--all species of genus Eriocheir;

    (C) Zebra Mussels: Family Dreissenidae--all species of genus Dreissena;

    (D) Penaeid Shrimp: Family Penaeidae--all species of genera Penaeus, Litopenaeus, Farfantepenaeus, Fenneropenaeus, Marsupenaeus, and Melicertus except Litopenaeus setiferus, Farfantepenaeus aztecus, and F. duorarum;

    (E) Oysters: Family Ostreidae--all species except Crassostrea virginica and Ostrea equestris; and

    (F) Applesnails and Giant Rams-Horn Snails: Family Ampullariidae--all species of the genera Marisa and Pomacea except Pomacea bridgesi (spiketop applesnail).

    (17) Harmful or potentially harmful exotic plants-

    (A) Dotted Duckweed: Family Araceae--Landoltia punctata;

    (B) Salvinia: Family Salviniaceae--all species of genus Salvinia;

    (C) Water hyacinth: Family Pontederiaceae--Eichhornia crassipes (floating water hyacinth) and E. azurea (rooted water hyacinth);

    (D) Waterlettuce: Family Araceae--Pistia stratiotes;

    (E) Hydrilla: Family Hydrocharitaceae--Hydrilla verticillata;

    (F) Lagarosiphon: Family Hydrocharitaceae--Lagarosiphon major;

    (G) Eurasian Watermilfoil: Family Haloragaceae--Myriophyllum spicatum;

    (H) Alligatorweed: Family Amaranthaceae--Alternanthera philoxeroides;

    (I) Paperbark: Family Myrtaceae--Melaleuca quinquenervia;

    (J) Torpedograss: Family Poaceae--Panicum repens;

    (K) Water spinach (also called ong choy, rau mong and kangkong): Family Convolvulaceae--Ipomoea aquatica.

    (L) Ambulia (Asian marshweed): Family Scrophulariaceae--Limnophila sessiliflora;

    (M) Arrowleaf False Pickerelweed: Family Pontederiaceae--Monochoria hastate;

    (N) Heartshaped False Pickerelweed: Family Pontederiaceae--Monochoria vaginalis;

    (O) Duck-lettuce: Family Hydrocharitaceae--Ottelia alismoides;

    (P) Wetland Nightshade: Family Solanaceae--Solanum tampicense;

    (Q) Exotic Bur-reed: Family Sparganiaceae--Sparganium erectum;

    (R) Brazilian Peppertree: Family Anacardiaceae--Schinus terebinthifolius; and

    (S) Purple Loosestrife: Family Lythraceae--Lythrum salicaria.

    (18) Harmful or potentially harmful exotic species exclusion zone--That part of the state that is both south of SH 21 and east of I-35, but not including Brazos County.

    (19) Immediately--Without delay; with no intervening span of time.

    (20) Manifestations of disease--Manifestations of disease include, but are not limited to, one or more of the following: heavy or unusual predator activity, empty guts, emaciation, rostral deformity, digestive gland atrophy or necrosis, gross pathology of shell or underlying skin typical of viral infection, fragile or atypically soft shell, gill fouling, or gill discoloration.

    (21) Nauplius or nauplii--A larval crustacean having no trunk segmentation and only three pairs of appendages.

    (22) Operator--The person responsible for the overall operation of a wastewater treatment facility.

    (23) Place of business--A permanent structure on land where aquatic products or orders for aquatic products are received or where aquatic products are sold or purchased.

    (24) Post-larvae--A juvenile crustacean having acquired a full complement of functional appendages.

    (25) Private facility--A pond, tank, cage, or other structure capable of holding cultured species in confinement wholly within or on private land or water, or within or on permitted public land or water.

    (26) Private facility effluent--Any and all water which has been used in aquaculture activities.

    (27) Private pond--A pond, tank, lake, or other structure capable of holding cultured species in confinement wholly within or on private land.

    (28) Public aquarium--An American Association of Zoological Parks and Aquariums accredited facility for the care and exhibition of aquatic plants and animals.

    (29) Public waters--Bays, estuaries, and water of the Gulf of Mexico within the jurisdiction of the state, and the rivers, streams, creeks, bayous, reservoirs, lakes, and portions of those waters where public access is available without discrimination.

    (30) Quarantine condition--Confinement of exotic shellfish such that neither the shellfish nor the water in which they are or were maintained comes into contact with water in the state and with other fish and/or shellfish.

    (31) Shellfish disease specialist--A person with a degree in veterinary medicine or a Ph.D. who specializes in disease of shellfish.

    (32) Triploid grass or black carp--A grass carp (Ctenopharyngodon idella) or black carp (Mylophryngodon piceus) that has been certified by the United States Fish and Wildlife Service as having 72 chromosomes and as being functionally sterile.

    (33) Waste--Waste shall have the same meaning as in Chapter 26, §26.001(6) of the Texas Water Code.

    (34) Water in the state--Water in the state shall have the same meaning as in Chapter 26, §26.001(5) of the Texas Water Code.

    (35) Wastewater treatment facility--All contiguous land and fixtures, structures or appurtenances used for treating wastewater pursuant to a valid permit issued by the Texas Commission on Environmental Quality.

Source Note: The provisions of this §57.111 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective December 29, 1997, 22 TexReg 12535; amended to be effective June 21, 1998, 23 TexReg 6507; amended to be effective July 19, 2000, 25 TexReg 6772; amended to be effective April 30, 2001, 26 TexReg 3219; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective May 14, 2007, 32 TexReg 2665; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective June 12, 2013, 38 TexReg 3644