SECTION 57.256. Amendment

(a) An offshore aquaculture permit may be amended, provided the applicant:

(1) has complied with all requirements of this subchapter and permit provisions during the one-year period immediately preceding the date of the application for amendment;

(2) has complied with all applicable requirements of §57.253 of this title (relating to Permit Application);

(3) has completed and submitted an application for permit amendment; and

(4) the amendment is not extensive enough to warrant an additional facility inspection. An amendment extensive enough to warrant an additional facility inspection shall be treated as an application for a new permit and the provisions of §57.253 of this title shall apply.

(b) Prior to approval of a permit amendment, no person shall:

(1) introduce new species of stock to a facility;

(2) discontinue any species of stock in a facility;

(3) change the source of stock;

(4) modify methods, procedures, facility design, or facility infrastructure affecting:

(A) the physical components of the facility;

(B) the prevention of escape of stock from the facility; or

(C) the discharge of pollutants from the facility; or

(5) change the physical structure or components of an enclosure.

(c) An application for a permit amendment must be submitted within 10 days of any change in ownership of the facility or stock.

(d) The department will not amend an expired permit.

Source Note: The provisions of this §57.256 adopted to be effective April 11, 2007, 32 TexReg 2012