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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 57FISHERIES
SUBCHAPTER AHARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS
RULE §57.114Health Certification of Harmful or Potentially Harmful Exotic Shellfish

(a) All disease-free certification of harmful or potentially harmful exotic shellfish must be conducted by a shellfish disease specialist approved by the department.

(b) Any person importing live harmful or potentially harmful exotic shellfish from facilities outside the state must prior to importation:

  (1) provide documentation to the department that the harmful or potentially harmful exotic shellfish to be imported have been inspected and certified as disease-free by a department-approved shellfish disease specialist; and

  (2) receive acknowledgment from the department that the requirements of paragraph (1) of this subsection have been met.

(c) Any person in possession of harmful or potentially harmful exotic shellfish for the purpose of production of post-larvae must provide to the department monthly certification that nauplii and post-larvae have been examined and are certified to be disease-free. If certification cannot be provided, the harmful or potentially harmful exotic shellfish must be maintained in quarantine condition until the department acknowledges in writing that the stock is disease-free or specifies in writing condition(s) under which the quarantine can be removed.

(d) Any person in possession of harmful or potentially harmful exotic shellfish stocks who observes one or more of the manifestations of disease appearing on the clinical analysis checklist provided by the department shall:

  (1) immediately place the entire facility under quarantine condition, immediately notify the department and immediately request an inspection from a certified inspector; or

  (2) immediately place the entire facility under quarantine condition, immediately notify the department and immediately submit samples of the affected harmful or potentially harmful exotic shellfish to a department-approved shellfish disease specialist for analysis. Results of such analyses shall be forwarded to the department immediately upon receipt.

(e) Upon receiving a request from a permit holder under subsection (d)(1) of this section, the certified inspector shall inspect the private facility, complete the clinical analysis checklist provided by the department, and submit copies of the checklist to the department and the permit holder.

(f) No more than 14 days prior to harvesting ponds or discharging any waste into or adjacent to water in the state, the permittee shall:

  (1) have a certified inspector visit the facility and examine samples of the shellfish from each pond or other structure from which waste will be discharged or from which harmful or potentially harmful exotic shellfish will be harvested or from any other pond or structure that in the opinion of the certified inspector requires further investigation and shall submit the results of the examination to the department on the clinical analysis checklist; or

  (2) submit samples of the harmful or potentially harmful exotic shellfish from each pond or other structure containing such shellfish to a department-approved shellfish disease specialist for analysis no more than 14 days prior to the first discharge or harvest and submit the results of such analyses to the department immediately upon receipt.

(g) If the results of an inspection performed under subsection (f)(1) of this section indicate the presence of one or more manifestations of disease, the permittee shall immediately place the entire facility under quarantine condition and immediately submit samples of the harmful or potentially harmful exotic shellfish from the affected portion(s) of the facility to a department-approved shellfish disease specialist for analysis. Results of such analyses shall be forwarded to the department immediately upon receipt.

(h) If the results of analyses performed under subsection (f)(2) of this section indicate the presence of disease, the permittee shall immediately place the entire facility under quarantine condition.

(i) If the results of inspections or analyses of harmful or potentially harmful exotic shellfish from a private facility quarantined under subsections (d), (g) or (h) of this section indicate the presence of disease, the facility shall remain under quarantine condition until the department removes the quarantine condition in writing or authorizes in writing other actions deemed appropriate by the department based on the required analyses.

(j) If the results of inspections or analyses performed under subsection (f) of this section indicate the absence of any manifestations of disease, the permittee may begin discharging from the facility.


Source Note: The provisions of this §57.114 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 June 29, 2005, 30 TexReg 3728; amended to be effective December 26, 2006, 31 TexReg 10340; amended to be effective June 12, 2013, 38 TexReg 3644

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