By: Brown S.B. No. 873
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of aquaculture.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter A, Chapter 134, Agriculture Code, is
1-4 amended to read as follows:
1-5 SUBCHAPTER A. GENERAL PROVISIONS
1-6 Sec. 134.001. DEFINITIONS. In this chapter only:
1-7 (1) "Cultured species" means aquatic [plants or]
1-8 animals raised under conditions where at least a portion of their
1-9 life cycle is controlled by an aquaculturist.
1-10 (2) "Exotic species" means a nonindigenous plant or
1-11 animal not normally found in the public waters in the [of this]
1-12 state.
1-13 (3) "Aquaculturist" or "fish farmer" means any person
1-14 engaged [licensed under this chapter to engage] in aquaculture or
1-15 fish farming.
1-16 (4) "Aquaculture" or "fish farming" means the business
1-17 of producing and selling cultured species raised in private
1-18 facilities. Aquaculture or fish farming is an agricultural
1-19 activity.
1-20 (5) "Private facility" means a pond, tank, cage, or
1-21 other structure capable of holding cultured species in confinement
1-22 wholly within or on private land or water or within or on permitted
1-23 public land or water.
1-24 (6) "Operator" means any person or entity in control
2-1 of or having responsibility for the daily operation of an
2-2 aquaculture facility ["Owner" means an aquaculturist operating a
2-3 facility licensed by the department].
2-4 (7) "Commercial aquaculture facility" means an
2-5 aquaculture facility designed primarily for the production of
2-6 cultured species for the purposes of sale, barter, or exchange.
2-7 (8) "New aquaculture facility" means a commercial
2-8 aquaculture facility whose owner or operator initially sought waste
2-9 discharge authorization from the Texas Natural Resource
2-10 Conservation Commission after January 19, 1999.
2-11 (9) "Coastal zone" has the meaning assigned by Section
2-12 33.004, Natural Resources Code.
2-13 Sec. 134.002. Aquaculture Program. The department may
2-14 [shall establish an aquaculture program that]:
2-15 (1) promote [develops and conducts a plan for
2-16 promoting] aquaculture products;
2-17 (2) provide [licenses and regulates aquaculture
2-18 operations;]
2-19 [(3) provides] technical assistance, including
2-20 demonstrations, to aquaculturists;
2-21 (3) provide [(4) provides] coordinated support
2-22 through colleges and universities and other governmental entities;
2-23 (4) solicit [(5) solicits] financial support from the
2-24 federal government for the aquaculture industry;
2-25 (5) develop [(6) develops] and expand [expands] the
2-26 aquaculture industry to:
3-1 (A) stimulate the state's economy; and
3-2 (B) offer alternative crop opportunities; and
3-3 (6) perform [(7) performs] other functions and
3-4 activities as required by law.
3-5 Sec. 134.003. Program Administrator; Staff. (a) The
3-6 department shall designate a person to administer the department's
3-7 aquaculture program.
3-8 (b) The department or the department's program administrator
3-9 may employ the necessary staff to carry out the functions and
3-10 duties of the department under this chapter.
3-11 Sec. 134.004. Contracts. The department, the Texas Natural
3-12 Resource Conservation Commission, the Texas Animal Health
3-13 Commission, and the Parks and Wildlife Department may contract with
3-14 state, federal, or private entities for assistance in carrying out
3-15 the purposes of this chapter.
3-16 Sec. 134.005. Rules. (a) The department and the Parks and
3-17 Wildlife Commission shall adopt rules to carry out their respective
3-18 duties under this chapter [the aquaculture program].
3-19 (b) The department by rule shall establish record-keeping
3-20 requirements for a commercial aquaculture facility.
3-21 (c) The rules may not conflict with rules issued under
3-22 Section 134.020 [of this code].
3-23 Sec. 134.006. Aquaculture Fund. (a) The aquaculture fund
3-24 is established in the state treasury.
3-25 (b) The department shall deposit to the credit of the fund
3-26 the fees received from licenses issued under this chapter.
4-1 (c) The aquaculture fund may be used only to administer this
4-2 chapter.
4-3 SECTION 2. Sections 134.011, 134.012, 134.013, and 134.014,
4-4 Agriculture Code, are amended to read as follows:
4-5 Sec. 134.011. LICENSING [AQUACULTURE LICENSE REQUIRED].
4-6 (a) A person may not operate an aquaculture facility without first
4-7 having acquired from the department an aquaculture license.
4-8 (b) The department shall:
4-9 (1) maintain an application process for an aquaculture
4-10 license;
4-11 (2) license aquaculture facilities; and
4-12 (3) regulate aquaculture operations.
4-13 (c) The department shall provide a copy of each aquaculture
4-14 license application to the Parks and Wildlife Department and the
4-15 Texas Natural Resource Conservation Commission.
4-16 (d) The department may not issue a license for a new
4-17 aquaculture facility unless the facility has been authorized by the
4-18 Texas Natural Resource Conservation Commission to dispose of
4-19 wastewater or the facility will not dispose of wastewater into
4-20 waters in the state.
4-21 Sec. 134.012. Fish Farm Vehicle License Required.
4-22 (a) Except as provided by Subsection (b) [of this section], if a
4-23 vehicle is used to transport cultured species from a private
4-24 facility and the cultured species are sold from the vehicle, the
4-25 vehicle [a vehicle used to transport fish from a fish farm for sale
4-26 from the vehicle] is required to have a fish farm vehicle license.
5-1 (b) A fish farm vehicle license is not required for a
5-2 vehicle owned and operated by the holder of an aquaculture license.
5-3 (c) A person who operates a vehicle that is owned by the
5-4 holder of an aquaculture license must keep a copy of the license in
5-5 the vehicle when transporting cultured species from a private
5-6 facility.
5-7 Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP PRODUCTION
5-8 WITHIN THE COASTAL ZONE. (a) A commercial aquaculture facility
5-9 located within the coastal zone and engaged in the production of
5-10 shrimp:
5-11 (1) must obtain a site-specific wastewater discharge
5-12 permit from the Texas Natural Resource Conservation Commission
5-13 before the facility may discharge wastewater if the facility will
5-14 discharge wastewater or another substance into waters in the state;
5-15 (2) must provide the report described by Subsection
5-16 (b) and is subject to the review described in Section 134.031(c) if
5-17 the aquaculture facility applies for wastewater disposal
5-18 authorization after receiving exemption or registration by rule
5-19 from the Texas Natural Resource Conservation Commission;
5-20 (3) must obtain an amendment to its site-specific
5-21 discharge permit from the Texas Natural Resource Conservation
5-22 Commission before the facility may increase the amount of discharge
5-23 or change the nature of the discharge above levels allowed by the
5-24 wastewater discharge permit issued by the Texas Natural Resource
5-25 Conservation Commission, except as otherwise provided by Section
5-26 26.0191, Water Code; and
6-1 (4) must provide the report described by Subsection
6-2 (b) and is subject to the review described in Section 134.031(c)
6-3 before the facility may increase the amount of discharge, or change
6-4 the nature of the discharge above levels allowed by the wastewater
6-5 discharge permit issued by the Texas Natural Resource Conservation
6-6 Commission, except as otherwise provided by Section 26.0191, Water
6-7 Code.
6-8 (b) Before issuing a license to a new aquaculture facility
6-9 designed for the commercial production of shrimp that will
6-10 discharge wastewater into waters in the state within the coastal
6-11 zone, the department shall require the applicant to provide a
6-12 report describing the existing environmental conditions at the
6-13 proposed site, including aquatic habitat and the conditions of the
6-14 waters in the state into which a discharge is proposed. The report
6-15 must provide an assessment of any potential impacts of wastewater
6-16 discharges on sensitive aquatic habitats in the area of the
6-17 proposed site, significant impacts related to the construction or
6-18 operation of the facility, and any mitigation actions proposed by
6-19 the applicant.
6-20 (c) The applicant must provide the report required under
6-21 Subsection (b) to the Texas Natural Resource Conservation
6-22 Commission and the Parks and Wildlife Department. The Texas
6-23 Natural Resource Conservation Commission may not issue a wastewater
6-24 discharge permit to a new aquaculture facility designed for the
6-25 commercial production of shrimp and located within the coastal zone
6-26 without consideration of the report described by Subsection (b).
7-1 [BILL OF LADING REQUIRED. A person operating a vehicle
7-2 transporting fish regulated by a bag, possession, or size limit and
7-3 prohibited from sale if taken from the public waters of this state
7-4 shall carry a bill of lading that shows the number and species
7-5 carried, the name of the owner and the location and license number
7-6 of the aquaculture facility from which the species were
7-7 transported, and the destination of the cargo.]
7-8 Sec. 134.014. License Fees. The department shall issue an
7-9 aquaculture license or a fish farm vehicle license on completion of
7-10 applicable license requirements and the payment of a fee by the
7-11 applicant, as provided by department rule.
7-12 SECTION 3. Subsection (c), Section 134.015, Agriculture
7-13 Code, is amended to read as follows:
7-14 (c) The department may suspend an aquaculture license if it
7-15 is determined that the licensee has violated this chapter, [or] a
7-16 rule adopted under this chapter, or Section 66.007, Parks and
7-17 Wildlife Code.
7-18 SECTION 4. Section 134.016, Agriculture Code, is amended to
7-19 read as follows:
7-20 Sec. 134.016. RECORDS. (a) The holder of an aquaculture
7-21 license shall maintain a record of sales of cultured species[,
7-22 regulated by a bag, possesion, or size limit] for a period of time
7-23 of not less than one year. The record is open for inspection by
7-24 designated employees of the Parks and Wildlife Department and the
7-25 department during normal business hours.
7-26 (b) A record of sale for commercially protected finfish as
8-1 provided by Section 66.020, Parks and Wildlife Code, shall contain
8-2 at least the following information:
8-3 (1) invoice number;
8-4 (2) date of shipment;
8-5 (3) name and address of shipper;
8-6 (4) name and address of receiver; and
8-7 (5) number and weight of whole fish or fillets, by
8-8 species, contained in the shipment.
8-9 SECTION 5. Subsection (b), Section 134.023, Agriculture
8-10 Code, is amended to read as follows:
8-11 (b) A person who violates Section 134.019 or 134.020 [of
8-12 this code] commits an offense that is a Class B misdemeanor.
8-13 SECTION 6. Chapter 134, Agriculture Code, is amended by
8-14 adding Subchapter C to read as follows:
8-15 SUBCHAPTER C. INTERAGENCY COOPERATION
8-16 Sec. 134.031. MEMORANDUM OF UNDERSTANDING. (a) The
8-17 department, the Texas Natural Resource Conservation Commission, and
8-18 the Parks and Wildlife Department shall enter into a memorandum of
8-19 understanding for the regulation of matters related to aquaculture.
8-20 (b) The Texas Natural Resource Conservation Commission,
8-21 after receiving an application for a wastewater discharge
8-22 authorization from an aquaculture facility, shall provide a copy of
8-23 the application to the department and the Parks and Wildlife
8-24 Department.
8-25 (c) The department, the Texas Natural Resource Conservation
8-26 Commission, and the Parks and Wildlife Department shall each
9-1 appoint one member of a three-member application review committee
9-2 to review the wastewater discharge authorization application to
9-3 ensure that the proposed discharge will not adversely affect a bay,
9-4 an estuary, or other waters in the state.
9-5 (d) The Parks and Wildlife Department, in consultation with
9-6 the Texas Natural Resource Conservation Commission, may establish
9-7 general guidelines that identify sensitive aquatic habitat within
9-8 the coastal zone. The general guidelines must include factors such
9-9 as the presence of sea grass beds, depth of receiving waters, and
9-10 amount of tidal exchange.
9-11 (e) If the Parks and Wildlife Department establishes the
9-12 guidelines described in Subsection (d), the Parks and Wildlife
9-13 Department must provide the guidelines to the Texas Natural
9-14 Resource Conservation Commission and the department.
9-15 (f) If the Parks and Wildlife Department has established the
9-16 guidelines described in Subsection (d), the Texas Natural Resource
9-17 Conservation Commission must consider the guidelines when reviewing
9-18 wastewater discharge authorization applications for new aquaculture
9-19 facilities located within the coastal zone, or expansion of
9-20 existing facilities located within the coastal zone if the
9-21 expansion will increase the amount of discharge, or change the
9-22 nature of the discharge, above levels allowed by the wastewater
9-23 discharge permit.
9-24 SECTION 7. Section 66.007, Parks and Wildlife Code, is
9-25 amended by adding Subsections (g), (h), (i), (j), (k), and (l) to
9-26 read as follows:
10-1 (g) The commission may adopt rules to control a disease or
10-2 agent of disease transmission that:
10-3 (1) may affect penaeid shrimp species; and
10-4 (2) has the potential to affect cultured species or
10-5 other aquatic species.
10-6 (h) If one or more manifestations of disease is observed in
10-7 any cultured marine penaeid shrimp species, the department shall
10-8 immediately place the aquaculture facility under quarantine
10-9 condition. The department shall determine, by rule, the meaning of
10-10 "manifestation of disease" and "quarantine condition" under this
10-11 section.
10-12 (i) The department may coordinate with the Texas Animal
10-13 Health Commission regarding testing for diseases.
10-14 (j) If an aquaculture facility is under quarantine
10-15 condition, the operator may discharge waste or another substance
10-16 from the facility in accordance with an emergency plan that has
10-17 been submitted to and approved by the department and incorporated
10-18 into a wastewater discharge authorization issued by the Texas
10-19 Natural Resource Conservation Commission.
10-20 (k) In the event of a natural catastrophe, the operator may
10-21 discharge wastewater or another substance from an aquaculture
10-22 facility under quarantine condition in accordance with an emergency
10-23 plan that has been submitted to and approved by the department and
10-24 incorporated into a wastewater discharge authorization issued by
10-25 the Texas Natural Resource Conservation Commission.
10-26 (l) On receiving notice from an owner of the observance of
11-1 manifestations of disease, the department shall immediately:
11-2 (1) notify the Department of Agriculture, the Texas
11-3 Natural Resource Conservation Commission, and the Texas Animal
11-4 Health Commission; and
11-5 (2) advise the Department of Agriculture, the Texas
11-6 Natural Resource Conservation Commission, and the Texas Animal
11-7 Health Commission regarding the appropriate action to be taken.
11-8 SECTION 8. Subsection (f), Section 66.020, Parks and
11-9 Wildlife Code, is amended to read as follows:
11-10 (f) The commission by proclamation may require fish imported
11-11 under this section to be tagged, packaged, and labeled and to be
11-12 accompanied by an invoice. The department [commission] may provide
11-13 a prenumbered invoice to a person importing any of the fish
11-14 described by Subsection (a) of this section into this state from
11-15 another state or foreign country and may charge a fee for the
11-16 invoice in an amount determined by the commission that is
11-17 reasonable to defray the administrative costs incurred under this
11-18 subsection. The invoice shall be used to report shipments of any
11-19 of the fish described by Subsection (a) of this section. A person
11-20 who receives invoices under this subsection must account to the
11-21 department for all invoices received as required by rules adopted
11-22 by the commission. A person commits an offense if the person fails
11-23 or refuses to account for an invoice as required by commission
11-24 rules.
11-25 SECTION 9. Subchapter B, Chapter 26, Water Code, is amended
11-26 by adding Section 26.0345 to read as follows:
12-1 Sec. 26.0345. DISCHARGE FROM AQUACULTURE FACILITIES.
12-2 (a) In addition to wastewater permit conditions established under
12-3 the authority of Sections 5.102, 5.103, 5.120, and 26.040, the
12-4 Texas Natural Resource Conservation Commission, in consultation
12-5 with the Department of Agriculture and the Parks and Wildlife
12-6 Department, shall establish permit conditions relating to suspended
12-7 solids in a discharge permit for an aquaculture facility located
12-8 within the coastal zone and engaged in shrimp production that are
12-9 based on levels and measures adequate to prevent:
12-10 (1) potential significant adverse responses in aquatic
12-11 organisms, changes in flow patterns of receiving waters, or
12-12 untimely filling of bays with settled solids; or
12-13 (2) a potential significant adverse response in
12-14 aquatic plants from attenuation of light by suspended solids in
12-15 discharges.
12-16 (b) In this section, "coastal zone" has the meaning assigned
12-17 by Section 33.004, Natural Resources Code.
12-18 SECTION 10. Effective September 1, 1999, Subchapter D,
12-19 Chapter 1, Parks and Wildlife Code, is repealed and the aquaculture
12-20 executive committee is abolished.
12-21 SECTION 11. This Act takes effect September 1, 1999.
12-22 SECTION 12. The Department of Agriculture, the Texas Natural
12-23 Resource Conservation Commission, and the Parks and Wildlife
12-24 Department shall, as soon as practicable on or after the effective
12-25 date of this Act, enter into the memorandum of understanding
12-26 required by Section 134.031, Agriculture Code, as added by this
13-1 Act.
13-2 SECTION 13. The importance of this legislation and the
13-3 crowded condition of the calendars in both houses create an
13-4 emergency and an imperative public necessity that the
13-5 constitutional rule requiring bills to be read on three several
13-6 days in each house be suspended, and this rule is hereby suspended.