By: Brown S.B. No. 873
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 [licensed under this chapter to engage] engaged 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
2-1 public land or water.
2-2 (6) "Operator" means any person or entity in control
2-3 of or having responsibility for the daily operation of an
2-4 aquaculture facility ["Owner" means an aquaculturist operating a
2-5 facility licensed by the department].
2-6 (7) "Commercial aquaculture facility" means an
2-7 aquaculture facility designed primarily for the production of
2-8 cultured species for the purposes of sale, barter, or exchange.
2-9 (8) "New aquaculture facility" means a commercial
2-10 aquaculture facility whose owner or operator initially sought waste
2-11 discharge authorization from the Texas Natural Resource
2-12 Conservation Commission after January 19, 1999.
2-13 (9) "Coastal zone" has the meaning assigned by Section
2-14 33.004, Natural Resources Code.
2-15 Sec. 134.002. Aquaculture Program. The department may
2-16 [shall establish an aquaculture program that]:
2-17 (1) promote [develops and conducts a plan for
2-18 promoting] aquaculture products;
2-19 (2) provide [licenses and regulates aquaculture
2-20 operations;]
2-21 [(3) provides] technical assistance, including
2-22 demonstrations, to aquaculturists;
2-23 (3) provide [(4) provides] coordinated support
2-24 through colleges and universities and other governmental entities;
2-25 (4) solicit [(5) solicits] financial support from the
2-26 federal government for the aquaculture industry;
3-1 (5) develop [(6) develops] and expand [expands] the
3-2 aquaculture industry to:
3-3 (A) stimulate the state's economy; and
3-4 (B) offer alternative crop opportunities; and
3-5 (6) perform [(7) performs] other functions and
3-6 activities as required by law.
3-7 Sec. 134.003. Program Administrator; Staff. (a) The
3-8 department shall designate a person to administer the department's
3-9 aquaculture program.
3-10 (b) The department or the department's program administrator
3-11 may employ the necessary staff to carry out the functions and
3-12 duties of the department under this chapter.
3-13 Sec. 134.004. Contracts. The department, the Texas Natural
3-14 Resource Conservation Commission, the Texas Animal Health
3-15 Commission, and the Parks and Wildlife Department may contract with
3-16 state, federal, or private entities for assistance in carrying out
3-17 the purposes of this chapter.
3-18 Sec. 134.005. Rules. (a) The department and the Parks and
3-19 Wildlife Commission shall adopt rules to carry out their respective
3-20 duties under this chapter [the aquaculture program].
3-21 (b) The department by rule shall establish recordkeeping
3-22 requirements for a commercial aquaculture facility.
3-23 (c) The rules may not conflict with rules issued under
3-24 Section 134.020 [of this code].
3-25 Sec. 134.006. Aquaculture Fund. (a) The aquaculture fund
3-26 is established in the state treasury.
4-1 (b) The department shall deposit to the credit of the fund
4-2 the fees received from licenses issued under this chapter.
4-3 (c) The aquaculture fund may be used only to administer this
4-4 chapter.
4-5 SECTION 2. Sections 134.011, 134.012, 134.013, and 134.014,
4-6 Agriculture Code, are amended to read as follows:
4-7 Sec. 134.011. LICENSING [AQUACULTURE LICENSE REQUIRED].
4-8 (a) A person may not operate an aquaculture facility without first
4-9 having acquired from the department an aquaculture license.
4-10 (b) The department shall:
4-11 (1) maintain an application process for an aquaculture
4-12 license;
4-13 (2) license aquaculture facilities; and
4-14 (3) regulate aquaculture operations.
4-15 (c) The department shall provide a copy of each aquaculture
4-16 license application to the Parks and Wildlife Department and the
4-17 Texas Natural Resource Conservation Commission.
4-18 (d) The department may not issue a license for a new
4-19 aquaculture facility unless the facility has been authorized by the
4-20 Texas Natural Resource Conservation Commission to dispose of
4-21 wastewater, or the facility will not dispose of wastewater into
4-22 waters in the state.
4-23 Sec. 134.012. Fish Farm Vehicle License Required.
4-24 (a) Except as provided by Subsection (b) [of this section], if a
4-25 vehicle is used to transport cultured species from a private
4-26 facility, and the cultured species are sold from the vehicle, the
5-1 vehicle [a vehicle used to transport fish from a fish farm for sale
5-2 from the vehicle] is required to have a fish farm vehicle license.
5-3 (b) A fish farm vehicle license is not required for a
5-4 vehicle owned and operated by the holder of an aquaculture license.
5-5 (c) A person who operates a vehicle that is owned by the
5-6 holder of an aquaculture license must keep a copy of the license in
5-7 the vehicle when transporting cultured species from a private
5-8 facility.
5-9 Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP PRODUCTION
5-10 WITHIN THE COASTAL ZONE. (a) A commercial aquaculture facility
5-11 located within the coastal zone engaged in the production of
5-12 shrimp:
5-13 (1) must obtain a site-specific wastewater discharge
5-14 permit from the Texas Natural Resource Conservation Commission
5-15 before the facility may discharge wastewater if the facility will
5-16 discharge wastewater or another substance into waters in the state;
5-17 (2) must provide the report described by Subsection
5-18 (b) and is subject to the review described in Section 134.031(c) if
5-19 the aquaculture facility applies for wastewater disposal
5-20 authorization after receiving exemption or registration by rule
5-21 from the Texas Natural Resource Conservation Commission; and
5-22 (3) must obtain an amendment to its site-specific
5-23 discharge permit from the Texas Natural Resource Conservation
5-24 Commission before the facility may increase the amount of
5-25 discharge, or change the nature of the discharge above levels
5-26 allowed by the wastewater discharge permit issued by the Texas
6-1 Natural Resource Conservation Commission, except as otherwise
6-2 provided by Chapter 26.0191, Water Code.
6-3 (4) must provide the report described by Subsection
6-4 (b) and is subject to the review described in Section 134.031(c)
6-5 before the facility may increase the amount of discharge, or change
6-6 the nature of the discharge above levels allowed by the wastewater
6-7 discharge permit issued by the Texas Natural Resource Conservation
6-8 Commission, except as otherwise provided by Chapter 26.0191, Water
6-9 Code.
6-10 (b) Before issuing a license to a new aquaculture facility
6-11 designed for the commercial production of shrimp that will
6-12 discharge wastewater into waters in the state within the coastal
6-13 zone, the department shall require the applicant to provide a
6-14 report describing the existing environmental conditions at the
6-15 proposed site, including aquatic habitat and the conditions of the
6-16 waters in the state into which a discharge is proposed. The report
6-17 must provide an assessment of any potential impacts of wastewater
6-18 discharges on sensitive aquatic habitats in the areas of the
6-19 proposed site, significant impacts related to the construction or
6-20 operation of the facility, and any mitigation actions proposed by
6-21 the applicant.
6-22 (c) The applicant must provide the report required under
6-23 Subsection (b) to the Texas Natural Resource Conservation
6-24 Commission and the Parks and Wildlife Department. The Texas
6-25 Natural Resource Conservation Commission may not issue a wastewater
6-26 discharge permit to a new aquaculture facility designed for the
7-1 commercial production of shrimp located within the coastal zone
7-2 without consideration of the report described by Subsection (b).
7-3 [BILL OF LADING REQUIRED. A person operating a vehicle
7-4 transporting fish regulated by a bag, possession, or size limit and
7-5 prohibited from sale if taken from the public waters of this state
7-6 shall carry a bill of lading that shows the number and species
7-7 carried, the name of the owner and the location and license number
7-8 of the aquaculture facility from which the species were
7-9 transported, and the destination of the cargo.]
7-10 Sec. 134.014. License Fees. The department shall issue an
7-11 aquaculture license or a fish farm vehicle license on completion of
7-12 applicable license requirements and the payment of a fee by the
7-13 applicant, as provided by department rule.
7-14 SECTION 3. Section 134.015(c), Agriculture Code, is amended
7-15 to read as follows:
7-16 (c) The department may suspend an aquaculture license if it
7-17 is determined that the licensee has violated this chapter, [or] a
7-18 rule adopted under this chapter, or Section 66.007, Parks and
7-19 Wildlife Code.
7-20 SECTION 4. Section 134.016, Agriculture Code, is amended to
7-21 read as follows:
7-22 Sec. 134.016. Records. The holder of an aquaculture license
7-23 shall maintain an invoice for each shipment of an aquatic product
7-24 shipped from a private facility for commercial purposes as provided
7-25 by Chapters 47 and 66, Parks and Wildlife Code, and rules adopted
7-26 by the Parks and Wildlife Commission [a record of sales of cultured
8-1 species, regulated by a bag, possession, or size limit for a period
8-2 of time of not less than one year. The record is open for
8-3 inspection by designated employees of the department during normal
8-4 business hours].
8-5 SECTION 5. Section 134.023(b), Agriculture Code, is amended
8-6 to read as follows:
8-7 (b) A person who violates Section 134.019 or 134.020 [of
8-8 this code] commits an offense that is a Class B misdemeanor.
8-9 SECTION 6. Chapter 134, Agriculture Code, is amended by
8-10 adding Subchapter C to read as follows:
8-11 SUBCHAPTER C. INTERAGENCY COOPERATION
8-12 Sec. 134.031. MEMORANDUM OF UNDERSTANDING. (a) The
8-13 department, the Texas Natural Resource Conservation Commission, and
8-14 the Parks and Wildlife Department shall enter into a memorandum of
8-15 understanding for the regulation of matters related to aquaculture.
8-16 (b) The Texas Natural Resource Conservation Commission,
8-17 after receiving an application for a wastewater discharge
8-18 authorization from an aquaculture facility, shall provide a copy of
8-19 the application to the department and the Parks and Wildlife
8-20 Department.
8-21 (c) The department, the Texas Natural Resource Conservation
8-22 Commission, and the Parks and Wildlife Department shall each
8-23 appoint one member of a three-member application review committee
8-24 to review the wastewater discharge authorization application to
8-25 ensure that the proposed discharge will not adversely affect a bay,
8-26 an estuary, or other waters in the state.
9-1 (d) The Parks and Wildlife Department, in consultation with
9-2 the Texas Natural Resource Conservation Commission, may establish
9-3 general guidelines that identify sensitive aquatic habitat within
9-4 the coastal zone. The general guidelines must include factors such
9-5 as presence of sea grass beds, depth of receiving waters, and
9-6 amount of tidal exchange.
9-7 (e) If the Parks and Wildlife Department establishes the
9-8 guidelines in Subsection (d), the Parks and Wildlife Department
9-9 must provide the guidelines to the Texas Natural Resource
9-10 Conservation Commission, and the department.
9-11 (f) If the Parks and Wildlife Department has established
9-12 guidelines described by Subsection (d), the Texas Natural Resource
9-13 Conservation Commission must consider the guidelines when reviewing
9-14 wastewater discharge authorization applications for new aquaculture
9-15 facilities located within the coastal zone, or expansion of
9-16 existing facilities located within the coastal zone if the
9-17 expansion will increase the amount of discharge, or change the
9-18 nature of the discharge, above levels allowed by the wastewater
9-19 discharge permit.
9-20 SECTION 7. Section 66.007, Parks and Wildlife Code, is
9-21 amended by adding Subsections (g), (h), (i), (j), (k), and (l) to
9-22 read as follows:
9-23 (g) The commission may adopt rules to control a disease or
9-24 agent of disease transmission that:
9-25 (1) may affect penaeid shrimp species; and
9-26 (2) has the potential to affect cultured species or
10-1 other aquatic species.
10-2 (h) If one or more manifestations of disease is observed in
10-3 any cultured marine penaeid shrimp species, the department shall
10-4 immediately place the aquaculture facility under quarantine
10-5 condition. The department shall determine, by rule, the meaning of
10-6 "manifestation of disease" and "quarantine condition" under this
10-7 section.
10-8 (i) The department may coordinate with the Texas Animal
10-9 Health Commission regarding testing for diseases.
10-10 (j) If an aquaculture facility is under quarantine
10-11 condition, the owner may not discharge waste or another substance
10-12 from the facility except as allowed by commission rule.
10-13 (k) In the event of a natural catastrophe, the owner may
10-14 discharge wastewater or another substance from an aquaculture
10-15 facility under quarantine condition in accordance with an emergency
10-16 plan that has been submitted to and approved by the department in
10-17 consultation with the Texas Natural Resource Conservation
10-18 Commission and the Texas Animal Health Commission.
10-19 (l) On receiving notice from an owner of the observance of
10-20 manifestations of disease, the department shall immediately:
10-21 (1) notify the Department of Agriculture, the Texas
10-22 Natural Resource Conservation Commission, and the Texas Animal
10-23 Health Commission; and
10-24 (2) advise the Department of Agriculture, the Texas
10-25 Natural Resource Conservation Commission, and the Texas Animal
10-26 Health Commission regarding the appropriate action to be taken.
11-1 SECTION 8. Sections 66.020(f), Parks and Wildlife Code, is
11-2 amended to read as follows:
11-3 (f) The commission by proclamation may require fish imported
11-4 under this section to be tagged, packaged, and labeled and to be
11-5 accompanied by an invoice. The department [commission] may provide
11-6 a prenumbered invoice to a person importing any of the fish
11-7 described by Subsection (a) of this section into this state from
11-8 another state or foreign country and may charge a fee for the
11-9 invoice in an amount determined by the commission that is
11-10 reasonable to defray the administrative costs incurred under this
11-11 subsection. The invoice shall be used to report shipments of any
11-12 of the fish described by Subsection (a) of this section. A person
11-13 who receives invoices under this subsection must account to the
11-14 department for all invoices received as required by rules adopted
11-15 by the commission. A person commits an offense if the person fails
11-16 or refuses to account for an invoice as required by commission
11-17 rules.
11-18 SECTION 9. Subchapter B, Chapter 26, Water Code, is amended
11-19 by adding Section 26.0345 to read as follows:
11-20 Sec. 26.0345. DISCHARGE FROM AQUACULTURE FACILITIES.
11-21 (a) In addition to wastewater permit conditions established under
11-22 the authority of Sections 5.102, 5.103, 5.120, and 26.040, Water
11-23 Code, the Texas Natural Resource Conservation Commission, in
11-24 consultation with the Department of Agriculture and the Parks and
11-25 Wildlife Department, shall establish permit conditions relating to
11-26 suspended solids in a discharge permit for an aquaculture facility
12-1 located within the coastal zone and engaged in shrimp production
12-2 that are based on levels and measures adequate to prevent:
12-3 (1) potential significant adverse responses in aquatic
12-4 organisms, changes in flow patterns of receiving waters, or
12-5 untimely filling of bays with settled solids; or
12-6 (2) a potential significant adverse response in
12-7 aquatic plants from attenuation of light by suspended solids in
12-8 discharges.
12-9 (b) In this section, "coastal zone" has the meaning assigned
12-10 by Section 33.004, Natural Resources Code.
12-11 SECTION 10. Effective September 1, 1999, Subchapter D,
12-12 Chapter 1, Parks and Wildlife Code, is repealed. The aquaculture
12-13 executive committee is abolished on that date.
12-14 SECTION 11. This Act takes effect September 1, 1999.
12-15 SECTION 12. The Department of Agriculture, the Texas Natural
12-16 Resource Conservation Commission, and the Parks and Wildlife
12-17 Department shall, as soon as practicable on or after the effective
12-18 date of this Act, enter into the memorandum of understanding
12-19 required by Section 134.031, Agriculture Code, as added by this
12-20 Act.
12-21 SECTION 13. The importance of this legislation and the
12-22 crowded condition of the calendars in both houses create an
12-23 emergency and an imperative public necessity that the
12-24 constitutional rule requiring bills to be read on three several
12-25 days in each house be suspended, and this rule is hereby suspended.