1-1 By: Brown S.B. No. 873
1-2 (In the Senate - Filed March 4, 1999; March 8, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 22, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 22, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 873 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of aquaculture.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter A, Chapter 134, Agriculture Code, is
1-13 amended to read as follows:
1-14 SUBCHAPTER A. GENERAL PROVISIONS
1-15 Sec. 134.001. DEFINITIONS. In this chapter only:
1-16 (1) "Cultured species" means aquatic [plants or]
1-17 animals raised under conditions where at least a portion of their
1-18 life cycle is controlled by an aquaculturist.
1-19 (2) "Exotic species" means a nonindigenous plant or
1-20 animal not normally found in the public waters in the [of this]
1-21 state.
1-22 (3) "Aquaculturist" or "fish farmer" means any person
1-23 engaged [licensed under this chapter to engage] in aquaculture or
1-24 fish farming.
1-25 (4) "Aquaculture" or "fish farming" means the business
1-26 of producing and selling cultured species raised in private
1-27 facilities. Aquaculture or fish farming is an agricultural
1-28 activity.
1-29 (5) "Private facility" means a pond, tank, cage, or
1-30 other structure capable of holding cultured species in confinement
1-31 wholly within or on private land or water or within or on permitted
1-32 public land or water.
1-33 (6) "Operator" means any person or entity in control
1-34 of or having responsibility for the daily operation of an
1-35 aquaculture facility ["Owner" means an aquaculturist operating a
1-36 facility licensed by the department].
1-37 (7) "Commercial aquaculture facility" means an
1-38 aquaculture facility designed primarily for the production of
1-39 cultured species for the purposes of sale, barter, or exchange.
1-40 (8) "New aquaculture facility" means a commercial
1-41 aquaculture facility whose owner or operator initially sought waste
1-42 discharge authorization from the Texas Natural Resource
1-43 Conservation Commission after January 19, 1999.
1-44 (9) "Coastal zone" has the meaning assigned by Section
1-45 33.004, Natural Resources Code.
1-46 Sec. 134.002. Aquaculture Program. The department may
1-47 [shall establish an aquaculture program that]:
1-48 (1) promote [develops and conducts a plan for
1-49 promoting] aquaculture products;
1-50 (2) provide [licenses and regulates aquaculture
1-51 operations;]
1-52 [(3) provides] technical assistance, including
1-53 demonstrations, to aquaculturists;
1-54 (3) provide [(4) provides] coordinated support
1-55 through colleges and universities and other governmental entities;
1-56 (4) solicit [(5) solicits] financial support from the
1-57 federal government for the aquaculture industry;
1-58 (5) develop [(6) develops] and expand [expands] the
1-59 aquaculture industry to:
1-60 (A) stimulate the state's economy; and
1-61 (B) offer alternative crop opportunities; and
1-62 (6) perform [(7) performs] other functions and
1-63 activities as required by law.
1-64 Sec. 134.003. Program Administrator; Staff. (a) The
2-1 department shall designate a person to administer the department's
2-2 aquaculture program.
2-3 (b) The department or the department's program administrator
2-4 may employ the necessary staff to carry out the functions and
2-5 duties of the department under this chapter.
2-6 Sec. 134.004. Contracts. The department, the Texas Natural
2-7 Resource Conservation Commission, the Texas Animal Health
2-8 Commission, and the Parks and Wildlife Department may contract with
2-9 state, federal, or private entities for assistance in carrying out
2-10 the purposes of this chapter.
2-11 Sec. 134.005. Rules. (a) The department and the Parks and
2-12 Wildlife Commission shall adopt rules to carry out their respective
2-13 duties under this chapter [the aquaculture program].
2-14 (b) The department by rule shall establish record-keeping
2-15 requirements for a commercial aquaculture facility.
2-16 (c) The rules may not conflict with rules issued under
2-17 Section 134.020 [of this code].
2-18 Sec. 134.006. Aquaculture Fund. (a) The aquaculture fund
2-19 is established in the state treasury.
2-20 (b) The department shall deposit to the credit of the fund
2-21 the fees received from licenses issued under this chapter.
2-22 (c) The aquaculture fund may be used only to administer this
2-23 chapter.
2-24 SECTION 2. Sections 134.011, 134.012, 134.013, and 134.014,
2-25 Agriculture Code, are amended to read as follows:
2-26 Sec. 134.011. LICENSING [AQUACULTURE LICENSE REQUIRED].
2-27 (a) A person may not operate an aquaculture facility without first
2-28 having acquired from the department an aquaculture license.
2-29 (b) The department shall:
2-30 (1) maintain an application process for an aquaculture
2-31 license;
2-32 (2) license aquaculture facilities; and
2-33 (3) regulate aquaculture operations.
2-34 (c) The department shall provide a copy of each aquaculture
2-35 license application to the Parks and Wildlife Department and the
2-36 Texas Natural Resource Conservation Commission.
2-37 (d) The department may not issue a license for a new
2-38 aquaculture facility unless the facility has been authorized by the
2-39 Texas Natural Resource Conservation Commission to dispose of
2-40 wastewater or the facility will not dispose of wastewater into
2-41 waters in the state.
2-42 Sec. 134.012. Fish Farm Vehicle License Required.
2-43 (a) Except as provided by Subsection (b) [of this section], if a
2-44 vehicle is used to transport cultured species from a private
2-45 facility and the cultured species are sold from the vehicle, the
2-46 vehicle [a vehicle used to transport fish from a fish farm for sale
2-47 from the vehicle] is required to have a fish farm vehicle license.
2-48 (b) A fish farm vehicle license is not required for a
2-49 vehicle owned and operated by the holder of an aquaculture license.
2-50 (c) A person who operates a vehicle that is owned by the
2-51 holder of an aquaculture license must keep a copy of the license in
2-52 the vehicle when transporting cultured species from a private
2-53 facility.
2-54 Sec. 134.013. ADDITIONAL REQUIREMENTS FOR SHRIMP PRODUCTION
2-55 WITHIN THE COASTAL ZONE. (a) A commercial aquaculture facility
2-56 located within the coastal zone and engaged in the production of
2-57 shrimp:
2-58 (1) must obtain a site-specific wastewater discharge
2-59 permit from the Texas Natural Resource Conservation Commission
2-60 before the facility may discharge wastewater if the facility will
2-61 discharge wastewater or another substance into waters in the state;
2-62 (2) must provide the report described by Subsection
2-63 (b) and is subject to the review described in Section 134.031(c) if
2-64 the aquaculture facility applies for wastewater disposal
2-65 authorization after receiving exemption or registration by rule
2-66 from the Texas Natural Resource Conservation Commission;
2-67 (3) must obtain an amendment to its site-specific
2-68 discharge permit from the Texas Natural Resource Conservation
2-69 Commission before the facility may increase the amount of discharge
3-1 or change the nature of the discharge above levels allowed by the
3-2 wastewater discharge permit issued by the Texas Natural Resource
3-3 Conservation Commission, except as otherwise provided by Section
3-4 26.0191, Water Code; and
3-5 (4) must provide the report described by Subsection
3-6 (b) and is subject to the review described in Section 134.031(c)
3-7 before the facility may increase the amount of discharge, or change
3-8 the nature of the discharge above levels allowed by the wastewater
3-9 discharge permit issued by the Texas Natural Resource Conservation
3-10 Commission, except as otherwise provided by Section 26.0191, Water
3-11 Code.
3-12 (b) Before issuing a license to a new aquaculture facility
3-13 designed for the commercial production of shrimp that will
3-14 discharge wastewater into waters in the state within the coastal
3-15 zone, the department shall require the applicant to provide a
3-16 report describing the existing environmental conditions at the
3-17 proposed site, including aquatic habitat and the conditions of the
3-18 waters in the state into which a discharge is proposed. The report
3-19 must provide an assessment of any potential impacts of wastewater
3-20 discharges on sensitive aquatic habitats in the area of the
3-21 proposed site, significant impacts related to the construction or
3-22 operation of the facility, and any mitigation actions proposed by
3-23 the applicant.
3-24 (c) The applicant must provide the report required under
3-25 Subsection (b) to the Texas Natural Resource Conservation
3-26 Commission and the Parks and Wildlife Department. The Texas
3-27 Natural Resource Conservation Commission may not issue a wastewater
3-28 discharge permit to a new aquaculture facility designed for the
3-29 commercial production of shrimp and located within the coastal zone
3-30 without consideration of the report described by Subsection (b).
3-31 [BILL OF LADING REQUIRED. A person operating a vehicle
3-32 transporting fish regulated by a bag, possession, or size limit and
3-33 prohibited from sale if taken from the public waters of this state
3-34 shall carry a bill of lading that shows the number and species
3-35 carried, the name of the owner and the location and license number
3-36 of the aquaculture facility from which the species were
3-37 transported, and the destination of the cargo.]
3-38 Sec. 134.014. License Fees. The department shall issue an
3-39 aquaculture license or a fish farm vehicle license on completion of
3-40 applicable license requirements and the payment of a fee by the
3-41 applicant, as provided by department rule.
3-42 SECTION 3. Subsection (c), Section 134.015, Agriculture
3-43 Code, is amended to read as follows:
3-44 (c) The department may suspend an aquaculture license if it
3-45 is determined that the licensee has violated this chapter, [or] a
3-46 rule adopted under this chapter, or Section 66.007, Parks and
3-47 Wildlife Code.
3-48 SECTION 4. Section 134.016, Agriculture Code, is amended to
3-49 read as follows:
3-50 Sec. 134.016. RECORDS. (a) The holder of an aquaculture
3-51 license shall maintain a record of sales of cultured species[,
3-52 regulated by a bag, possesion, or size limit] for a period of time
3-53 of not less than one year. The record is open for inspection by
3-54 designated employees of the Parks and Wildlife Department and the
3-55 department during normal business hours.
3-56 (b) A record of sale for commercially protected finfish as
3-57 provided by Section 66.020, Parks and Wildlife Code, shall contain
3-58 at least the following information:
3-59 (1) invoice number;
3-60 (2) date of shipment;
3-61 (3) name and address of shipper;
3-62 (4) name and address of receiver; and
3-63 (5) number and weight of whole fish or fillets, by
3-64 species, contained in the shipment.
3-65 SECTION 5. Subsection (b), Section 134.023, Agriculture
3-66 Code, is amended to read as follows:
3-67 (b) A person who violates Section 134.019 or 134.020 [of
3-68 this code] commits an offense that is a Class B misdemeanor.
3-69 SECTION 6. Chapter 134, Agriculture Code, is amended by
4-1 adding Subchapter C to read as follows:
4-2 SUBCHAPTER C. INTERAGENCY COOPERATION
4-3 Sec. 134.031. MEMORANDUM OF UNDERSTANDING. (a) The
4-4 department, the Texas Natural Resource Conservation Commission, and
4-5 the Parks and Wildlife Department shall enter into a memorandum of
4-6 understanding for the regulation of matters related to aquaculture.
4-7 (b) The Texas Natural Resource Conservation Commission,
4-8 after receiving an application for a wastewater discharge
4-9 authorization from an aquaculture facility, shall provide a copy of
4-10 the application to the department and the Parks and Wildlife
4-11 Department.
4-12 (c) The department, the Texas Natural Resource Conservation
4-13 Commission, and the Parks and Wildlife Department shall each
4-14 appoint one member of a three-member application review committee
4-15 to review the wastewater discharge authorization application to
4-16 ensure that the proposed discharge will not adversely affect a bay,
4-17 an estuary, or other waters in the state.
4-18 (d) The Parks and Wildlife Department, in consultation with
4-19 the Texas Natural Resource Conservation Commission, may establish
4-20 general guidelines that identify sensitive aquatic habitat within
4-21 the coastal zone. The general guidelines must include factors such
4-22 as the presence of sea grass beds, depth of receiving waters, and
4-23 amount of tidal exchange.
4-24 (e) If the Parks and Wildlife Department establishes the
4-25 guidelines described in Subsection (d), the Parks and Wildlife
4-26 Department must provide the guidelines to the Texas Natural
4-27 Resource Conservation Commission and the department.
4-28 (f) If the Parks and Wildlife Department has established the
4-29 guidelines described in Subsection (d), the Texas Natural Resource
4-30 Conservation Commission must consider the guidelines when reviewing
4-31 wastewater discharge authorization applications for new aquaculture
4-32 facilities located within the coastal zone, or expansion of
4-33 existing facilities located within the coastal zone if the
4-34 expansion will increase the amount of discharge, or change the
4-35 nature of the discharge, above levels allowed by the wastewater
4-36 discharge permit.
4-37 SECTION 7. Section 66.007, Parks and Wildlife Code, is
4-38 amended by adding Subsections (g), (h), (i), (j), (k), and (l) to
4-39 read as follows:
4-40 (g) The commission may adopt rules to control a disease or
4-41 agent of disease transmission that:
4-42 (1) may affect penaeid shrimp species; and
4-43 (2) has the potential to affect cultured species or
4-44 other aquatic species.
4-45 (h) If one or more manifestations of disease is observed in
4-46 any cultured marine penaeid shrimp species, the department shall
4-47 immediately place the aquaculture facility under quarantine
4-48 condition. The department shall determine, by rule, the meaning of
4-49 "manifestation of disease" and "quarantine condition" under this
4-50 section.
4-51 (i) The department may coordinate with the Texas Animal
4-52 Health Commission regarding testing for diseases.
4-53 (j) If an aquaculture facility is under quarantine
4-54 condition, the operator may discharge waste or another substance
4-55 from the facility in accordance with an emergency plan that has
4-56 been submitted to and approved by the department and incorporated
4-57 into a wastewater discharge authorization issued by the Texas
4-58 Natural Resource Conservation Commission.
4-59 (k) In the event of a natural catastrophe, the operator may
4-60 discharge wastewater or another substance from an aquaculture
4-61 facility under quarantine condition in accordance with an emergency
4-62 plan that has been submitted to and approved by the department and
4-63 incorporated into a wastewater discharge authorization issued by
4-64 the Texas Natural Resource Conservation Commission.
4-65 (l) On receiving notice from an owner of the observance of
4-66 manifestations of disease, the department shall immediately:
4-67 (1) notify the Department of Agriculture, the Texas
4-68 Natural Resource Conservation Commission, and the Texas Animal
4-69 Health Commission; and
5-1 (2) advise the Department of Agriculture, the Texas
5-2 Natural Resource Conservation Commission, and the Texas Animal
5-3 Health Commission regarding the appropriate action to be taken.
5-4 SECTION 8. Subsection (f), Section 66.020, Parks and
5-5 Wildlife Code, is amended to read as follows:
5-6 (f) The commission by proclamation may require fish imported
5-7 under this section to be tagged, packaged, and labeled and to be
5-8 accompanied by an invoice. The department [commission] may provide
5-9 a prenumbered invoice to a person importing any of the fish
5-10 described by Subsection (a) of this section into this state from
5-11 another state or foreign country and may charge a fee for the
5-12 invoice in an amount determined by the commission that is
5-13 reasonable to defray the administrative costs incurred under this
5-14 subsection. The invoice shall be used to report shipments of any
5-15 of the fish described by Subsection (a) of this section. A person
5-16 who receives invoices under this subsection must account to the
5-17 department for all invoices received as required by rules adopted
5-18 by the commission. A person commits an offense if the person fails
5-19 or refuses to account for an invoice as required by commission
5-20 rules.
5-21 SECTION 9. Subchapter B, Chapter 26, Water Code, is amended
5-22 by adding Section 26.0345 to read as follows:
5-23 Sec. 26.0345. DISCHARGE FROM AQUACULTURE FACILITIES.
5-24 (a) In addition to wastewater permit conditions established under
5-25 the authority of Sections 5.102, 5.103, 5.120, and 26.040, the
5-26 Texas Natural Resource Conservation Commission, in consultation
5-27 with the Department of Agriculture and the Parks and Wildlife
5-28 Department, shall establish permit conditions relating to suspended
5-29 solids in a discharge permit for an aquaculture facility located
5-30 within the coastal zone and engaged in shrimp production that are
5-31 based on levels and measures adequate to prevent:
5-32 (1) potential significant adverse responses in aquatic
5-33 organisms, changes in flow patterns of receiving waters, or
5-34 untimely filling of bays with settled solids; or
5-35 (2) a potential significant adverse response in
5-36 aquatic plants from attenuation of light by suspended solids in
5-37 discharges.
5-38 (b) In this section, "coastal zone" has the meaning assigned
5-39 by Section 33.004, Natural Resources Code.
5-40 SECTION 10. Effective September 1, 1999, Subchapter D,
5-41 Chapter 1, Parks and Wildlife Code, is repealed and the aquaculture
5-42 executive committee is abolished.
5-43 SECTION 11. This Act takes effect September 1, 1999.
5-44 SECTION 12. The Department of Agriculture, the Texas Natural
5-45 Resource Conservation Commission, and the Parks and Wildlife
5-46 Department shall, as soon as practicable on or after the effective
5-47 date of this Act, enter into the memorandum of understanding
5-48 required by Section 134.031, Agriculture Code, as added by this
5-49 Act.
5-50 SECTION 13. The importance of this legislation and the
5-51 crowded condition of the calendars in both houses create an
5-52 emergency and an imperative public necessity that the
5-53 constitutional rule requiring bills to be read on three several
5-54 days in each house be suspended, and this rule is hereby suspended.
5-55 * * * * *