(a) Operational plan. Each land based aquaculture facility shall have a written operational plan. The plan shall be approved in writing by the department prior to its implementation and shall include:
  (1) a description of the design and activities of the culture facility;
  (2) the specific site and boundaries in which molluscan shellfish culture activities will be conducted;
  (3) the types and locations of any structures, including rafts, pens, cages, nets, tanks, ponds, or floats which will be placed in the waters;
  (4) the species of molluscan shellfish to be cultured and harvested;
  (5) if appropriate, the source and species of other organisms to be cultured in any polyculture systems;
  (6) procedures to assure that no poisonous or deleterious substances are introduced into the activities;
  (7) a program of sanitation, maintenance, and supervision to prevent contamination of the final molluscan shellfish products;
  (8) a description of the water source, including the details of any water treatment process or method, if necessary;
  (9) a program to maintain water quality, which includes collection of microbial water samples and their method of analysis and routine temperature and salinity monitoring. The bacterial indicator monitored shall be the same as used for monitoring harvest areas;
  (10) collection of information on the microbial and chemical quality of molluscan shellfish harvested from the aquaculture site;
  (11) collection of data concerning the quality of food production (algae or other) used in the artificial harvest system;
  (12) maintenance of the required records; and
  (13) how molluscan shell stock will be harvested, processed if applicable, and sold.
(b) Water systems.
  (1) If the aquaculture system is of a continuous flow through design, water from a harvest area classified as approved in the open status, or in the open status of the conditionally approved classification may be used without treatment at all times molluscan shellfish are held.
  (2) Water used in land-based aquaculture incorporating a closed or recirculating system shall:
    (A) not contaminate molluscan shellfish with residues that would render the product adulterated;
    (B) come from a source meeting the restricted classification criteria at a minimum;
    (C) be maintained, at a minimum, at the bacteriological quality of the restricted classification; and
    (D) be measured at least five times per year.
  (3) If the water in the closed or recirculating system meets the criteria for the conditionally approved classification, the operational plan, prior to molluscan shell stock harvest, shall require, at a minimum:
    (A) collection of three water samples from the tank at least three days apart over a 14-day period; and
    (B) a fecal coliform density of less than 14 MPN per 100 ml in each water sample collected from the holding tank.
(c) Molluscan shell stock quality.
  (1) Molluscan shell stock cultured in any system using water meeting the criteria for the approved classification in the open status throughout the culture period may be used in direct marketing.
  (2) If the water in a closed or recirculating system is classified as conditionally approved and in the open status, and if the water quality meets a fecal coliform level of less than 14 MPN per 100 ml. in each sample collected in the 14 days prior to harvest, the molluscan shell stock may be used in direct marketing.
  (3) Molluscan shell stock cultured in a closed or recirculating system which does not meet the requirements of subsection (b)(3)(A) and (B) of this section shall be relayed or depurated prior to direct marketing.

Source Note: The provisions of this §241.55 adopted to be effective March 20, 2003, 28 TexReg 2346