(a) Except as provided in this section or the provisions of §57.113 of this title (relating to General Provisions and Exceptions), no person may possess, import, export, sell, purchase, transport, propagate, or culture, or offer to import, export, sell, purchase, or transport tilapia unless the person is the holder of a valid controlled exotic species permit and is in compliance with the terms of the permit.     
      (b) Private ponds stocked with tilapia shall be designed and maintained such that escape, release, or discharge of tilapia from the pond into public water is not likely to occur.     
      (c) Non-commercial aquaculture. No permit is required under this subchapter to purchase, possess, transport, or propagate blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), and hybrids between these species for non-commercial (i.e., no sale) aquaculture purposes provided that:      
        (1) Live tilapia purchased in accordance with the provisions of this subchapter are transported to the aquaculture location in accordance with §57.121 of this title (relating to Transport of Live Controlled Exotic Species);       
        (2) Tilapia are not sold, offered for sale, or exchanged for money or anything of value;       
        (3) Tilapia are possessed solely in a recirculating aquaculture system constructed such that:                  (A) escape, release, or discharge of tilapia into public water is not likely to occur; and                   (B) no discharge of wastewater or waste into or adjacent to water in the state is likely to occur;         
        (4) Adequate security measures are in place to prevent unauthorized removal of tilapia; and       
        (5) Tilapia are killed in accordance with the provisions of §57.113(e) of this title prior to being transferred to another person or disposed.       
      (d) Stocking in private ponds.      
        (1) No person holding tilapia in a private pond may sell, offer for sale, or exchange tilapia for money or anything of value.       
        (2) Upon reclassification of any county in the stocking zone to conservation zone, the conservation zone provisions shall apply to all future stockings in that county.       
        (3) Conservation zone provisions. Prior to stocking tilapia into a private pond in the conservation zone, the landowner or their agent must obtain written approval from the department.                  (A) Approval shall be requested by completing and submitting a department form at least 30 days prior to the intended stocking. The request shall contain the following information, legibly written:                      (i) the name, address, and phone number of the person requesting approval;                       (ii) the specific address or coordinates of the location of the private pond;                       (iii) a map of the location with the pond clearly marked; and                       (iv) the proposed date and purpose of introduction.                     (B) The department may provide approval for stocking of blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids between these species into a private pond in the conservation zone upon finding that the private pond is compliant with the provisions of subsection (b) of this section and does not pose a significant risk to species designated as endangered, threatened, or a Species of Greatest Conservation Need.                   (C) Written approval provided by the department for stocking of tilapia into a private pond in the conservation zone is specific to the pond for which approval was granted and is transferrable with the sale of the property. Written approval shall not expire or require renewal provided that the pond is not modified in any way that could result in increased risk of escape, release, or discharge of controlled exotic species into public water.         
        (4) Stocking zone provisions. In the stocking zone no authorization or permit is required under this subchapter to purchase, possess, transport, or stock into a private pond blue tilapia (O. aureus), Mozambique tilapia (O. mossambicus), Nile tilapia (O. niloticus), Wami tilapia (O. hornorum), or hybrids between these species provided that the private pond is compliant with the provisions of subsection (b) of this section.       
        (5) Tilapia stocked in a private pond must be killed in accordance with the provisions of §57.113(e) of this title prior to being transported or transferred to another person.       
        (6) A person in possession of live tilapia stocked in a private pond must possess and retain an exotic species transport invoice provided by the seller as described in §57.121 of this title for a period of one year from the date the tilapia were obtained or as long as the tilapia are in the water, whichever is longer.       
      (e) Commercial sale of tilapia for pond stocking. No tilapia may be stocked in or provided for the purpose of stocking into private ponds within the conservation zone without the landowner or their agent first obtaining written approval from the department as described in subsection (d) of this section.     
     Source Note:        The provisions of this §57.115 adopted to be effective January 27, 2021, 46 TexReg 556