(a) Except as provided in §57.113 of this title (relating to General Provisions and Exceptions), no person may transport live controlled exotic species, except for:      
        (1) a person who is a controlled exotic species permit holder, an employee of the permit holder, or a common carrier acting on their behalf and in possession of:                  (A) for permit holders or their employees, a copy of a valid permit issued under this subchapter; and                   (B) a properly executed transport invoice; and                   (C) for triploid grass carp, documentation that the grass carp have been certified as triploid by the Grass Carp Inspection and Certification Inspection Program operated by the U.S. Fish and Wildlife Service.         
        (2) private pond owners transporting tilapia or triploid grass carp to a private pond for stocking purposes in possession of:                  (A) a properly executed transport invoice if obtained from a permit holder; or                   (B) an aquatic product transport invoice in compliance with Parks and Wildlife Code, §47.0181 if obtained from a lawful out-of-state source; and                   (C) for triploid grass carp, a copy of the permit for stocking triploid grass carp.         
        (3) a common carrier, provided that the shipment is:                  (A) transported by aircraft from a point outside the state of Texas to a destination outside of the state of Texas;                   (B) is not moved overland within the state of Texas; and                   (C) is accompanied at all times by documentation of compliance with all applicable local source and destination, federal, and international regulations and statutes.         
        (4) a common carrier, provided the shipment is accompanied at all times by:                  (A) a properly executed transport invoice generated by a controlled exotic species permit holder as described in subsection (c) of this section; or                   (B) for triploid grass carp obtained from a lawful out-of-state source transported to a private pond for the purpose of stocking under a permit issued in accordance with §57.116 of this title (relating to Special Provisions--Triploid Grass Carp):                      (i) a copy of the permit for stocking of triploid grass carp;                       (ii) an aquatic product transport invoice in compliance with Parks and Wildlife Code, §47.0181; and                       (iii) documentation that the grass carp have been certified as triploid by the Grass Carp Inspection and Certification Inspection Program operated by the U.S. Fish and Wildlife Service.           
      (b) Water spinach transport. Water spinach transport requirements are described in §57.118 of this title (relating to Special Provisions--Water Spinach).     
      (c) Transport invoice.      
        (1) A separate transport invoice shall be generated by the controlled exotic species permit holder for each delivery location in advance of transport except as provided in §57.118 of this title and shall accompany the controlled exotic species during transit.       
        (2) A transport invoice shall contain the following information, legibly written:                  (A) date of shipment;                   (B) for the controlled exotic species permit holder from whom the controlled exotic species was obtained:                      (i) name;                       (ii) facility address;                       (iii) phone number; and                       (iv) controlled exotic species permit number, if applicable;                     (C) for the person or entity to whom the controlled exotic species is being transported:                      (i) name;                       (ii) physical address including county where the controlled exotic species will be possessed if different from the mailing address (not a post office box);                       (iii) phone number; and                       (iv) controlled exotic species permit number, if applicable;                     (D) species being transported--for each species listed on the transport invoice, provide:                      (i) the common and scientific names as they appear on the controlled exotic species permit; and                       (ii) the number or weight, by size class; and                     (E) type of transport--import, export, or intrastate (within Texas)         
      (d) Interstate transit.      
        (1) The holder of a controlled exotic species special purpose permit for interstate transit may transport live or viable controlled exotic species from a point outside of Texas via a route through Texas to another point outside of Texas in accordance with this subsection.       
        (2) The department may issue a transit permit that is valid for a single use or for a period of one year. Permits issued for one year shall expire on December 31.       
        (3) An annual or single-use transit permit may be obtained by completing and submitting an application on a department form and payment of the fee as specified in §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits). The initial application for a transit permit shall be submitted at least 30 days prior to any intended transit activity.       
        (4) A person transporting controlled exotic species under the provisions of this subsection shall physically possess a copy of the transit permit at all times during transit and be able to provide documentation accounting for all controlled exotic species being transported.       
        (5) A person transporting controlled exotic species under a transit permit shall ensure that:                  (A) controlled exotic species are securely contained at all times;                   (B) controlled exotic species are not offloaded or transferred; and                   (C) the department is notified immediately following any incident resulting in inadvertent escape, release, or discharge of controlled exotic species from containment, in accordance with permit provisions.         
        (6) For each intended transit, a notice shall be submitted on a department form. The completed notice form shall be submitted with the initial application for a single-use transit permit and at least 24 hours prior to any each intended transit under an annual transit permit. All notices must include:                  (A) the dates and times that the permit holder expects to enter and depart the state of Texas while in possession of controlled exotic species;                   (B) the common and scientific names of each controlled exotic species to be transported;                   (C) the quantity (volumetric, number, weight, or other measurement convention) of each controlled exotic species being transported;                   (D) the specific points of origin and destination of each controlled exotic species being transported;                   (E) the specific route the transport will follow, including the locations where the transporter will enter and depart the state of Texas;                   (F) a description of the make, model, and color of the vehicle, trailer, or other conveyance to be employed in transport and license plate numbers; and                   (G) the name, driver's license number, and contact numbers of the driver or contact information for the commercial shipper transporting the controlled exotic species through the state of Texas.         
     Source Note:        The provisions of this §57.121 adopted to be effective January 27, 2021, 46 TexReg 556