(a) A permit issued under this subchapter for a specific facility is valid only for the site named on the permit and may not be amended to authorize any other facility.
(b) A permit must be amended and the permit holder must receive the amended permit prior to any of the following actions on the part of the permit holder:
  (1) obtaining species or subspecies of controlled exotic species requested for addition to the amended permit;
  (2) transferring managerial or supervisory responsibilities to a person other than the current permit holder;
  (3) changing methods of preventing discharge of wastewater; or
  (4) changing methods of preventing escape, discharge, or release of controlled exotic species.
(c) A permit issued under this subchapter may be amended or renewed upon a finding by the department that the applicant has:
  (1) submitted a written request for permit amendment or renewal application on a department form prior to the expiration date of the current permit at least 7 days prior to transfer of managerial or supervisory responsibilities to a new person;
  (2) submitted the appropriate fee if required by the department, including inspection fee for facility modifications as specified in §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits);
  (3) has complied with all permit provisions; and
  (4) met the requirements of §57.119 of this title (relating to Minimum Facility Requirements), if applicable, and/or demonstrate that the facility and demonstrated that the facility is operated and maintained in a manner such that no escape, release, or discharge of controlled exotic species into public water or into facility ponds or drainage structures not meeting minimum facility requirements will or is likely to occur.
(d) A Commercial aquaculture facility permit issued under this subchapter may be renewed for a period at the request of the permit holder of:
  (1) one permit year upon a finding by the department that the applicant and facility have complied with all provisions of this subchapter for a period of at least an entire permit year;
  (2) three permit years upon a finding by the department that the applicant and facility have complied with all provisions of this subchapter and maintained a permit for a period of at least three entire consecutive permit years; or
  (3) five permit years upon a finding that the applicant and the facility have complied with all provisions of this subchapter for a period of at least five entire consecutive permit years.

Source Note: The provisions of this §57.123 adopted to be effective January 27, 2021, 46 TexReg 556