(a) Need for agreement.
  (1) The commission, TPWD, and TDA seek to ensure that regulation
of aquaculture is conducted in a manner that is both collaborative and responsible.

  (2) The commission, TPWD, and TDA are concerned about issues
relating to the raising of non-native aquatic species and the attendant concern
about escape into natural ecosystems, including the introduction of disease
into natural ecosystems.
  (3) The commission, TPWD, and TDA are concerned about the quality
of wastewater discharges from aquaculture facilities and their effects on
receiving waters in reservoirs, streams, bays, and estuaries.
  (4) The commission, TPWD, and TDA seek to establish an interagency
review procedure for applications requesting authorization to discharge wastewater
from aquaculture facilities.
  (5) The commission, TPWD, and TDA seek to institute an effective
system by which coordination and collaboration can be achieved to expedite
enforcement actions in response to discharges from aquaculture facilities
that are found to contain contagious disease that may impact state waters.

  (6) Texas Water Code, §5.104, authorizes the commission
to enter into an MOU with any other state agency.
  (7) Texas Agriculture Code, §134.031, directs the commission,
TPWD, and TDA to enter into an MOU for the regulation of matters relating
to aquaculture.
  (8) It is the intention of this MOU to provide a formal mechanism
by which TPWD and TDA may review and provide feedback on aquaculture issues
that are subject to regulation by the commission and that have the potential
to affect natural resources and the regulation of aquaculture within the jurisdiction
of TPWD or TDA. This exchange of information would assist the commission in
making environmentally sound decisions and would improve coordination between
the commission, TPWD, and TDA.
(b) Definitions. The following words and terms, when used in
this section, shall have the following meanings.
  (1) Aquaculture--The business of producing or rearing aquatic
species (fish, crustaceans, and other organisms in either fresh or marine
waters) utilizing ponds, lakes, fabricated tanks and raceways, or other similar
structures.
  (2) Memorandum of Understanding (MOU)--A formal document that
clarifies and provides for the respective duties, responsibilities, or functions
of the state agencies who are signatories on any matter or matters under their
jurisdiction that are not expressly assigned to either one of them.
  (3) Application--A request submitted by an aquaculture facility
to the commission for authorization to discharge under an individual permit
or registration; a Notice of Intent (NOI) to seek authorization under a general
permit; or a request for an exemption.
(c) Responsibilities.
  (1) The commission. The responsibilities of the commission
relate primarily to its role as the natural resource agency with primary responsibility
over conservation of natural resources and the protection of the environment,
under Texas Water Code, §5.012.
    (A) The commission has general jurisdiction over the state's
water quality program including issuance of waste discharge permits, water
quality planning, and enforcement of water quality rules, standards, orders,
and permits.
    (B) The commission seeks to maintain the quality of water in
the state consistent with public health and enjoyment, the propagation and
protection of terrestrial and aquatic life, the operation of existing industries,
and the economic development of the state, and to require the use of all reasonable
methods to implement this policy.
    (C) The commission is responsible for review of NOIs and requests
for exemption, and review of applications and subsequent issuance of waste
discharge permits, temporary orders, emergency orders, and registrations.

  (2) TPWD. The responsibilities of TPWD relate primarily to
its functions as a natural resource agency, including its resource protection
functions, as designated by the Parks and Wildlife Code, §12.001.
    (A) TPWD is the state agency with primary responsibility for
protecting the state's fish and wildlife resources.
    (B) TPWD provides recommendations that will protect fish and
wildlife resources to local, state, and federal agencies that approve, permit,
license, or construct developmental projects.
    (C) TPWD provides information on fish and wildlife resources
to any local, state, and federal agencies or private organizations that make
decisions affecting those resources.
    (D) TPWD regulates the taking, possession, and conservation
of all kinds of marine life and other aquatic life.
    (E) TPWD regulates the introduction of fish, shellfish, and
aquatic plants into public water, under Texas Parks and Wildlife Code, §66.015(b).

    (F) TPWD regulates the importation, possession, and placing
into state water of harmful or potentially harmful exotic species of fish,
shellfish, or aquatic plants, under Texas Parks and Wildlife Code, §66.007(a).

    (G) TPWD is responsible for review of applications and subsequent
issuance of permits relating to the importation, possession, and placing into
state water of harmful or potentially harmful exotic species of fish, shellfish,
or aquatic plants, under Texas Parks and Wildlife Code, §66.007(a).

  (3) TDA. The responsibilities of TDA relate primarily to its
functions as a regulatory agency that oversees the licensing and regulation
of aquaculture operations under Texas Agriculture Code, Chapter 134.
    (A) TDA is responsible for establishing recordkeeping requirements
for commercial aquaculture facilities.
    (B) TDA is responsible for the review of applications and subsequent
issuance of aquaculture licenses under Texas Agriculture Code, Chapter 134,
to aquaculture facilities that produce and sell cultured species.
    (C) TDA is responsible for the review of applications and subsequent
issuance of aquaculture licenses under Texas Agriculture Code, Chapter 134,
for fish farm vehicles selling cultured species from the vehicle.
(d) Provisions. This MOU is to facilitate the coordination
and collaboration between the commission, TPWD, and TDA with regard to aquaculture
facilities.
  (1) Coordination procedures for NOIs, applications for registrations,
and requests for exemptions.
    (A) The executive director will provide copies of all NOIs,
registration applications, and requests for exemption to TPWD and TDA within
14 days of the stamped date of receipt.
      (i) Within 45 days of the date of receipt of the NOI, registration
application, or request for exemption, by TPWD and TDA, each will complete
its initial assessment, and by letter shall:
        (I) provide the executive director with formal written recommendations
designed to protect fish and wildlife resources; or
        (II) indicate that it has no comments; or
        (III) request additional information from the commission.

      (ii) If the commission does not receive formal written comments
from TPWD or TDA within 45 days of the date of receipt of the NOI, registration
application, or request for exemption, by TPWD and TDA, the executive director
will conclude that there are no comments and continue normal processing of
the application.
    (B) Upon receipt of a request from TPWD or TDA for additional
information, the executive director will immediately provide such information
if it is contained in the application materials. If the additional information
is not included in the application materials, and if the information is necessary
for TPWD or TDA to make its evaluation, the TPWD or TDA will request such
additional information from the applicant, notify the executive director of
this request, and ask the applicant to send a copy of its reply to the commission.
If the applicant does not provide the additional information to the TPWD or
TDA within 30 days of a request, the TPWD or TDA may request that the executive
director suspend processing of the application. If the executive director
determines that this additional information is essential to complete the technical
review, the executive director will determine whether it is appropriate to
either suspend processing or deem the application incomplete and return it
to the applicant.
    (C) Upon receipt of additional information from the executive
director or the applicant, the TPWD and TDA will each have 30 days to complete
its review and either make final recommendations or indicate by letter that
it has no comments. If formal written comments or additional information is
not received from the TPWD or TDA within 30 days, the executive director will
conclude that there are no comments and will continue normal processing of
the application.
  (2) Coordination procedures for individual permit applications.

    (A) The executive director will provide notification to TPWD
and TDA of each application received which requests individual permit authorization
for the discharge or disposal of wastewater from aquaculture facilities. Notification
shall be transmitted within 14 days of a request received from either TPWD
or TDA, or after the permit application has been assigned to a permit writer.
Notification shall include a copy of the application and any comments, memoranda,
letters, or other information incorporated in the application file following
date of application receipt so that TPWD and TDA may complete an initial assessment
of the proposed operation.
      (i) Within 45 days of the date of receipt of notification by
TPWD and TDA, each will complete its initial assessment, and by letter shall:

        (I) provide the executive director with formal written recommendations
designed to protect fish and wildlife resources; or
        (II) indicate that it has no comments; or
        (III) request additional information from the commission.

      (ii) If the commission does not receive formal written comments
from TPWD or TDA within 45 days of the date of receipt of the notification
by TPWD and TDA, the executive director will conclude that there are no comments
and continue normal processing of the application.
    (B) Upon receipt of a request from TPWD or TDA for additional
information, the executive director will immediately provide such information
if it is contained in the application materials. If additional information
is not included in the application materials, and if the information is necessary
for TPWD or TDA to make its evaluation, the TPWD or TDA will request such
additional information from the applicant, notify the executive director of
this request, and ask the applicant to send a copy of its reply to commission.
If the applicant does not provide the additional information to the TPWD or
TDA within 30 days of a request, the TPWD or TDA may request that the executive
director suspend processing of the application. If the executive director
determines that this additional information is essential to complete the technical
review, the executive director will determine whether it is appropriate to
either suspend processing or deem the application incomplete and return it
to the applicant.
    (C) Upon receipt of additional information from the executive
director or applicant, the TPWD and TDA will each have 30 days to complete
its review and either make final recommendations or indicate that it has no
comments. If formal written comments are not received from the TPWD or TDA
within 30 days, the executive director will conclude that there are no comments
and continue normal processing of the application.
    (D) In coordination with the TPWD and TDA, the commission shall,
within 120 days of the date of adoption of this MOU, establish guidelines
for a site assessment environmental report for new commercial shrimp facilities
located within the coastal zone. This report shall describe the existing environmental
conditions at the proposed site including aquatic habitat and the conditions
of water in the state into which a discharge is proposed. The report must
provide an assessment of any potential impacts of wastewater discharges on
sensitive aquatic habitats in the area of the proposed site, and significant
impacts related to the construction or operation of the facility, and any
mitigation actions proposed by the applicant.
  (3) Coordination procedures applicable to all applications.

    (A) The scope of review by TPWD may include, but is not limited
to: consideration of especially sensitive receiving water conditions (aquatic
habitat); impacts of the discharge on substrate (scouring, sedimentation)
and water transparency; alteration of receiving water flow characteristics;
existing or attainable biological and recreational uses; discharge rate and
volume; and the likelihood of disease transmission. Comments may be addressed
directly to the applicant by TPWD.
    (B) The scope of review by TDA may include, but is not limited
to, whether or not an application for the discharge or disposal of wastewater
from aquaculture facilities should be approved.
Cont'd...