Guidelines for Aquatic Resource Relocation Plans for Fish and Shellfish, Including Freshwater Mussels
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Dewatering, maintenance, and construction related activities in rivers, creeks, streams, lakes, sloughs, reservoirs, bays, estuaries, stilling basins, and other flood control structures may negatively impact fish, shellfish, and other aquatic resources. The Texas Parks and Wildlife Department is the state agency with primary responsibility for protecting the state’s fish and wildlife resources. The Texas Parks and Wildlife Code authorizes the department to investigate fish kills and any type of pollution that may cause loss of fish or wildlife resources, estimate the monetary value of lost resources, and seek restitution or restoration from the party responsible for the fish kill or pollution through suit in county or district court. The Texas Administrative Code requires the department to actively seek full restitution for and/or restoration of fish, wildlife, and habitat loss occurring as a result of human activities. The restitution value of lost resources can be significant, in particular for species classified as threatened or endangered. Restitution for each individual of a threatened species is at least $500 and for each individual of an endangered species is at least $1,000. In addition, the Texas Parks and Wildlife Code makes it a criminal offense to kill any fish or wildlife resources classified as threatened or endangered. Besides potential impacts to other aquatic resources, the department is particularly concerned about declining freshwater mussel populations, reflected in the 2009 Texas Parks and Wildlife Commission’s decision to list 15 species of freshwater mussels as threatened. In order to avoid adverse impacts to aquatic resources and potential civil and criminal liability, the department recommends entities coordinate with the department to develop a plan to avoid impacts to aquatic resources and, in some instances, relocate aquatic resources outside of the project area. There are two steps to this planning process. First, an applicant develops a written Aquatic Resource Relocation Plan (ARRP) to control and limit the impacts of dewatering, maintenance, or construction related projects on aquatic resources and submits it to the appropriate TPWD representative. The plan should be submitted no less than four weeks prior to beginning the project. The applicant must receive formal approval of the ARRP by the department prior to initiating dewatering, maintenance, or construction related activities. See Attachment 1 below for the specific information necessary for the ARRP. The TPWD point of contact for the project location can be found in Attachment 5. If state or federal threatened or endangered freshwater mussel species are present or likely to be present in the project area, a mussel survey may be necessary prior to department approval of the ARRP. Surveyors must obtain one of two authorizations from the department to handle threatened and endangered species: 1) a Relocation Letter of Authorization, or 2) a TPWD Scientific Research Permit (i.e., “collection permit”). Both the Relocation Letter of Authorization and the Scientific Research Permit are issued in the name(s) of the person(s) conducting the surveys, and may not be issued to organizations or other entities. Additional information on freshwater mussel surveys may be found in Attachment 4. Second, an applicant must complete an “Application for Permit to Introduce Fish, Shellfish, or Aquatic Plants into Public Waters.” Because the application is to be received 30 days prior to the
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