31 Tex. Admin. Code § 57.157 - Mussels and Clams
(a) General
prohibition.
(1) It is unlawful for any
person to take or possess mussels and clams except as provided under this
subchapter.
(2) The take,
possession, sale, or offering for sale of any species of mussel or clam listed
in §
65.175 of this title (relating to
Threatened Species) or §
65.176 of this title (relating to
Endangered Species) is prohibited, except as provided by Parks and Wildlife
Code, Chapter 67 or 31 TAC Chapter 65, Subchapter G.
(b) Size limits. No person may take or
possess mussels or clams, including their shells, that can be passed through a
ring with an inside diameter (I.D.) specified for the species, as follows:
(c)
Means, and methods. Mussels and clams may be taken only by hand.
(d) Seasons, times, and places.
(1) It is unlawful for any person to take
mussels and clams from 30 minutes after sunset to 30 minutes before sunrise of
each day.
(2) Except for the stream
segments and reservoirs listed in this paragraph, all public waters of the
state are open to mussel and clam harvest.
(A)
Big Cypress Creek from the Dam at Lake Bob Sandlin downstream to U.S. Highway
271 in Camp County.
(B) The Sabine
River from the dam at Lake Tawakoni downstream to State Highway 19 in Rains and
Van Zandt counties, from FM 14 to State Highway 155 in Smith, Upshur, and Wood
counties and from State Highway 43 downstream to U.S. Highway 59 in Harrison
and Panola counties.
(C) The
Angelina River from its source in Rusk County to its confluence with the Neches
River to and including B. A. Steinhagen Reservoir in Jasper County.
(D) The Neches River from the Dam at Lake B.
A. Steinhagen downstream to its confluence with Pine Island Bayou in Orange
County.
(E) The Trinity River from
State Highway 7 in Leon and Houston counties downstream to State Highway 19 in
Walker and Trinity counties.
(F)
Live Oak Creek from U.S. Highway 290 west of Fredericksburg in Gillespie County
downstream to the confluence of the Pedernales River in Gillespie
County.
(G) The Brazos River from
the dam at Possum Kingdom Reservoir in Palo Pinto County downstream to FM 2580
in Parker County.
(H) The Guadalupe
River from Upper Guadalupe River Authority dam in Kerr County downstream Flat
Rock Dam in Kerr County.
(I) The
Concho River from the mouth of Kickapoo Creek downstream to the U.S. Highway 83
Bridge in Concho County.
(J) The
San Saba River from FM 864 in Menard County downstream to the U.S. Highway 83
Bridge in Menard County.
(K) The
Guadalupe River from the dam at Lake Wood in Gonzales County downstream to the
confluence of the San Marcos River in Gonzales County.
(L) The San Marcos River from its source in
Hays County downstream to the confluence with the Guadalupe River in Gonzales
County.
(M) Pine Creek from its
source in Lamar County to its confluence with the Red River in Red River
County.
(N) Sanders Creek from its
source in Fannin County to the confluence with the Red River in Lamar
County.
(O) Elm Creek from its
source downstream to the dam at Elm Creek Lake at Ballinger City Park in
Runnels County.
(P) The Rio Grande
from Columbia Bridge in Webb County downstream to the Webb/Zapata county
line.
(e)
Recreational bag limit. A person who possesses a valid fishing license or who
is a resident and is exempt from licensing requirements under Parks and
Wildlife Code, §
46.002 may
take or harvest from the public water of the state not more than 25 pounds a
day of whole mussels and clams, or 12 pounds of mussel and clam
shells.
(f) Resident and
nonresident commercial licenses. Except as provided in subsection (g) of this
section, no person may take any mussels, clams, or their shells from public
water of the state for commercial purposes without a resident or nonresident
commercial mussel and clam fisherman's license.
(1) A license for taking mussels, clams, or
their shells from the public water of the state for commercial purposes may be
obtained by completing and submitting an application to the department on a
form supplied by the department.
(2) The license authorized by this
subsection:
(A) is valid only for the license
year for which it is issued; and
(B) may be obtained only by a person who:
(i) held a resident or nonresident commercial
mussel and clam fisherman's license valid for the 2003-2004 or 2004-2005
license year or who obtained a commercial mussel and clam fisherman's license
between September 1, 2005 and May 1, 2006; and
(ii) continues to purchase a resident or
nonresident commercial mussel and clam fisherman's license every year
thereafter.
(3) Holders of a resident or nonresident
commercial mussel and clam fisherman's license shall maintain a daily log.
(A) The daily log shall be on a form supplied
by the department and shall describe:
(i) the
number and weight of each species of mussels or clams taken each day by the
person;
(ii) the name of the stream
or reservoir where the take occurred; and
(iii) the county of take.
(B) The department may request
additional information concerning significant populations of mussels or clams
encountered by a licensee.
(4) The daily log required by this subsection
shall be kept current and shall be presented at the request of any department
employee acting within the scope of official duties.
(5) Holders of resident or nonresident
commercial mussel and clam fisherman's licenses shall complete and submit an
annual report to the department by December 31 of each year. The annual report
shall be on a form supplied or approved by the department.
(6) The department may refuse to issue a
resident or nonresident commercial mussel and clam fisherman's license to any
person who fails to comply with the recordkeeping requirements of this
section.
(7) A person engaging in
any activity involving the take and sale of mussels for commercial purposes,
including offering for sale or export of mussels or clams shall physically
possess the resident or nonresident commercial mussel and clam fisherman's
license on his or her person during all such activities.
(8) A holder of a resident or nonresident
commercial mussel and clam fisherman's license may be assisted by other
persons, provided the licensee is present and is the only person physically
disturbing mussel or clam beds.
(g) Exception. A person who possesses a valid
fishing license or who is a resident and is exempt from licensing requirements
under Parks and Wildlife Code, §
46.002, may
take or harvest from the public water of the state not more than 25 pounds a
day of whole mussels and clams, or 12 pounds of mussel and clam shells, for use
and sale in jewelry and collectibles.
Notes
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