| (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: Attached Graphic (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. |
| Source Note: The provisions of this §57.157 adopted to be effective November 13, 2006, 31 TexReg 9323; amended to be effective August 23, 2009, 34 TexReg 5697; amended to be effective January 17, 2010, 35 TexReg 249 |
