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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 57FISHERIES
SUBCHAPTER BMUSSELS AND CLAMS
RULE §57.156Definitions

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Day--A 24-hour period of time that begins at midnight and ends at midnight.

  (2) Freshwater mussel--Bivalve mollusks of the family Unionidae (collectively including Amblimidae and Margaritiferidae) as listed by the American Fisheries Society Special Publication 29.

  (3) Mussels and clams--As used in these regulations include all freshwater and marine bivalve mollusks, except oysters, including shells and soft parts found either separately or together.

  (4) Prohibited area--The classification of a shellfish growing area determined by the Texas Department of State Health Services to be unacceptable for the transplanting, gathering for depuration, or harvesting of shellfish. The only shellfish removal permitted from a prohibited area is for the purpose of depletion, as defined in the Control of Harvesting Section of Part 1 of the National Shellfish Sanitation Program (NSSP).

  (5) Restricted area--The classification of a shellfish growing area determined by the Texas Department of State Health Services (DSHS) to be unacceptable for harvesting shellfish for direct marketing, but which is acceptable for transplanting or gathering for depuration. A restricted area may be closed for transplanting or gathering for depuration when the DSHS determines that the area does not meet the restricted area criteria established in the NSSP.


Source Note: The provisions of this §57.156 adopted to be effective May 28, 1997, 22 TexReg 4295; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective August 23, 2009, 34 TexReg 5697

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