(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.
(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:
(3) Holders of a resident or nonresident commercial mussel and clam fisherman's license shall maintain a daily log.
(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