1. (a) The Commission finds that the publication "Freshwater Mussels of Texas" (Robert G. Howells, Raymond W. Neck, and Harold D. Murray Authors, 1996), represents the best available scientific information and incorporates this publication by reference into the findings of fact as follows:

   1. (1) the regulations prevent the depletion of mussels and clams;
   2. (2) the regulations are based on the best scientific information available;
   3. (3) the regulations represent management methods for mussels and clams;
   4. (4) the regulations, to the extent practicable, minimize cost and avoid unnecessary duplication in administration; and
   5. (5) the regulations enhance enforcement of the protection of mussels and clams.

2. (b) General rules.

   1. (1) It is unlawful for any person to take or possess mussels and clams, within a protected size limit, in greater numbers, by other means, or at any time or place, other than as permitted under these rules.
   2. (2) No person may take mussels, clams, or their shells from the public waters of this state for personal use without being licensed under provisions of Parks and Wildlife Code, Chapter 46, Subchapter A, or Chapter 43, Subchapter M.
   3. (3) No person may take mussels, clams, or their shells from the public waters of this state for commercial purposes except as provided in these regulations.

3. (c) Bag, possession, and size limits.

   1. (1) It is unlawful for any person while fishing on public waters to have in his possession mussels and clams in excess of the daily bag limit or within a protected size limit.
   2. (2) No person may take or possess more than 25 pounds, per day, of whole mussels and clams, or 12 pounds of mussel and clam shells from the public waters of this state.
   3. (3) A person may take or possess mussels and clams, including their shells, of the following species provided their shells will not pass through a ring with an inside diameter (ID) specified for that species.

4. (d) Means, and methods.

   1. (1) It is unlawful for any person to take or possess mussels and clams taken by any means or method other than as authorized in these rules or in this subsection.
   2. (2) Mussels and clams may be taken only by hand.

5. (e) Seasons, times, and places.

   1. (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. (2) All public waters of the state are open to mussel and clam harvest except that mussels and clams may not be taken from the following reservoirs, rivers, creeks and tributaries:

      1. (A) 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 County and from State Highway 43 downstream to U.S. Highway 59 in Harrison and Panola Counties;
      2. (B) Neches River from the dam at Lake B.A. Steinhagen downstream to its confluence with Pine Island Bayou in Orange County;
      3. (C) the Concho River from the mouth of Kickapoo Creek downstream to the U.S. Highway 83 bridge in Concho County;
      4. (D) Pine Creek from its source in Lamar County to its confluence with the Red River in Red River County;
      5. (E) Sanders Creek from its source in Fannin County to the confluence with the Red River in Lamar County; and
      6. (F) Elm Creek from its source downstream to the dam at Elm Creek Lake at Ballinger City Park in Runnels County.
6. (f) Mussel and clam shells and pearls which have been harvested legally under the recreational bag limit of 25 pounds, per day, of whole mussels and clams, or 12 pounds of mussel and clam shells, may be used and sold in jewelry, and as collectibles.

Source Note:The provisions of this §57.157 adopted to be effective May 28, 1997, 22 TexReg 4295.