SECTION 800:15-7-3. General; operating provisions

  Operating provisions for commercial mussel harvesting shall be in accordance with 29 O. S., Section 4-129 and the following:

(1)   Harvest methods. It shall be unlawful to take any mussels except by hand only, with or without, the use of diving equipment. No power dredge, crowfeet, common dredge, scrapes or rakes may be used in the taking of mussels.

(2)   Size limit. It shall be unlawful for anyone to take or possess mussels or shells smaller than the size limits provided in 29 O.S., Section 4-129(D). All undersized mussels shall be immediately returned to the water from which they were taken.

(3)   Season and time of day. The season shall be open throughout the year from January 1 through December 31. Commercial mussel pickers may harvest from daylight to dark on weekdays only. No mussels shall be harvested except during daylight hours, from sunrise until sunset, Monday through Friday. No mussels shall be harvested at any time on Saturdays or Sundays or the following state holidays: Memorial Day, Independence Day, or Labor Day.

(4)   Reporting. Each Commercial Mussel Picker shall notify the local game warden where he plans to harvest mussel shells at least one day prior to mussel harvest and inform the game warden when and where the mussel harvester plans to harvest mussel shells. Each Commercial Mussel Dealer must keep accurate records of all mussels purchased within and exported from the State of Oklahoma. These records shall be available for inspection by any agent of the Department at any time. A copy of each mussel purchase transaction must be given to the seller (picker) by the buyer (dealer) at the time of sale on forms provided by the Department. A copy of all mussel purchase transactions and mussel exports shall be submitted to the Department as follows:

(A)   Each Commercial Mussel Dealer shall complete and submit to the Department a true and accurate purchase report for each mussel purchase transaction. Each purchase report must contain:

(i)   the buyer's (Dealer's) name and license number;

(ii)   seller's (picker's) name and license number;

(iii)   the total pounds of mussels purchased by species;

(iv)   the total amount paid to pickers for these mussels by species; and

(v)   the price per pound by species for the transaction.

(B)   A Monthly Mussel Dealers Summary Report must be mailed to the Department by the 15th of the following month by each Commercial Mussel Dealer and include copies of each purchase transaction and sales receipts from all sales transactions between the Mussel Dealer and the mussel exporter, wholesaler or mussel buying company during that month.

(C)   Each Commercial Mussel Dealer must supply to the Department shipping bills of lading of all mussels exported from the state during the monthly reporting period. A copy of the shipping bill of lading must accompany all mussel shell shipments from the state.

(D)   The shipping bill of lading must contain:

(i)   Person, firm or corporation's name transporting mussels out of Oklahoma;

(ii)   Person, firm or corporation's name(s) that sold or otherwise provided the mussels to be transported out of Oklahoma;

(iii)   Date of shipment;

(iv)   Total pounds, live weight, of mussels in the shipment;

(v)   Total pounds, dry weight, of mussels in the shipment;

(vi)   The mussel harvest season, species legal for harvest and all mussel size restrictions in the state where the mussels were harvested;

(vii)   Origin of shipment;

(viii)   Destination of shipment; and

(ix)   Total purchase price (amount paid to pickers), live weight, of mussels in shipment.

(E)   Each commercial mussel dealer must supply to the Department an annual Mussel Dealers summary report of all mussels purchased within and exported from the State of Oklahoma. This report shall contain:

(i)   total pounds of mussels purchased, by species;

(ii)   total purchase value of mussels paid to pickers, by species;

(iii)   total pounds of mussels exported from Oklahoma, by species;

(iv)   total sale price of mussels exported from Oklahoma during the year.

(5)   Severance fee. Any person who purchases and exports mussels from the State of Oklahoma shall pay the Department a severance fee amount of 1/8 (12.5%) of the dollar value of purchased shells. For the purpose of this rule, the "dollar value of purchased shells" shall be the value of the mussel shells purchased from the Mussel Dealer by a mussel exporter, wholesaler or mussel shell buying company. Payment shall be computed on the Monthly Mussel Dealer Summary form (as described in (4)(B)of this subsection) and paid by the 15^th of the following month.

[Source: Amended at 10 Ok Reg 4171, eff 1-1-94; Amended at 14 Ok Reg 1478, eff 1-1-98; Amended at 16 Ok Reg 1296, eff 7-1-99; Amended at 23 Ok Reg 708, eff 2-17-06 (emergency); Amended at 23 Ok Reg 1579, eff 7-1-06; Amended at 24 Ok Reg 109, eff 8-24-06 (emergency); Amended at 24 Ok Reg 2469, eff 7-1-07]