Okla. Stat. tit. 29, § 29-4-129

Violations - Penalties.

A. No person may harvest, or attempt to harvest, or assist in

harvesting, or sell, buy or export mussels from the waters of this

state without having first procured the proper license for such

purposes from the Director of Wildlife Conservation. The fees for

licenses under this section shall be:

1. For a resident license to harvest, or attempt to harvest, or

assist in harvesting, or sell mussels, Fifty Dollars ($50.00);

2. For a nonresident license to harvest, or attempt to harvest,

or assist in harvesting, or sell mussels, said fee shall be One

Thousand Dollars ($1,000.00);

3. To buy, transport out of state or export mussels, One

Thousand Dollars ($1,000.00); prior to the issuance of this license

the applicant shall file with the Department of Wildlife

Conservation a good and sufficient surety bond by a surety company

licensed to do business in this state in the sum of Five Thousand

Dollars ($5,000.00) conditioned upon the observance and compliance

with the provisions of the Oklahoma Wildlife Conservation Code,

Section 1-101 et seq. of this title, which bond will be subject to

forfeiture upon conviction for the violation of any of the

provisions of this section or any resolution adopted by the

Department; and

4. Any person in the possession of more than twenty (20)

mussels or parts thereof shall be required to have the proper

license as provided for in this section.

B. In addition to the requirements of subsection A of this

section, any person harvesting, selling, buying or exporting mussels

from the waters of this state shall procure an applicable annual

fishing license pursuant to Section 4-110 of this title.

C. Except as otherwise provided for by law, the Oklahoma

Wildlife Conservation Commission shall regulate the harvest season,

gear types to be used, size and species to be harvested and issue

such other rules as it deems necessary and shall design all forms

necessary for the operation of these provisions.

D. It shall be unlawful for anyone to take or possess the

following mussel species or their shells smaller than the following

size limits:

Oklahoma Statutes - Title 29. Game and Fish Page 87

1. Sand shells, muckets, creepers, grandmas, pocketbooks, lady

fingers, squaw feet or cucumbers, less than three (3) inches minimum

diameter;

2. Maple leaf and three ridge, less than two and three-fourths

(2 3/4) inches minimum diameter;

3. Three knot, less than two (2) inches minimum diameter;

4. Washboards, less than four (4) inches minimum in diameter;

and

5. All other species except Buckhorn and the Ouachita Rock

Pocket Book which are prohibited, less than two and one-half (2 1/2)

inches minimum diameter.

E. All mussels shall be sized immediately after harvesting,

before harvester moves his or her boat or begins another dive.

F. Mussels shall be measured by passing the mussel, shell

included, through a circular measuring device with the appropriate

inside diameter. If the mussel passes through the appropriate

circular measuring device from any angle or direction it is too

small, and must be returned to the water.

G. 1. The maple leaf mussel is the only mussel which shall be

harvested for commercial purposes in the open portion of Grand Lake

and its tributaries.

2. The mussel harvest season on Grand Lake shall be from May 1

to October 30, inclusive. No mussel shall be harvested in the

portion of Grand Lake of the Cherokees from twin bridges north to

the Kansas state line.

H. Nothing in this section shall prevent a person from taking

six (6) or less mussels per day of any size for noncommercial

personal use.

I. 1. Any person who exports mussels from the State of

Oklahoma shall pay the Department as a severance fee an amount not

to exceed one-eighth (1/8) of the dollar value of purchased shells

or a lesser figure as directed by the Commission.

2. Except as otherwise required by this subsection, such funds
son from taking

six (6) or less mussels per day of any size for noncommercial

personal use.

I. 1. Any person who exports mussels from the State of

Oklahoma shall pay the Department as a severance fee an amount not

to exceed one-eighth (1/8) of the dollar value of purchased shells

or a lesser figure as directed by the Commission.

2. Except as otherwise required by this subsection, such funds

shall be used for mussel enforcement, management and/or research.

3. One-fifth (1/5) of the monies collected pursuant to this

subsection not to exceed Forty Thousand Dollars ($40,000.00)

annually shall be made available to counties in this state for

beaver control and abatement pursuant to contracts with such

criteria and restrictions required and specified by the Department.

The payment shall be computed from shipping bills of lading and paid

by the 15th day of the following month. The Commission shall issue

such regulations governing exports as it deems necessary and shall

design all forms necessary for the operation of these provisions.

J. No mussels shall be harvested except during daylight hours

from sunrise until sunset. No harvesting shall ever take place in

Tenkiller Lake.

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K. Any person buying or exporting mussels from the waters of

this state shall provide advance notice of each and every place

where such business is transacted. Such notice shall be to the

Director in the manner prescribed by the Commission.

L. 1. Except as provided for in paragraph 3 of this

subsection, any resident of this state convicted of violating

subsection A, C, D, G or J of this section shall be punished by a

fine of not less than One Hundred Dollars ($100.00), nor more than

Five Hundred Dollars ($500.00), or by imprisonment not to exceed

thirty (30) days, or by confiscation of gear and/or mussels pursuant

to the provisions of Section 7-206 of this title or by a combination

of fine, imprisonment and confiscation.

2. Except as provided for in paragraph 3 of this subsection,

any nonresident convicted of violating the provisions of subsection

A, C, D, G or J of this section shall be punished by the imposition

of a fine of not less than Two Thousand Five Hundred Dollars

($2,500.00) nor more than Five Thousand Dollars ($5,000.00) or by

confiscation of gear and/or mussels pursuant to the provisions of

Section 7-206 of this title or by a combination of fine,

imprisonment and confiscation.

3. Any person convicted of violating the provisions of

paragraph 2 of subsection A of this section or of subsection I or K

of this section shall be punished by a fine of not less than Five

Hundred Dollars ($500.00), nor more than One Thousand Dollars

($1,000.00), or by imprisonment not to exceed thirty (30) days, or

by confiscation of the shipment of mussels pursuant to the

provisions of Section 7-206 of this title, or by a combination of

fine, imprisonment and confiscation. In addition, such person shall

forfeit his or her license and not be permitted to renew the license

for a one-year period.