Mussel question #2

[esshup]

Thanks for bringing this up, I was under the assumption that the shells I was seeing were freshwater clams.

Anyway.....

When I renovated my pond back in 2009, we found evidence that there are/were freshwater mussels in it. I haven't looked for any recently, but now knowing that what I thought were clams are really mussels, would I need to also apply for a special permit under 312 IAC 9-9-3 Mussels?

This might take some time to answer, because of (b) Except as otherwise provided under this section, it is unlawful to take mussels and mussel shells from the waters of this state.

This isn't considered to be "waters of the state", but by having them in the pond I'm assuming that it might fall under the "take" statement because they technically are in my posession, being in the pond on private property.

I am in the pond consulting/mahaging business, and see a LOT of private ponds during a year. I'd also like to know so I can advise any of my customers that have them on what they need to do to ensure they aren't doing anything illegal without them knowing about it.

[morrison]

You are correct in noting that your pond is not "waters of the state." The only portion of the Indiana Administrative code that mentions "private waters" is 312 IAC 9-9-3(c) stating An individual must not import, possess, or release into public or private waters, a zebra mussel, quagga mussel (Drissena sp.), or Asiatic clam (Corbicula sp.). While you have not stated the type of mussel you have in your pond, this portion only pertains to the three (3) species listed. An individual owning a pond with no knowledge of what may be living in the pond would not be considered to be in possession of the item. I have posted the Administrative Code below.



312 IAC 9-9-3 Mussels
Authority: IC 14-10-2-4; IC 14-22-2-6
Affected: IC 14-22-2-4; IC 14-22-17-3
Sec. 3. (a) Except as otherwise provided under this section, an individual must not take mussels and mussel shells from the waters of the state.
(b) An individual must not possess mussels or mussel shells except with a:
(1) scientific purposes license under 312 IAC 9-10-6; or
(2) special purpose possession permit for mussel shells obtained from the department for educational purposes only under IC 14-22-2-4.
(c) An individual must not import, possess, or release into public or private waters, a zebra mussel, quagga mussel (Drissena sp.), or Asiatic clam (Corbicula sp.).
(d) An individual who takes a mussel listed in subsection (c) does not violate this section if the mussel taken is killed immediately upon capture.
(e) An individual may possess a live mussel listed in subsection (d) if the mussel is held under a scientific purposes license issued under 312 IAC 9-10-6.
(f) No license under IC 14-22-17-3(1) or IC 14-22-17-3(3) shall be issued to:
(1) take;
(2) possess;
(3) ship;
(4) sell;
(5) buy; or
(6) export;
mussels or mussel shells. (Natural Resources Commission; 312 IAC 9-9-3; filed May 12, 1997, 10:00 a.m.: 20 IR 2727; errata filed Jun 2, 1997, 3:20 p.m.: 20 IR 2789; filed May 28, 1998, 5:14 p.m.: 21 IR 3729; readopted filed Jul 28, 2003, 12:00 p.m.:27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Mar 15, 2013, 2:33 p.m.: 20130410-IR-312120403FRA; errata filed Dec 6, 2013, 11:12 a.m.: 20140101-IR-312130537ACA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA)