1. (a) No person may sell, offer for sale, possess for purposes of sale, or exchange for anything of value shad taken from public fresh water unless the person possesses:

   1. (1) a valid permit issued by the department under this subchapter specifically authorizing that activity; or
   2. (2) a valid fishing guide license issued by the department and the shad are being provided to persons engaged in fishing as part of the guide's services.

2. (b) No person may collect and possess shad taken from public fresh water without a permit issued under this section unless the person possesses a valid recreational fishing license issued by the department and the shad:

   1. (1) are not sold or exchanged for anything of value; and

   2. (2) are possessed:

      1. (A) in a container or containers that in the aggregate constitute 82 quarts or less in volume;
      2. (B) on the waterbody from which the shad were taken and are used as bait; or
      3. (C) by a licensed fishing guide to be provided to persons engaged in fishing as part of the guide's services regardless of the container volume.

Source Note:The provisions of this §57.385 adopted to be effective April 13, 2017, 42 TexReg 1904.