(a) Policy. Fish reared in department hatcheries may be stocked in private water only for the purposes specified in §52.104(a) of this title (relating to Policy of the Department).
(b) Conditions for stocking fish.
  (1) Stocking of any indigenous or exotic fish, shellfish, or aquatic plants shall be consistent with the annual operational plan.
  (2) The water must be suitable for the proposed stocking purpose.
  (3) The stocking must have no adverse impacts on state or federally listed threatened or endangered species or their critical habitat.
  (4) A written agreement must be executed and signed by the executive director.
  (5) During the time period specified in the written agreement required by paragraph (4) of this subsection, private waters stocked under this subchapter shall not be subject to fishing in exchange for money or anything of value.

Source Note: The provisions of this §52.401 adopted to be effective March 20, 1990, 15 TexReg 1238; amended to be effective December 1, 1995, 20 TexReg 9568; amended to be effective February 16, 2017, 42 TexReg 567