THEA NEYGENERAL
August 2, 1951
Hon. Leonard Passmore Opinion NO. v-1229.
County Attorney
Franklin County Re: Legality of the use of
Mt. Vernon, Texas seines or nets with
meshes less than one
inch square in Franklin
Dear Sir: County.
In your request for an opinion you ask In
substance whether or not the use of a seine or net
wlth meshes less than one inch square In Franklin
County is punishable under Article 927, Vernon's
Penal Code.
Article 927, Vernon's Penal Code, provides:
"Except tne oralnary nook ana line or
trot line, or a set or drag net or seine,
the meshes of which shall be three or more
inches square, or a minnow seine not more
than twenty feet long used for catching
bait, no person shall place in any fresh
this article shall be fined not less than
twenty-five nor more than one hundred dol-
lars. (Emphasis supplied.)
Since the enactment of the foregoing Article,
a number of local fish laws applicable to particular
countles only have been passed which in effect modify
the exceptions stated In Article 927. Acts of the 47th
Legislature, R.S. 1941, ch. 595, p. 1322, to which you
refer in your request, is one of these local fish laws.
The pertinent part of this statute provides:
"Section 1. From and after the pas-
sage of this Act, it shall be lawful dur-
Ing open season only, for a person to take
Hon. Leonard Passmore, page 2 (V-1229).
or catch catfish, perch, buffalo, and
drum, from the waters of Delta, Hopkins,
and Franklin Counties, by hand or with
a seine or net having meshes one Inch
square."
The basic prohibition against the use of
seines is still in full effect. The use of a seine
is unlawful unless the user falls within one of the
exceptions stated In Article 927 or unless he Is
within the terms of a special act making special ex-
ceptions applicable to a particular county. Unless
his act falls within such exception, he is subject
to punishment for the use of a seine and the penalty
for violation of Article 927 applies.
Incidentally, your attention Is called to
the fact that up until 1945, by provision of Article
951, V.P.C., the months of March and April were closed
to seines and artificial bait. In 1945, however, the
Legislature passed Article 927a, V.P.C., and Section
5 thereof provides:
"All laws, or parts of laws, local,
general Or special, insofar as they pro-
vide a closed season or period of time
when It is unlawful to take or catch fish
. . . shall be and are hereby repealed
. . .,I
It has been held in Att'y Gen. Op. O-6541
(19451, under a prior administration, that Article
951 was modified by the above provision to permit
use of otherwise lawful seines at any time for tak-
ing fresh water fish. Likewise, the term "during
open season only" appearing In the 1941 law set out
above is no longer applicable.
SUMMARY
The use of seines or nets with meshes
less than one inch square in the waters of
Delta, Hopkins, and Franklin Counties (Acts
.r ’
:
Eon. Leonard Passmore, page 3 (V-1229).
47th Leg., R.S. 1941, ch. 595, p. 1322) IS
punishable under Article 927, V.P.C.
APPROVED: Yours very truly,
Bed McDaniel PRICE DANIEL
State AfYairs Division Attorney General
Everett Hutchinson
Executive Assistant
Charles D. Mathews
First Assistant Assistant
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