Untitled Texas Attorney General Opinion

, ( OFFICE OF THE A-ITORNEY GENERAL OF TEXAS AUSTIN Hon. A. J. Luokett County Attorney coma1 County New Hreunfels, Texas Dear Sir: the department'sopinion on the f .?I8there a closed a 0r oatfieh,in Cornalcount is the closed masonp 'we.hve c .- request and.'Artl- ale 952,qlld952x+, aU .~endnWkf4 '.tbers ,$&&;~;," >. ~'. Ii&i'3t.q +wmk'- 169, p. 2TQ;~qnd by the pla$n pro* rhioh aeatione rka provided that~the posaeesion of 'anytmkle, the ime & nhioh is prohlhdted~bythe provisions of 'thisdot, within two handred (200) yards of tiny fresh waters in the Counties named hereln,~e&il~ betpry facie evidence of tha v,lolationof this 0 Hon. A. J. Luokett, p. 2 Wee. 2. It shall be unlawful in the Coun- ties of San Saba, Gillespie,Blanco, Kendall, Kerr, Comal, Llano, Mason, Kimble or Pal Verde to sell, offer for sale or have In possession for the purw pose of sale any black bass, crappie, catfish, or sunfish, commonly called perch., "Sec. 3, No person, firm or corporationsor their agents shall take, catch or have in their pos- session any black bass, perch or orappie taken from any fresh waters in said Counties from the 1st day of March to the 1st day o.fMay of any year or to have in possession at any time any black bass of less length than eleven (11) inohes, any.oatfish of less length than nine (9) Inches or any orapple (common1 called white perch) of less length than seven (Tv inches." Seo. 4 prescribesa penalty for violation of any of thoprovisions oi said article. The above quoted seotlonsmake it unlawful to have .~$nposaessionat any t&ke?any catfish of,less,length than nixi&(9) inches* taken from any of the fresh waters of.Comei countY* We have found no statute making it Ulawfnl tomthM& datoh,'orhave in possession at any time oatfish oZ?nine lnohes; or more in length taken from the fTesh waters of said county. The 1943 amendment, oh. 169, is in no way pertinent .toyour inquiry. It deals with an entlrely.dfffe.rent~sub- ject. Its purpose is to permit.the sale or barter o<:catfish and other named species of fish'taken from the rresh waters of coma1 oountyo It, of course, 'doesnot amend the above quoted sections of Art. 95261, inhibitingthe possesslonof cat- fish less than nine lnohes in length+ Yours very truly ATTORWEY GXNERALOF TBZAS BY b/ David Wuntoh DW:db:bb Assistant APPROVED MAR. 19, 1944 /a/ 0. P. Blackburn ACTING ATTOKNEY GE- OF T&AS AFFRovED cPIN1ONcOMWITTEE DT- A.W., Chairman.