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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.