OFFICE OF THE AITORNEY GENERAL OF TEXAS
AUSTIN
Honorable Parks E. MoMiohael
County Attorney
/ Caes County
Linden, Texas
Dear Sir:
Thir is to aokno of your letter of
a lawful tram-
e oa,*t. Not for
olation OS the fish
B. 99, A&e Of the Forty-rirst
fth okled seaeion, chapter 27, page'
ted Criminal Statutes, Art. 95Baa-3), it
be unlawiul for any person to
any fish in the publfo fresh wa-
ters, oreeks, lakes, bayma, poola, lagoons
or tanks in the Counties of Cam, Bowie, Mor-
ris and Titus, State of Texas, by any other
Honorable Parks E. MoMlohael, Page S
means than'by the ordinary hook and line, set
hook and line, gig or artificial bait, and it
shall byeunlawful for any person to place in.
the public fresh water rivers, creeks lakes
bayous, pools, lagoons, or tanks in the OOUII~
tles of Cass; Bowle, Morris snd Titus any
seine, net or other devloe or trap for taking
or catching fish; provided, however, that per-
sons may use a dMOW seine which is not more
than twenty feet in length for the purpose or
catching minnows for bait; provided, that in
seining for minnows for belt as hereln permit-
ted, all fish and all minnows more than two
and one-half inohes in length shall be returned
to the water at once while alive. No person
shall use the minnow seine herein permitted
for the purpose of taking any fish other than
minnows for bait; provided, however, that noth-
ing in this Act shall be construed to prevent
the taking or catchfng of buffalo, oarp and
catfish bJ7the use of a hoop, trammel or gill
set with meshes not less than three inch88
square in the fresh waters of Cass, Bowie, Mor-
ris and Titus Counties, State of Texas, save
and except during the months of March and Ap-
ril of each year, and provided, further, that
pond neta are hereby entirely prohibited.
"Any person violating any of the prorl-
sions of this Act shall be deemed guilty of a
miademeanor and upon oonvlotion shall be fined
In a sum of not less than Ten (&lO.OO) Dollara .
nor more than one Hundred ($100.00) Dollarr.
All laws and parts of laws in oonfliot herewith
are hereby repealed."
Article 924 of the Penal Code reads as fOliowar
"It shall be unlawful for any person to
place in any of the waters of thlr State any
poison, lime, dynamite, nitroglycerin, giant
powder or other explosives or t0 plsoe in such
waters any drugs, substanoer or things deleterl-
OUB to fish life for the purpose of oatohing
or attempting to oatoh fish by the use of such
substances or things, or for any other purpose
whatsoever, provided however that in event it
becomes neoeseary to place any explosive in wa-
ters in connection with construction work, same
. ’
Honorable Parka E. MoMlohael, Page 3
may be authorized by written order of the Coun-
ty Judge ol the County where the work is to be
done.
*Any one violating any provision of this
Act shall be deemed guilty of s mlademeanor and
on conviction shall be fined not less than Fif-
ty Dollars ($SO.OO), nor more then One Hundred Dol-
lars ($lOO), and shall serve a sentenoe in the
county jail of not less than sixty (60) days,
nor more than ninety (90) days."
In applying the above statutes, we perceive no
vfolation in the facts 8s presented by you. We wish to thank
you ?or olting the applicable srtloles of the Code.
Yours very truly
ATTORNEY GENERAL OF TEXAS
( ;ic-y:eTj 1 i?:;T 51
FIRST ASSISTANT Beijamfti 'V!oodall
ATTORNEY G=AL Assistant