:- 

THE : ATTORNEY GENERAL 

OF ?lxxAs 

honorable H. D. Dodgen ! opinm NO. ~965 

%.xuIT~v~ Secretary : 

we and Fish Conanission Re: (1) Const~ction of House Bill 

ws.lton Building l2,Acts 56thLegislature1959, 

Austin, Texas Article 4075b, Vernon's Annotated 

Civil Statutes, relative to size 

0r travl that my be lawiully usea 

for sports fishermen In the taking 

of sbrlmp by Sports Bait-Shrimp 

Trawl; (2) and the rcrvful means 

and method of th' taking of sh+imp 

Dear Mr. Dodger other than by trawls. 

You have request+en opinion of this Department gn the a+me subject 

matter and your .inquiry.reLstes tothe shriahage allowance on.Sports Bsit-Shrimp 

Trawls as comparedto shHnka&e allowedon Oxnmerci.sl Bay-Bait-ShrimpTrawls a$ 

your question numbq 2 posing the que@&masto whether any other type of seines' 

or nets other than trawls could be lawfully used for the taking of shrimp. 

The Legislature passed,the l&s Shrimp Coneeivattae~c$.BouseBill l.2, 

ch. l&l, Acts 19!5g, 56th.Legislature, which original bIlLwas exxcted into law 

end is now carried in Vernon16 Annot+ed Civil Statutes as Article 4075th In 

such law the Legisliture in Section 1 provided In part as follows: 

"Sectlon 1. This.Ad sbllbe lammasthe "Peras Shrimp 

Conservation Act' and It is hereby declared by the Legislature of 

the State of Texas as t6 be the public policy of this State that 

the Sbdup resources ofthe.St&e of Texas be conserved and protected from deptitia end waste in ordezthat the people of Texas 

and their posterity may enjoy the mo&:.reaeonable and equitable 

prlvfieges in the ownership and taking of such shrimp remur'6es, 

cmdthatthe shrimp industry ofTexas be protectedfrommlawful 

encroachment and be promoted end fostered consistent with the 

geueral good of the people of this State md to thos&ends, and.ln 

the interest of achieving fair, impartial, and unifornlaw enforcement. lt is further declared by the Legislature of Texas to be.the 

Public Policy.cif thie.State that any and all laws. acts, bills, 

rules, regulations. proclamations or orders .relating to.shrimp or 

the shrimp lnduetry shall be carried ou+ under this Act, any other 

provision bf.the .I.aw to the contrary notwithstanding; provided.however nothing In this Act shall be construed to affect or repeal any 

existing laws that close any &y or other area of the inside waters 
Honorable H. D. Dodgen, Page 2 (WW-965) 

to the taking or catching of shrimp throughout the entire 

year. " IEmphasis added1 

Pursuing the necessary specific provisions to make the law clear the 

Legislature classified the coastal waters of this State as "outside waters" snd 

"inside waters". This was done in order that the "inside waters" could have 

special protection in the breeding grounds, etc., of the shrimp. The boats to 

be used for the various purposes in the "outside waters" and the "inside wstersn 

are specifically defined. For example, Section 3, subparagraph (e), provides 

for a "Conunerclal Gulf Shrimp Bc&'l. 

Section 3, subsection (f), provides that a Commercial Pay-Bait Shrimp 

Eioat is used for the purpose of taking shrimp for bait only. 

Section 3, (i), "Sports Bait-Shrimp Trawl is a trawl for the purpose of 

taking or catching or attempting to take or catch shrimp for bait for one's own 

personal use." 

For the purpose of reaching the conclusion herein stated we think it 

unnecessary to quote all of the provisions of the Act relating to the sale of 

shrimp, etc., 

Article 4G75b. 

but will confine our construction to Section 6, and Section ll, 

Section 6, subparagraph b, provides for .s mesh of one (1) inch mesh or 

two (2) inch stretch mesh at the time such bag Is new and unused, yet it carries 

an exception which provides, (except for catching bait shrimp as otherwise herein 

provided.) 

The size of mesh that may be used for a "Commercial Bay-Bait Shrimp Boat" 

operator is specifically provided for in Section 6, paragraph (c), subparagraph 

(l), which reads as follows: 

"It shall be unlawful for any bona fide licensed Commercial 

Bay-Bait Shrimp Boat operator to use in the coastal waters of this 

State, at any time, for the purpose of taking or catching, or 

attempting to take or catch, shrimp for bait more than one (1) net 

at a time, except for a try net not exceeding rive (5) feet as 

measured from board to board, or to use any net exceeding in size 

twenty-five (25) feet measured from board to board or between the 

extremes of any other spreading device, or any net having a mesh 

size of less than one and one-half (11/2) inches stretched mesh 

at the time such net is new and unused, or to have in use or on 

board in the inside waters of this State during the closed season 

thereof more than one set of trawl doors (or other spreading device) 

and more than one set of try net doors." [Emphasis added] 

Prom observing the context of this portion of the Act it is noted that s 

provision is made that a "Commercial Bay-Bait Shrimp Boat" operator is prohibited 
Honorable H. D. Eodgen, Page 3 (~~-965) 

from usFng a mesh size of less then one and one-half (11/2) inches stretched 

mesh at the time such net is new end unused. 

The shrimp Industry and the Game and Fish Commission officers are well 

scquainted with the fact that a new and unused trawl will shrink when treated 

"it,h presellratives toprevent its being sooner destroyed by the act of salt 

mter thereon and even subjecting a non-treated net to salt water will cause 

shrinlratw There is no set formula by which the emount of shrinkage may be 

determined in the various instances in as much as all operators or shrFmp 

trawls do not pursue the Identical method of treatment, therefore, it Is the 

clear intention of the Legislature that a one and one-half (1 l/2) Inch 

stretched mesh at *he time such net is new and unused will shrink and become 

B net smaller than one and one-half (1 l/2) Inch stretched mesh due to shrinkage. If this were not true, the words "new and unused" vould not have been 

used. The Legislature Ioxv a treated net would shrink. 

The Act makes it clear that shrimp may be taken by a "Commercial BayBait Shrimp Boat" for halt purposes only and prohibits the sale of shrimp taken 

by such operator for human consumption. 

We now turn to Section ll of Article 4G75b which reLates to "Sports 

Bait-Shrimp Trawl". The full context of the Section follows: 

"Section Il. It shall be lawful for any person to take 

or catch, or attempt to take or catch in the coastal waters of 

this State, bait shrimp for his own personal use by the use of 

Cast net, Dip net, Bait trap, or Minnow seine not larger than 

twenty(2Q) feet inlengthmanuallyoperatedon root only vlthout the use of any mechanical means or devices; and it shall be 

lawful for aw nerson to take or catch. or attemnt to take or 

catch, bait shrimp for his own personal use by the use of a 

"Sports Bait-Shrimp Trawl" as defined herein. Provided, however, 

it shall be unlawful for any "Sports Bait-Shrimp Trawl" to be In 

the possession of any person within the coastal waters of this 

State, tithout the owner thereof having first procured a license, 

to be known as a Sports Bait-Shrimp Trawl License, from the 

Commission privileging such trawl to be used within the coastal 

waters of this State; provided also, that such trawl shall first 

have been inspected and properly tagged by the Commission and an 

inspection and license fee of Three Dollars ($3) shall have been 

paid to the Commission, also the lic&nse provided for herein shall 

expire on August 31st following the date of Issuance. Provided 

further, that It shall be unlawful for any person to use or have 

within his possession within the coastal waters any Sports PaItShrimp Trawl having a mesh smaller than one and one-half (1 l/2) 

inch stretch between the knots; and it shall be unlawful to use 

or employ doors or other boards or devices to spread or open such 
Ho&able H. D. Dodgen, Page 4 (~~-965) 

trawls which are of greater size and dimensions than twelve 

(12) by eighteen (ti) inches, or a total of two hundred and 

sixteen (216) square inches, provided further, that it shall 

be unlawful. to have in possession or to use more than one (1) 

such trawl per boat and the distance between the doors or other 

boards or spreading device shall tit exceed twelve (12) feet. 

Provided further, that it shall be unlawful for any person 

taking or catching, or attempting to take or catch, shrimp for 

his own use, under the provisions of this Act, to have within 

his possession more than two (2) quarts 0r shrimp per person, 

either fresh shrimp with heads on, or frozen shrimp, or both, 

to be used for bait purposes only, but not otherwise; provided 

further that any person may take or catch shrimp during the open 

season for his own personal use provided the catch meets the 

count requirements of this Act, any other provisions or this Act 

to the contrary notwithstanding." [%phasis added] 

An examination of Section ll indicates that the Legislature provided that 

a Sports Shrimp Trawl should have a mesh not smaller than one and one-half (11/2) 

inches between the knots and it is significant to note that they failed to use the 

language."at the time such net is new and unused". Since both nets are for the 

purpose of taking bait shrimp only end since the Legislature recognized that 

shrInkage would occur in the mesh of trawls of the Commercial Bay-Bait Shrimp Boat, 

therefore, it Is the opinion of this Department that it was clearly the Legislative 

intent to allow the same tolerance for shrinkage to a Sports Bait-Shrimp Trawl as 

thst allowed to a f%mmercial Bay-Bait Shrimp Trawl. 

Iu considering your questlon number 2 we examined all of the sections of 

House Bill kI75b, Vernon's Annotated Civil Statutes, 88 well 8s the caption of 

House Bill 12, supra, and we find that there is no provision for the taking of 

shrimp other than a try net end a trawl other than in~section ll. It provides 

that the taking of shrimp for one% own personal use may be lawfully taken by the 

use of a Cast net, Dip net, Bait trap or Minnow seine no larger then twenty (20) 

feet in length, manually operated on foot without the use of any mechanical means 

or devices. In the same Section ll a definition is given of a "Sports Bait-Shrimp 

Trawl" though it appears that the only person who may lawfully take or catch 

shrimp by use of other than a try net and trawl are sports fishermen. 

The Legislature did not we fit to specifically provide for the size mesh 

of a Cast net, Dip net, Bait trap or Minnow seine that may be used for a sports 

fishbrman; Since the Legislature was,dealing with the subject of taking shrimp 

for bait &poses only and saw fit to provide the mesh size of trawls, it is 

obvious that it was not intended to place a limitation on the size of mesh of the 

other nets end seines referred to above. This should answer your question number 

2. 
Bonorable H. &Dodgen, Page 3 (~~-965) 

SUMMARY 

(1) Article bO75b relating to the ta&ing of bait shrimp by 

Sports Bait-Shrimp Trawl in which the law prohibits a mesh 

smsller then one end one-half (11/2) Inches stretched between 

the knots intended the tolerance for shrinkage allowed trawls 

or Commercial Bay-Bait Shrimp Boats. 

(2) Cast nets, Dip nets, Bait traps or Ylnnow seines are the only 

means other than trawl alloved for the taking of shrimp end these 

implements may be used only by a sports fisherman. 

Yours very truly, 

WILL WIIBON 

Attorney General of Texas 

BY:~& & 

HARRIS TOLER 

Assistant 

APPRovELk 

0PnIIo!IC~EE: 

W. V. Geppert, Chairman 

BillAUen 

Arthur .%ndlin 

MarthaJoeStr6ud 

Joe&Master 

REVIBWEOFORTHEATTQRKMGENERAL 

BY: IeonardPassmore