OFFICE OF THE AITORNEY GENERAL OF TEXAS **AUSTIN**

Honorable Parks County Attorney / Caes County Linden, Texas Dear Sir: E. MoMiohael

Thir is to aokno of your letter of

a lawful trame 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 anyperson to any fish in the publfo fresh waters, oreeks,lakes, bayma, poola, lagoons or tanks in the Counties of Cam, Bowie, Morris and Titus, State of Texas, by any otherHonorable Parks E. MoMlohael, Page S

means than'by the ordinaryhook and line, set hook and line, gig or artificialbait, and it shallbye

unlawful for any person to place in. the public freshwater rivers, creeks lakes bayous, pools, lagoons, or tanks in the OOUII~ tles of Cass;Bowle, seine, Morris snd Titus any net or other devloe or trap for taking or catching fish;provided,however, that personsmay use a dMOW seinewhich isnotmore than twenty feet in length for the purpose or catchingminnows for bait; provided, that in seining forminnows for belt as hereln permitted, all fish and all minnows more than two and one-half inohes in length shallbe returned to thewater at oncewhile alive. No person shall use theminnow seineherein permitted for the purposeof taking any fish other than minnows for bait; provided, however, that nothing in thisAct shallbe construed to prevent the taking or catchfng of buffalo, oarp and catfishbJ7the use of a hoop, trammel or gill setwith meshes not less than three inch88 square in the fresh waters of Cass, Bowie,Morris and Titus Counties, State of Texas, save and except during themonths ofMarch and April of each year, and provided, further, that pond neta are hereby entirely prohibited. "Anypersonviolating any of the prorlsions of thisAct shallbe deemed guilty of a miademeanor andupon oonvlotion shallbe fined In a sum of not less than Ten (&lO.OO)Dollara

. nor more than oneHundred ($100.00)Dollarr. All laws and parts of laws in oonfliotherewith are hereby repealed." Article 924 of the Penal Code reads as fOliowar "It shallbe 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 attemptingto oatoh fish by the use of such substances or things, or for any other purpose whatsoever, providedhowever that in event it becomes neoeseary to place any explosive inwaters in connectionwith constructionwork, same. ’

Honorable Parka E. MoMlohael, Page 3

may be authorized by written order of the County Judge ol the County where the work is to be done. *Any one violating any provision of this Act shallbe deemed guilty of s mlademeanor and on conviction shall be fined not less than Fifty Dollars ($SO.OO),nor more then One Hundred Dollars ($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** FIRST ASSISTANT ATTORNEY G=AL i?:;T 51 Beijamfti 'V!oodall

Assistant