Mr. H. D. Dodgen

Executive Secretary Game and Fish Commission Austin, Texas

Dear Mr. Dodgen: OpinionNo. 

### WW-1487
Re: Interpretationof the duty and authority of the Game and Fish Commission under Article 

### 4053,Vernon's Civil Statutes.
You have requested the opinion of this office regarding proper Interpretationof the duty and authority of the Texas Game and Fish Commissionunder Article 

### 4053,Vernon's Civil Statutes. Article 

### 4053reads in pertinent part as follows: 11 fled that-theIf the Commissioner Is satlstaking, carrying away or dlsturblng of themarl, gravel, .sand,shells or mudshell in the designated territorywould not damage or injuriously affect any oysters, oysterbeds, fish Inhabitingwaters thereof or adjacent thereto and that such operation would not damage or Injuriously affect any island, reef, bar, channel, river, creek or bayou used for frequent or occasional navlgatlon,nor change or otherwise Injuriously affect any current that would affect navigation, he may Issue a permit to such person after such applicant shall have compliedwith all requirementsprescribed by said Commlssloner.

. . .'
In your letter requesting this opinion, you state that certain Galveston Bay shell firms have Indicateda desire to dredge the shell deposits underlying three large reefs In GalvestonRay. You further state that such utillzatlonwould necessarily Involve dredging reefs which are the chief commercial oyster producing reefs In Texaswaters, and It Is thereforeprobable that the utilization of the shell depositswould result In injury or damage to theser -r - -

Mr. H. D. Dodgen, page 2 (WW-1487)

oysterbeds within themeaning of Article 4053.

In clear and unequivocal language,Article 

### 4053requires that the Game and Fish Commissionbe satisfied that the removal ofmaterial from the river bed or bay would not damage or Injuriouslyaffect any oysters, oysterbeds, etc. By Article 4051, Vernon's Civil Statutes, the Game and Fish Commission Is vestedwith the duty ofmanagement, control and protection of the State's Interest In a wide variety of property. Article 

### 4053 sets forth the conditionsunder which the Commissionmay grant a permit for a private person or corporation to remove some of this property. The Commission Is bound to follow the precise terms of Its grant of authority.

It Ismade clear from your letter that the Commlsslon is not satlsfled that the removal of shell from beneath the reefs In GalvestonHay would not cause harm to the oyster beds connectedwith the reefs. The Commission 1s granted discretionaryauthoritywith reference to the granting of permits for the removal of shelldeposits from the lands and waters under Its control. Such authority Is not delegable; neithermay It be abrogatedby a ruling of this office.
SUMMARY

Under Article 

### 4053,Vernon's Civil Statutes, the Texas Game and Fish Commissionhas dlscretlonary authority to grant or deny permits for the removal ofmarl, gravei, sand, shells or mudshell, and the Commlsslonhas a duty to follow the llmltatlons established **by** the Legislature.
Yours very truly,
WILL WILSON Attorney General of Texas

MIQ:msMr. H. D. Dodgen,page 

### 3 (~~-1487)

APPROVED:
OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Albert Prultt Cecil Rotsch Sam Stone
REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore