July 26, 1947

Ifon, John Ii,

Miller DistrictAttorney 36th JudicialDistrict Sinton, l!exas OpinionHo. V-314

Re: Legality of the use or possessionof nets in or on the waters of lfueces Bay in Nueces county for taking fish and shrimp.

Dear Sir:

Your request'for' an 0pinSonreads:

"Your attentlen1s Invited to Artgale 952L-10,Vernon'sAnnotated Penti Code, 1925, and your opiniea is requestedas to whether or not the amme revives the proviasions of Article 9443, PC, 

### 1925,aa smended by Chapter 119, pege 269, Acts O;t the Regular Session of the 4lst Legislature, which made It unlawful ii0 net in Huecea Bay."

You have orally submittedanother question which Is:
"Did the Act c? 1937 (Acts 45th Leg., ch. 182, p* 372*) rcepeal that part of ArtlCL3 941, Vernon's Penal Code, as amended in 1929, which made un1awfk.l the use or possession of nets for taking fish and shrimp in lVuece8 Bay?"
Article 941, VernonssPenal Code, as smended by Chapter 119, Acts 1929, 41st Legfslature, page 269, aentains seven sections,but only sections1, la, and
lo are pertinent to your questions. 8c%?tiW 1 ncke8 it unlawfulfor any person to place, set,uaeor drsg any seine, net or other device for catchingfish and shr%mp, other than the ordinarypole and line, casting rod and reel, artffielalbait> trot Ifnee or cast net or minnow seine 

### 0r not fpore than twenty feet in length for catchingbait, or have in hfs possesafonany seine, net or trawl without a permit issuedby the Game, FishHsno John Ii0 Miller, Page 2, V-314.

and Oyster Commissioner (now Game, Ffsh and OysterCommission) or by his authorizeddeputy in or on any Of the waters of any of the bays, streams,bayous, or canals of Orange, Jefferson,Harris,Brazorfa,Chambers and GalvestonCounties,or in the tidal waters of many other specifically named or definedbodies of water, includfn$Nueces Bay In Bueces County.

Sectfon la re'ads:
"Providedthat It shall be unlawf&I for any person to drag any seine, ox use any drsg seine, or shrimp trawl for catchingfish or shrimppor to take OF catch fish or shrfmpwith any device ether than wfth the ordfnwy pole and line, casting rod, rod and reel* artiffcfal bait, trot line, set line, or cast net, or minnow seine of not more than twenty feet fn length for catching bait, or to use a set net, trammel met ok strike net, the meshes of which shall not be less than one and one-half Inches from knot to knot, in any of the tidal bays w, OF waters of Section 1 hereof." (EmphasisaddedI
Sectfon lc reads:
"Provfdedthat it shall be unlaw

### rul to attach to any set net. str& net or trammelnet used In anm the w;?T gang

cf the 'tidal

baEp streams, bayous3 lakes, lagoons or inlets of this State, any cork lfne OF lead lfne of a siae greater than one-fourthinch in diaQeterL"' (EmphasisaddedI
Section 1E prescribesa penalty for violation of any of the provisionsof this ArtLclea

In 1937, the Legislatureenacted a statute

### lion, JohnH, Miller, 

### Peqe 3, V-314*

.(Acts 45th Leg., 

### ch, 182,p* 

### 372),which made it ualawful for any $0XsOn to place, net, use, or have'ln posseasionor have on board any se&are

B net or trawl in

7 boat, or on any vehicle, he tldsl waters oS liueces and Aramsa8~Countle8 named or deilned therein. It permltted the u8e of a cast net or minnow seine of not exceedingtwenty Seet la length, or a licensed trawl, In any of the waters mentioned thereinat any time for the purpose oftski 9f b⁢ and made It 1awSuI to have 8 88lQe, net or bsali Qa bO8Pd any vessel vhen such ve8- seI Is in port or wlrlle enroute to or from the Gulf OS Mexico or other vatera where It 1s lawful to use or possess such a seine, net or trawl. It also containsthis provision:

"Provided 8888 Or us8 a i It shallbe lawSu1 to posiC8nSed travl~or seine in any other nalt vatera 

### or mews county not BEntiOlled

in thl8 Act a8 closed." (&- phasls added).

Nueces Bay is within the term "salt waters OS Nueces Couaaty,"

and la "not mentioned in this Act aa clOse8 water80* Pherefore,the possessionor u8e ef a llcensled

trawl, net or seine 

### for catchingfish or ahrlmp In Aueces Bay was by this Act made lawful, and to that extent It modlSled or reperleaby lmplicatlon~that art eS Article 941 In conflicttherewith,which made k un awf'ul, 8uch poseesslonor use of trawls,nets and seines ie fuecee Baya Hovever, the provision8OS SectIons la and Ic OS Artfcle 941 were not repealed.

Artfcle 952L-10,Vernon'8 Penal Code, was Sfrst enacted in 1932 (Acts 42nd Leg,, 3rd C. S., pq 92) and amended In 1939 (Acts 

### 46thLegb,Spec. bW8, 

### pv818,$bCa 1). This Articlemade it 1 -%!#$%::I, strlkenets, gill net8, trammelnet8 or 8 a8 defined by the statutes,r0r the tsW;ng of fish an15 shrimpfrom certain named or definedbodies OS salt watere in Cha8Ibers

and GaIV88tOnCountiesduring the perA iod bd‘ipIIIT "$

ust 

### 15th and endlng May 15th OS each ArMa 8 9 1 as amended in 1929 abaoluteljpro

### Ekd the uas Or*IWtS 

### and trawl8 

### r0r’thetaking of fish am4 mbdmp in ;anJ of these,saIt

waters of Chamber8 and GaIveatenCounties at any time. Therefore,there IS an lxreoenollable conflictbetween these tW0 Statute8, 

### the 8rr8Ct 

### or which 18 that Article 952L--30nodlSfe8 or repeaI8by Implicationthat part of Article 941 ,,.~ ., ): :.~lion. Johm B. W115e3, Page 4, V-314..



### lion0 JohnH. Hillsr, ?rge 5, V-314.



### Yours very truly
ATfOBWBY

BHWRRAL

OF TXXAU

&A


### DavidWuntah

Assistant

: