July 26, 1947 

Ifon, John Ii, Miller 

District Attorney 

36th Judicial District 

Sinton, l!exas 

Opinion Ho. V-314 

Re: Legality of the use 

or possession of nets 

in or on the waters of 

lfueces Bay in Nueces 

county for taking fish 

and shrimp. 

Dear Sir: 

Your request'for' an 0pinSon reads: 

"Your attentlen 1s Invited to Artgale 

952L-10, Vernon's Annotated Penti Code, 

1925, and your opiniea is requested as 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 submitted another 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, Vernonss Penal Code, as smended 

by Chapter 119, Acts 1929, 41st Legfslature, page 269, 

aentains seven sections, but only sections 1, la, and 

lo are pertinent to your questions. 8c%?tiW 1 ncke8 

it unlawful for any person to place, set,uae or drsg 

any seine, net or other device for catching fish and 

shr%mp, other than the ordinary pole and line, casting 

rod and reel, artffielal bait> trot Ifnee or cast net 

or minnow seine 0r not fpore than twenty feet in length 

for catching bait, or have in hfs possesafon any seine, 

net or trawl without a permit issued by the Game, Fish 
Hsno John Ii0 Miller, Page 2, V-314. 

and Oyster Commissioner (now Game, Ffsh and Oyster Commission) or by his authorized deputy in or on any Of 

the waters of any of the bays, streams, bayous, or canals of Orange, Jefferson, Harris, Brazorfa, Chambers 

and Galveston Counties, or in the tidal waters of many 

other specifically named or defined bodies of water, 

includfn$ Nueces Bay In Bueces County. 

Sectfon la re'ads: 

"Provided that It shall be unlawf&I for any person to drag any seine, 

ox use any drsg seine, or shrimp trawl 

for catching fish or shrimpp or to take 

OF catch fish or shrfmp with 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." (Emphasis addedI 

Sectfon lc reads: 

"Provfded that it shall be unlawrul to attach to any set net. str& 

net or trammel net 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-fourth inch in diaQeterL"' (Emphasis addedI 

Section 1E prescribes a penalty for violation of any of the provisions of this ArtLclea 

In 1937, the Legislature enacted a statute 
lion, John H, 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 posseasion or 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 

exceeding twenty Seet la length, or a licensed trawl, 

In any of the waters mentioned therein at 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 contains this 

provision: 

"Provided 

8888 Or us8 a i 

It shall be 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 possession or u8e ef a 

llcensled trawl, net or seine for catching fish or ahrlmp 

In Aueces Bay was by this Act made lawful, and to that 

extent It modlSled or reperlea by lmplicatlon~that art 

eS Article 941 In conflict therewith, which made un k awf'ul, 8uch poseesslon or use of trawls, nets and seines 

ie fuecee Baya Hovever, the provision8 OS 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 46th Legb, Spec. bW8, 

pv818, $bCa 1). This Article made it 1 

strlke nets, gill net8, trammel net8 or -%!#$%::I, 8 

a8 defined by the statutes, r0r the tsW;ng of fish an15 

shrimp from certain named or defined bodies OS salt watere in Cha8Ibers and GaIV88tOn Counties during the perA 

iod bd‘ipIIIT "$ 

ust 15th and endlng May 15th OS each 

ArMa 8 9 1 as amended in 1929 abaolutelj proEkd the uas Or*IWtS and trawl8 r0r’the taking of 

fish am4 mbdmp in ;anJ of these,saIt waters of Chamber8 

and GaIveaten Counties at any time. Therefore, there 

IS an lxreoenollable conflict between these tW0 Statute8, the 8rr8Ct or which 18 that Article 952L--30 nodlSfe8 or repeaI8 by Implication that part of Article 941 

,,.~ ., ): : .~ 
lion. Johm B. W115e3, Page 4, V-314. 
. 

lion0 John H. Hillsr, ?rge 5, V-314. 

Yours very truly 

ATfOBWBY BHWRRAL OF TXXAU 

&A 

David Wuntah 

Assistant 

: