San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-03-29

Texas runs true to legal form; it would
be singular if the fishing laws were not
as Clear as mud"
1t is a wild story. mates. So. gather
round end list to it's painful details
or else, be resigned TO the fate OF those
who depend upon logic and common
sense to steer them through the legal
snags that abound in every piscatorial
| playground in Texas.
Forrnery--which means prior to the
most recent; ruling-it was lawful" in
practice; to fake bass and white perch
from public .fresh-watcr streams and
lakes in. Texas during the months of
March and April, as we'll as in other
months. provided the fisherman used
live bait. This was permissible under
ruling of the attorney-gencral's office
because the law, which might easily have
been construed to the contrary, con-
tained a sort of joker. The statute for-
babe the use OF "any artificial bait or,
line of any kind and the use OF any net
or, seine. except 20-foot i1innow-seine,
during the months of March and April.
If not only nets and seines, but lines
"of any Finds" were barred. how could
one lawfully. catch any fish at al?. The
adjective artificial" as any professor of
English would agree, qualified Zine of
any kind, as we'll as "bait" What is an
artificial liner" What is natural
line"
But these questions do not indicate the
particular loophole discovered and made
available to the public by the attorney
generals department. Inasnuch as it
was permissible to catch live ninnows,
it was assumed that the authors Of the
law must have contemplated that the
minnows so caught would be put to
the only use they can reasonably serve
namely fishing. Hence the ruling which
permitted the taking of bass and white
perch in March and April, which con-
'stituted the closed season, provided the
fisherman used live bait.
So far, so good-or so bad, depending
upon ones convictions. Now comes the
announcement that another, less ambigu-
ous and consequently more drastic law
had been lost sight Of" This statute
(Article SRA of the Revised Penal Code)
forbids "the taking, trapping, catching,
seining, taking by any means, or posses
sion during March and April of any bass
or white perch from the public fresh
waters"
1t is this law that is henceforth to be
enforced-and its enforcement was de-
cided upon, one gathers from the chief
deputy commissioner statement recent
ly published in THE LIGHT, as means
of meeting the national governments re-
quiremcnts for the establishment of fish
hatcheries under federal regulations and
patronage. In other words, Texas must
maintain bona fide closed season dur
ing. the spawning period, or else lose the
federal .hatcheries already established in
the state and be denied federal aid in the
establishment of other hatcheries, in
Guiding the one planned for Medina
Lake.
But--and here the interest Of survey
ors, lawyers, English "profs," abstractcrs,
record keepers and other title Sharks"
should pick up-thcre arises the 1ues-
ton, applicable to every fishing trip,
What is the exact meaning of the term
public fresh waters?"
The state game. fish and oyster COM
mission, reporting the legal ruling on
this matter, says:
Medina Lake is included in the term
public fresh waters but the smaller
creeks are not"
Smaller than what? Is there a def |
mite standard of comparison, with exact
Enthusiastically specified? The
statement continues:
Only those streams not crossed by
original grant lines are public streams"
What fisherman possesses, or knows
where to find, a map or other document
bearing the original grant lines in rela-
ton to every fresh-water stream in
Texas?
Ach, lieber, such a dizziness!