San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-03-27
USE Of LIVE
BAIT At LAKE
IS UNLAWFUL
No Fishing for Bass "by
Any Means" Permissible
in March and April.
LAW LOST SIGHT OF
Deputy Game Commissioner
Digs Up Statute to APP
ply at Medina.

A statute passed by the Texas
Legislature in 1917. which has been
lost sight of in a puzzling tangle of
interpretations on the fresh water
fishing laws, will be enforced to
prohibit the taking of bass in Medina
Lake "by any means" during March
and April.
The law will be enforced to prevent
fishing with live bait, a practice which
anglers at Medina Lake have pursued
in the months closed to artificial bait
on the authority of Judge Bruce Bry-
ant of the attorney generals office
who held that the law which per,
mitted the use of minnow seine
in the CLOSED months was surely
meant to permit the use Of natural
bait in catching fish.
Thus. according 10 Chief Deputy
Commissioner George Finlay Sim
mons of the Fish. Game and Oyster
Department. the use of live bait will
be prohibited, under this overlooked
statute, and there will be no fishing
at all, legally. at Medina Lake in
March and April, the months in which
bass spawn.
Here's Simmons Answer.
Because Of understanding. mis-
interpretations and conflicting ideas
of the law, The Light undertook tC
get the subject cleared up. The
Game Commissioner at Austin wa,
written for complete ruling. In
the absence of Commissioner Boyd
Chief Deputy Simmons sent the fol
lowing reply, in part:
The old law, enforced durin.
previous seasons. permitted the us,
of live bait under a ruling of the
attorney generals office. though the
statute itself could be taken 10 pro.
hibit all sorts of fishing. That
statute prohibited the use of any
seine or net. except twenty-foot
minnow seine. and prohibited the use
OF any artificial bait or line of any
khd' during the months Of March
and April. Since it excepted minnoy
seines, used for catching natural bait
Judge Bruce Bryant of the Attorney
Generals office held that the inten
tion was that fishing with natnra
bait was legal during those two
months.
But there is another statute
which had been lost sight of: Articl,
SRA of the Revised Penal Code
passed at the Third Called Session
IN 1917. prohibits the taking. tran
ping. catching. seining. taking nv an,
means, or possession during Marcel
and April of any bass or white perch
taken from the public fresh waters
Medina Lake is included in the term,
public fresh waters but the smaller
creeks are not. Only those stream.
not crossed by original grant lines ar,
public streams.
This last statute was put in effec,
because the federal government
claimed Texas did not have an ode
quate season protecting the spawning
OF these fish and that therefore aid
should not be given the hatchery al
San Marcos; the same claim will he
made about Medina Lake if this Law
does not remain in force.
Sincerely yours.
GEORGE FlNLAY SIMMONS.
thief Deputy Commissioner.
lin Charge Of Investigations.
Would Affect Hatchery.
The last paragraph of Mr.. simmons
letter has reference to fish hatcherics.
In explanation. il NAV be said that
money is now being raised TO estnb.
lish hatchery at Medina Lake for
the exclusive stocking Of that body of
wafer and that this hatchery. once
built by local sportsmcn. will be stock.
r2 ana maintained by the government.
IL Is taken that the government might
withdraw this promised laid" to fine
Medina Lake hatchery were not the
law against live bait fishing in March
and Anril enforced and a complete
closed season of two months establish.
ed.