smallerthan one and one-half(1 l/2) inch stretchbetween the knots; and it shallbe unlawfulto use or employ doors or other boards or devicesto spreador open such Ho&able H. D. Dodgen,Page 4 (~~-965)
trawlswhich are of greatersize and dimensionsthan twelve (12) by eighteen(ti) inches,or a total of two hundredand sixteen(216) squareinches,providedfurther,that it shall be unlawful.to have in possessionor to use more than one (1) such trawl per boat and the distancebetweenthe doors or other boards or spreadingdeviceshalltit exceedtwelve (12) feet. Providedfurther,that it shallbe unlawfulfor any person taking or catching,or attemptingto take or catch, shrimpfor his own use, under the provisionsof this Act, to have within his possessionmore than two (2) quarts0r shrimp per person, eitherfresh shrimpwith heads on, or frozen shrimp,or both, to be used for bait purposesonly, but not otherwise;provided furtherthat any personmay take or catch shrimpduringthe open seasonfor his own personaluse providedthe catch meets the count requirementsof this Act, any other provisionsor this Act to the contrarynotwithstanding."[%phasis added]
An examinationof Sectionll indicatesthat the Legislatureprovidedthat a Sports ShrimpTrawl shouldhave a mesh not smallerthan one and one-half(11/2) inchesbetweenthe knots and it is significantto note that they failedto use the language."atthe time such net is new and unused". Since both nets are for the purposeof taking bait shrimponly end sincethe Legislaturerecognizedthat shrInkagewould occur in the mesh of trawls of the CommercialBay-BaitShrimpBoat, therefore,it Is the opinionof this Departmentthat it was clearlythe Legislative intentto allow the same tolerancefor shrinkageto a SportsBait-ShrimpTrawlas thst allowedto a f%mmercialBay-BaitShrimpTrawl.
Iu consideringyour questlonnumber 2 we examinedall of the sectionsof House Bill kI75b, Vernon'sAnnotatedCivil Statutes,88 well 8s the captionof House Bill 12, supra,and we find that there is no provisionfor the takingof shrimpother than a try net end a trawl other than in~sectionll. It provides that the taking of shrimpfor one% own personaluse may be lawfullytaken by the use of a Cast net, Dip net, Bait trap or Minnow seineno largerthen twenty(20) feet in length,manuallyoperatedon foot withoutthe use of any mechanicalmeans or devices. In the same Sectionll a definitionis given of a "Sports Bait-Shrimp Trawl" though it appearsthat the only person who may lawfullytake or catch shrimpby use of other than a try net and trawl are sports fishermen.
The Legislaturedid not we fit to specifically providefor the sizemesh of a Cast net, Dip net, Bait trap or Minnow seine that may be used for a sports fishbrman; Since the Legislaturewas,dealingwith the subjectof taking shrimp for bait &poses only and saw fit to providethe mesh size of trawls,it is obviousthat it was not intendedto place a limitationon the size of mesh of the other nets end seinesreferredto above. This shouldanswer your questionnumber 2. BonorableH. &Dodgen, Page 3 (~~-965) SUMMARY
(1) ArticlebO75b relatingto the ta&ing of bait shrimpby SportsBait-ShrimpTrawl in which the law prohibitsa mesh smsllerthen one end one-half(11/2) Inchesstretchedbetween the knots intendedthe tolerancefor shrinkageallowedtrawls or CommercialBay-BaitShrimp Boats. (2) Cast nets, Dip nets, Bait traps or Ylnnow seinesare the only means other than trawl allovedfor the taking of shrimpend these implementsmay be used only by a sports fisherman.
Yours very truly,
WILL