attemptingto take or catch,shrimpfor bait more than one (1) net at a time, exceptfor a try net not exceedingrive (5) feet as measuredfrom board to board, or to use any net exceedingin size twenty-five(25) feet measuredfrom board to board or betweenthe extremesof any other spreadingdevice,or any net havinga mesh size of less than one and one-half(11/2) inchesstretchedmesh at the time such net is new and unused,or to have in use or on board in the insidewaters of this State duringthe closed season thereofmore than one set of trawl doors (or other spreadingdevice) and more than one set of try net doors." [Emphasisadded]
Prom observingthe contextof this portionof the Act it is noted that s provisionis made that a "Commercial Bay-BaitShrimpBoat" operatoris prohibited HonorableH. D. Eodgen,Page 3 (~~-965)
fromusFng a mesh size of less then one and one-half(11/2) inchesstretched mesh at the time such net is new end unused.
The shrimpIndustryand the Game and Fish Commissionofficersare well scquainted with the fact that a new and unused trawl will shrinkwhen treated "it,hpresellrativesto preventits being soonerdestroyedby the act of salt mter thereonand even subjectinga non-treatednet to salt water will cause shrinlratwThere is no set formulaby which the emountof shrinkagemay be determinedin the variousinstancesin as much as all operatorsor shrFmp trawlsdo not pursue the Identicalmethod of treatment,therefore,it Is the clearintentionof the Legislaturethat a one and one-half(1 l/2) Inch stretchedmesh at *he time such net is new and unused will shrinkand become B net smallerthan one and one-half(1 l/2) Inch stretchedmesh due to shrink- age. If this were not true, the words "new and unused"vould not have been used. The LegislatureIoxv a treatednet would shrink.
The Act makes it clear that shrimpmay be taken by a "CommercialBay- BaitShrimpBoat" for halt purposesonly and prohibitsthe sale of shrimptaken by such operatorfor human consumption.
We now turn to Sectionll of Article 4G75b which reLatesto "Sports Bait-ShrimpTrawl". The full contextof the Sectionfollows:
"SectionIl. It shall be lawful for any personto take or catch,or attemptto take or catch in the coastalwaters of this State, bait shrimpfor his own personaluse by the use of Cast net, Dip net, Bait trap, or Minnow seine not largerthan twenty(2Q) feet inlengthmanuallyoperatedon root only vlth- out the use of any mechanicalmeans or devices;and it shall be lawfulfor aw nersonto take or catch.or attemntto take or catch,bait shrimp for his own personaluse by the use of a "SportsBait-ShrimpTrawl" as definedherein. Provided,however, it shallbe unlawfulfor any "SportsBait-ShrimpTrawl" to be In the possessionof any personwithin the coastalwaters of this State,tithoutthe owner thereof having first procureda license, to be known as a Sports Bait-ShrimpTrawl License,from the Commissionprivilegingsuch trawl to be used withinthe coastal waters of this State; providedalso, that such trawl shall first have been inspectedand properlytagged by the Commissionand an inspectionand licensefee of Three Dollars ($3) shall have been paid to the Commission,also the lic&nseprovidedfor herein shall expire on August 31st followingthe date of Issuance. Provided further,that It shall be unlawful for any person to use or have within his possessionwithinthe coastalwaters any SportsPaIt- ShrimpTrawl having a mesh