Case Information
*1 403 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
kIomrable n. a. Rughe
Dlstriot Attorluy
Ika Aa@o, T&&e
4?e have gl*sa car ion to your request OS thir dewtment captioned question. mfeaion. of this re-
It appear* that the ueet is stieot ei the Aote of the 1 have upon 7th LqWature, time thlr Aot beoame hrr ln for09 ln eSieatir6.
lone of this shall Tom Cfmeu, State of be unlawful to transport om Green County Sor the purpose yone to tranapoPt out of said pose more than two hundre% (200) one day, captured in said County. It shall be unlawful for any psrssn %&Id.
to use any trotllne or tbrov line with more than twenty-five (25) hooks theraon, and any individual group OS individuals, in the @ame part , is to two such lines OS tvant -five 1 125) hooka limited eaoh, or an aggregate OS fifty hooka, vhether (50 use& on two or lloore lines.
sonorable 8.. J. aI@e§, page 2
%?C. 4. It shall be unlavful from February 15th.-to April 3Oth, lnolusive, of each year for from any of the any one to take attempt to take, waters of Tom Cfraen County, any fresh water fish, except suckers, carp, and gar, vhich sald suckers, oarp, and gar may be taken during the time speoi- fied above by the use of wire loop only.
“sed. 5. It shall be unlavful in the County of Tom Green for any person to take or have in his possasaion any catSL%h less than eleven (11) inches In length.
‘%a. 6. It shall be unlawful in the County of Tom Green for atiy person to take in sny one day or to have in his poaseesion at any one time %wre than fifteen (15) ostflsh.
“sea. 7. Any person violating any provision of this Act ahall be deemed guilty of a misdemean- or, and upon convlotlon shall be fined not less then FLve Collars ($5) nor more than FlSty Dollars ($50).
*sec. 8. The p~otioions of this shall ex- pire June 1, 1943.
%3eo. 9. all laws or parts of law In aon- Sliat herewith are hereby repealed.”
We have been unable to Slnd any local fishing law partainlng 00 Tom Green Couutg that is now in afrect or that teas in effect at the time of the passage of thla Act. Conse- quently, the said Act does not have any effect VhatuOeVer up- on any 10-1 f iah laws. Our concern 1% therefore directed as to what effect it has upon the general laws of this State.
We have found no general statute% on the number of minnows one may tak6 per day, or the number OS hooks one may use on a trot or throw line, or the site and number OS Cat- fish that tiy be taken. IQ Pact, an examination OS the utat- utes has disclosed only two general statutes upon any part of
matter oovered by this Act of the 47th Legirlature; Umtt the S%tt6P Of 01066b 8688OllOe Art1016 933 Of the t6IMf GO& pro?1668 for a 61086d 066600 CUA bar6 and ara pi6 duria# Xmoh sod April, Artiole 8 0166 ma800 oa rafabov trout aaag @* pooider for a P t& moathq ef Jmwuq Februa y, Mwoh, April and Wpf. ft au bti a0ti06a that Se6ti0n 1 of the AOt under aoarlderatloa dr olar b r 8 $101~64 l 6aeon m all fish exoept su~k6rn, oarp and w frem ~brusq ~15th to Afl 30th.
th6 rule seemu to be that where there am two rtat- ator ooveaiag the @me 8ubjeot, ori6 geaeral and oae rpeolal, tin speoi81 statute will oontrol, not upaa the ,thsoq oi re- $mal, abut upon the bsoad rule that all pa&S of tjxe Aot or 6t6tUt68 must 8t6M if possible, 6nb thet the tit6lItiOtI Of the kgirlature ia &or6 alearly refl6oted by the rpeeial statute thm thr general one, Both are peraitt6d t0 8tand, the rpe- Oh1 rt4tut* be- treated 8s though it ver6 a proviro exoept- irO6l the ~SlierSl rlt16. Ia other ~0146, both rso 606l6t~ in its proper plaoe. See Fortia- @tatoh atead, raoh applyi hry v, Mate, 283 $. WI 36, Runt ve Atklawa 18 8. WI (IM) a?* ft iO~lQV8 &4&t USA th6 8psOi.91 5t6tUt6 &piP66, t&6 Wesal lev again prevaila, Theefore, ap6Oial IRV h6re Wler ooiuiberatloa va6 controlling until it expired by its 6m ternr, but thereafter, general lava r6@atLqJ the h%z OS fish govern in Tan Oreoa County.
Besed on the foregOlrg it is our opinloa.and you Qe 00 adYi86d that all general L306 regulattag the taking , Ot fish rrom the frsah vatsr stream of Texas acm apply to t05t cPee& Cot.iuty ead have 80 applied aluoe J~ae 1, 1943.
Very truly your8 AT'PORm 0-L OF T'&XAS A6rlstant *lab