Case Information

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OFFICE OF THE A-ITORNEY GENERAL OF TEXAS AUSTIN

Hon. A. J. Luokett

County Attorney coma1 County Texas

New Hreunfels,

Dear Sir:

the department's opinion on the f

.?I8 there a closed a

0r oatfieh,in Cornal count

is the closed masonp .-

'we .hve c request and.'Artl- ale 952,qlld 952x+, aU .~endnWkf4 '.tbers

,$&&;~;," ~'. >. Ii&i' 3t.q +wmk'-

169, p. 2TQ;~qnd by the pla$n pro*

rhioh aeatione rka

provided that~ the posaeesion of 'any tmkle, the ime & nhioh is prohlhdted ~by the provisions of 'this dot, within two handred (200) yards of tiny fresh waters in the Counties named hereln,~e&il~ betpry facie evidence of tha v,lolation of this

0

Hon. A. J. Luokett, p. 2

Wee. 2. It shall be unlawful in the Coun- ties of San Saba, Gillespie, Blanco, Kendall, Kerr, Comal, Llano, Mason, Kimble or Pal Verde to sell, offer for sale or have In possession for the purw pose of sale any black bass, crappie, catfish, or sunfish, commonly called perch.,

"Sec. 3, No person, firm or corporations or their agents shall take, catch or have in their pos- session any black bass, perch or orappie taken from any fresh waters in said Counties from the 1st day of March to the 1st day o.f May of any year or to have in possession at any time any black bass of less length than eleven (11) inohes, any.oatfish of less length than nine (9) Inches or any orapple (common1 called white perch) of less length than seven (T v inches."

Seo. 4 prescribes a penalty for violation of any of thoprovisions oi said article.

The above quoted seotlons make it unlawful to have .~$nposaession at any t&ke?any catfish of,less, length than

nixi& (9) inches* taken from any of the fresh waters of. Comei countY*

We have found no statute making it Ulawfnl tom thM& datoh,'or have in possession at any time oatfish oZ? nine lnohes; or more in length taken from the fTesh waters of said county.

The 1943 amendment, oh. 169, is in no way pertinent .to your inquiry. It deals with an entlrely.dfffe.rent~ sub- ject. Its purpose is to permit.the sale or barter o<: catfish and other named species of fish' taken from the rresh waters of coma1 oountyo It, of course, 'does not amend the above quoted sections of Art. 95261, inhibiting the possesslon of cat- fish less than nine lnohes in length+

Yours very truly ATTORWEY GXNERAL OF TBZAS David Wuntoh BY b/ Assistant DW:db:bb APPROVED MAR. 19, 1944 /a/ 0. P. Blackburn

ACTING ATTOKNEY GE- OF T&AS

AFFRovED cPIN1ONcOMWITTEE

DT- A.W., Chairman.