*1 OFFICE OF THE AITORNEY GENERAL OF TEXAS AUSTIN

Honorable Parks E. MoMiohael County Attorney

/ Caes County

Linden, Texas

Dear Sir:

Thir is to aokno of your letter of a lawful tram- e oa,*t. Not for olation OS the fish B. 99, A&e Of the Forty-rirst fth okled seaeion, chapter 27, page' ted Criminal Statutes, Art. 95Baa-3), it be unlawiul for any person to any fish in the publfo fresh wa- ters, oreeks, lakes, bayma, poola, lagoons or tanks in the Counties of Cam, Bowie, Mor- ris and Titus, State of Texas, by any other *2 Honorable Parks E. MoMlohael, Page S

means than'by the ordinary hook and line, set hook and line, gig or artificial bait, and it shall bye unlawful for any person to place in.

the public fresh water rivers, creeks lakes bayous, pools, lagoons, or tanks in the OOUII~ tles of Cass; Bowle, Morris snd Titus any seine, net or other devloe or trap for taking or catching fish; provided, however, that per- sons may use a dMOW seine which is not more than twenty feet in length for the purpose or catching minnows for bait; provided, that in seining for minnows for belt as hereln permit- ted, all fish and all minnows more than two and one-half inohes in length shall be returned to the water at once while alive. No person shall use the minnow seine herein permitted for the purpose of taking any fish other than minnows for bait; provided, however, that noth- ing in this Act shall be construed to prevent the taking or catchfng of buffalo, oarp and catfish bJ7 the use of a hoop, trammel or gill set with meshes not less than three inch88 square in the fresh waters of Cass, Bowie, Mor- ris and Titus Counties, State of Texas, save and except during the months of March and Ap- ril of each year, and provided, further, that pond neta are hereby entirely prohibited.

"Any person violating any of the prorl- sions of this Act shall be deemed guilty of a miademeanor and upon oonvlotion shall be fined In a sum of not less than Ten (&lO.OO) Dollara nor more than one Hundred ($100.00) Dollarr.

All laws and parts of laws in oonfliot herewith are hereby repealed."

Article 924 of the Penal Code reads as fOliowar "It shall be unlawful for any person to place in any of the waters of thlr State any poison, lime, dynamite, nitroglycerin, giant powder or other explosives or t0 plsoe in such waters any drugs, substanoer or things deleterl- OUB to fish life for the purpose of oatohing or attempting to oatoh fish by the use of such substances or things, or for any other purpose whatsoever, provided however that in event it becomes neoeseary to place any explosive in wa- ters in connection with construction work, same ’ Honorable Parka E. MoMlohael, Page 3

may be authorized by written order of the Coun- ty Judge ol the County where the work is to be done.

*Any one violating any provision of this Act shall be deemed guilty of s mlademeanor and on conviction shall be fined not less than Fif- ty Dollars ($SO.OO), nor more then One Hundred Dol- lars ($lOO), and shall serve a sentenoe in the county jail of not less than sixty (60) days, nor more than ninety (90) days."