Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE AlTORNEY GENERAL OF TEXAS AUSTIN I Honorable Wn. J. Tucker Exeoutlve secwtsry I. Oame, Fish & Oyster Commlasion Aus tin, Texas ceipt of gour letter OPilltOtonOf ,thia De- equesting you advise roaedures to be a compact vlth the ontrolllng fishing ortlon of ,-the State of 0x8s inundated by the vaters and there vas the necessary attendant legislation on thla subject? 9, Could special legislation provide thst R special fee be charged for fishing and hunting vithin the area for the benefit ,of such a comgaat? . . HOD. We. J. Tucker - Page 2’ “3. could spsclal polfce regule- ‘tions be provided that could be enforoed in any portion of the area by either the police suthorltles of Texas or Oklahoma? ~’“4. If an adequate compact is ap- proved by the United States Congreaa, could the area embraced include not only the vaters impounded by DenlsOn Dam but the adjacent area for the purpose of pro- moting vild 1lSe conservation therein? %e ahall.appreciete very much so& fuil QdViGe on this aubjsct, in order that .ve may be properly guided in hegOtiatlng vith the same and,flsh authorities of the S$.ete OS o&lahomai” The states of Texas and OklAh0~ Can enter Into a compact cbntrolllng fishing and hunting in that, portion of the states of TeXa8 and Oklahoma inundated by the vaters of Denleon Dam. ::.. Tbe,I,eglslature~of the states desiring to entelr Into ~such compact may,’ by .ACt ,duly passed, authorize their Qovernor to appoint e commias~ioner to enter Into ne- gotlations, looking to the fogmtion of such oompsot. The Oovernor~of each such state should also request the Federal authority to name a representative to Pertioipate in the negotlatibns.for a uompaot, fl and vhen an agreement.or COmpaotIs entered into between the states, such dompact should be approved by the Federal representative participating, ~atlflad by the Leglalature of each of the signatory states, and approved by the congress of the United’ states. The states entering into a compact may provide thereIn for the exercise of such authority over the area Bon. Wm. J. Tucker - Page’) ~erobraced therein as they my deem appropriate, that Is not in conflict ulth the Constitution and lava of the united states, or bf the signatory states, but the authorl- ty to be exercised over the area embraoeCJ in the oompaot ,,.---;;egg of the’.signetory states should be clearly defined . Uhat la se%@ @Dove, pe th¶.nk, ansvers your question HO. 1. ue are of the oplnmion that your questions Hoa. 2, 3 and 4 should be angered in the affirmative. .Youra very truly OF TB!CAS MTORHEi OEHBRAL B. P. Price Asaiatant EPP:BT