Untitled Texas Attorney General Opinion ( 1944 )

403
OFFICE OF THE ATTORNEYGENERAL 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.
It appear* that the mfeaion. of this re-
ueet is the stieot ei the Aote of the
17th LqWature, have upon the fish
hrr ln for09 ln time thlr Aot beoame
eSieatir6.
lone of this Act 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.
%&Id. It shall be unlawful for any psrssn
to use any trotllne or tbrov line with more than
twenty-five (25) hooks theraon, and any individual
or group OS individuals, in the @ame part , is
limited to two such lines OS tvant 1 -five 125) hooka
eaoh, or an aggregate OS fifty (50 hooka, vhether
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
any one to take or attempt to take, from any of the
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 Act 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Sliat herewith are hereby repealed.”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 fiah laws. Our concern 1% therefore directed as
to what effect it has upon the general fish laws of this State.
We have found no general statute% on the number of
minnowsone 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 CUAbar6 and ara pi6 duria# Xmoh sod April, Artiole
@* pooider for a 8P0166 ma800 oa rafabov trout aaag
t& moathq ef Jmwuq Februa y, Mwoh, April and Wpf. ft
au btia0ti06a that Se6ti0n 1 of the AOt under aoarlderatloa
dr o la r b8
r $ 1 01 l ~64
6aeon m all fish exoept su~k6rn, oarp and
w frem ~brusq ~15th to Afl 30th.
th6 rule seemuto be that where there am two rtat-
ator ooveaiag the @me 8ubjeot, ori6geaeral 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 tjxeAot 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-
rso 606l6t~ irO6l the ~SlierSlrlt16. Ia other ~0146, both
@tatoh atead, raoh applyi in its proper plaoe. See Fortia-
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, the ap6Oial IRVh6re
Wler ooiuiberatloa va6 controlling until it expired by its
6m ternr, but thereafter, the 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