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performance of his duties, upon the approval of his expense account by the Gaine, Fish and Oyster Commissioner.
Two special deputies who shali have jurisdiction over the entire coast, but subject to the orders of the commissioner, an amount not to exceed $600 per annum each.
One deputy at Sabine Pass, $50 per month.
But in no instance shall the State be liable for the payment of said deputies, and in the event that there are not sufficient funds to the credit of the fish and oyster fund at the end of any month to pay the salaries herein fixed, for such month, then the Game, Fish and Oyster Commissioner shall prorate the amount then on hand in proportion to the salaries received for such month.
All certificates issued by the Game, Fish and Oyster Commissioner for the location of private oyster beds, under the laws of 1895, passed by the Twenty-fourth Legislature, are hereby validated, and the Game, Fish and Oyster Commissioner is hereby authorized to call in all certificates of location previously issued which are not annulled by the forfeiture under the laws of 1895, and to issue new certificates in lieu thereof.
Article 2518c}. For the purpose of protecting the fish and oyster industry and to enforce and carry into effect the fish and oyster laws of this State, the Game, Fish and Oyster Commissioner is hereby fully authorized and empowered to purchase for the use of the State two boats of sufficient size and tonnage to cost not exceeding $1000 each, and to be paid for out of the fish and oyster fund of the State by warrants drawn on said fund by the Game, Fish and Oyster Commissioner, and duly approved by the Governor; said boats, when so purchased, shall be used by the Game, Fish and Oyster Commissioner or his deputies in patrolling the bays and public coast waters of the State for the purpose of enforcing the criminal fish and oyster laws and for the better protection of the public and private oyster reefs of the State, and for the purpose of requiring all parties engaged in taking fish and oysters from the public waters to comply strictly with the laws of Texas. For the purpose of carrying out the provisions of this Article, the Game, Fish and Oyster Commissioner is authorized and empowered to employ not to exceed two men on each of said boats who shall at all times be under the direction and supervision of the Game, Fish and Oyster Commissioner; provided, that one of said men on each of the boats herein provided may, in the discretion of the Game, Fish and Oyster Commissioner, be one of his regular authorized deputies, and shall receive $65 per month; said employees hereby provided for, in case they be other than a regular authorized deputy, shall receive the sum of $30 per month, and board for themselves not to exceed $10 each per month. The expense of operating and maintaining said patrol to be paid for out of the fish and ovster fund of the State, by warrants drawn on said fund by the Comptroller and duly approved by the Game, Fish and Oyster Commission.
Article 2518k). For the better protection of the fish and oyster industry, any individual, firm or corporation engaged in, or who may engage in the business of a wholesale dealer or dealers, in fish and oysters, shall on or before the first day of September of each year secure from the Game, Fish and Oyster Commissioner or one of his deputies, a license granting such individual, firm or corporation permission to engage in said occupation. For the purpose of obtaining this license the applicant desiring same must make written application to the Game, Fish and Oyster Commissioner or one of his deputies, in which he (the applicant) shall set forth under oath if required, that he is a citizen of the United States; he shall also agree that because of the privilege which he applies for from the State of Texas, that all products bought by him shall at all times be subject to the inspection of the Game, Fish and Oyster Commissioner, or any of his deputies, and in said application he shall authorize said commissioner or any of his deputies to enter his place of business or any place where he may have such products stored and inspect same. He shall also agree to keep a correct record of all purchases made by him under this Act, in a book to be furnished by the Game, Fish and Oyster Commissioner, and further, that failure on his part to keep a correct record shall be grounds for the forfeiture of his license granted him under the application aforesaid. This application having been duly executed and delivered to the Game, Fish and Oyster Commissioner or any of his deputies, together with the fee for same, it shall then be the duty of the Game, Fish and Oyster Commissioner, or his deputy, to issue to the applicant a license to engage in the business set forth in the application. Said license must be signed by the Game, Fish and Oyster Commissioner or one of his deputies, stamped with the seal of his office, and state the name of the licensee, place of business and the kind of license applied for and shall be good for twelve months following the date of issuance. For it the applicant shall pay $2.50 for each ten thousand pounds of fish bought by him during the year previous, as evidenced by the record book before mentioned, and, if for oysters, then he shall pay one dollar for each thousand barrels bought by him for the same period. The Game, Fish and Oyster Commissioner is authorized to arrange the amount with all applicants under this Act for a license to be issued on or before September 1, 1909, said agreement to be based on the amount of business done for the twelve months ending September 1, 1909, as near as can be ascertained. Any person, firm or corporation failing to comply with this Article shall be fined not less than $10 nor more than $50, and each day shall constitute a separate offense. A wholesale dealer within the meaning of this Article is one who is regularly engaged in buying fish in lots of two hundred and fifty pounds or more and oysters in lots of five barrels or more, for the purpose of resale.
Article 2518m. Any person who is a citizen of the United States, or any corporation having been chartered in this State, shall have the
right of obtaining a location for planting oysters and making private oyster beds within the navigable waters of this State, by making written application to the Game, Fish and Oyster Commissioner or his deputy, describing the location desired. A fee of ten dollars cash must accompany such application. It shall then be the duty of the Game, Fish and Oyster Commissioner or his deputy to examine thoroughly the location desired, as soon as practicable, with tongs, dredge, or in any other efficient manner; and if the same be not a natural oyster bed or reef, and exempt from location by any Section of this Act, he shall have the location surveyed by a competent surveyor. In making said location said surveyor shall plant two iron stakes or pipes on the shore line nearest to the proposed location, one at each end of the proposed location, which said stakes or pipes shall be not less than two inches in diameter and be set at least three feet in the ground. Said stakes or pipes shall be placed with reference to bearings of not less than three natural or permanent objects or landmarks. All locations of private oyster beds shall be made outside the riparian limits as defined in the laws relating thereto.
The Game, Fish and Oyster Commissioner or his deputy shall give to the locator a certificate signed by the Game, Fish and Oyster Commissioner and stamped with the seal of his office; such certificate shall show the date of application, date of survey, number, description by metes and bounds with reference to the points of the compass and natural and artificial objects by which the said location can be found and verified; and the locator shall pay to the Game, Fish and Oyster Commissioner or his deputy a fee of ten dollars for every fifty acres or fractional part thereof for the examination of said location, including the certificate; provided, that the ten dollars heretofore paid by the locator with his application shall be deducted from this fee.
At any time not exceeding sixty days after the date of such certificate of location, the locator must file the same with the county clerk of the county in which the location is situated, who shall record the same in a well-bound book kept for the purpose, and the original with a certificate of registration shall be returned to the owner or locator; the clerk shall receive for the recording of such certificate the same fee as for recording deeds; the original or certified copies of such certificates shall be admissible in evidence under the same rules governing the admission of deeds or certified copies thereof. Any person so locating shall be protected in his possession thereof against trespass thereon in like manner as free holders are protected in their rights, so long as he complies with the conditions of this Act, (as amended by the Twenty-eighth Legislature.)
Article 2518r. The Game, Fish and Ovster Commissioner is hereby authorized to use and expend the sum of $3000, or as much thereof as may be necessary out of the fish and oyster fund, for the purpose of improving and reviving the natural oyster beds in Matagorda Bay, in the State of Texas, by constructing a canal from the northeast end of said bay, connecting same with the lakes and bayous leading into the San Bernard River, for the purpose of conducting salt water into said bay; and said amount of $3000, or so much thereof as may be necessary, is
hereby appropriated out of said fish and oyster fund for such purpose, said money to be paid out upon the approval of the Game, Fish and Oyster Commissioner, and by warrant drawn by the State Comptroller on the State Treasurer; provided, that in no event shall the State be liable for the payment of any indebtedness created by virtue of this Act, and the said Game, Fish and Oyster Commissioner shall only create such indebtedness when there are sufficient funds in said fish and oyster fund, not otherwise appropriated, to meet such indebtedness.
Article 529e. It shall be unlawful for any person to have in his or her possession, or to sell or ship any red fish more than twelve pounds in weight, or less than one pound in weight; any trout of less than threefourths of one pound in weight; sheephead, flounder, Spanish mackerel or pompano of less than one-half pound in weight. It shall also be unlawful for any person to catch and hold within any seines or enclosure, any character of fish for a longer period of time than thirtysix hours. Any person offending against this Section shall upon conviction be fined in any sum not less than ten dollars ($10) nor more than two hundred and fifty dollars ($250).
Article 529g. It shall be unlawful for any person during the breeding season, consisting of the months intervening between April 1st and September 1st, to catch any fish or terapin by drag-seine, set-net or other device, except the ordinary hook and line or cast-net, or to drag any seinc, set any net, or use any other device except the regular turtlenet (the meshes of which shall 2:ot be less than twelve inches square) in any of the coast waters of the State of Texas, which are hereby declared to be breeding grounds for fish and terrapin, except the following bays, coast waters and passes in this State, in which seining, setting nets, or the use of any other devices for catching fish, turtle or terrapin in any way, other than by the ordinary hook and line and cast-net, is hereby prohibited, at any and all times, to-wit:
All that portion of coast waters in Calhoun, Victoria and Jackson counties north or west of a line starting from the extreme end of Gallinipper Point in Calhoun county and running in a northerly direction in a direct line to the extreme south point of Point Comfort, or Mitchell's. Point in Calhoun county, and all that body of water in Matagorda county known as Tres Palacios Bay, lying north and east of a line drawn from Wells Point to Oliver Point and its bayous and inlets, also that body of water in Matagorda county commonly known as Oyster Lake and all that body of water in Cameron county west of a straight line drawn from the T head, or upper end of the Rio Grande railroad wharf at Point Isabel to the extreme southern point of Brazos Santiago, and all that body of water in Cameron and Nueces counties known as Baffins Bay; all that portion of water known as Red Fish Bay in Aransas and Nueces counties, being all that body of water lying west of and between Tally Island Shell Banks, Bird Island, Hog Island, Blackberry Island and Ransom Island on the east and the mainland on the west; also that portion of water in Aransas county known as St. Charles Bay; also that portion of water in San Patricio and Nueces counties lying north of a line drawn from the south end of the San Antonio and Aransas Pass railway bridge and running in an easterly direction to
the extreme southern point of Hatch’s Peninsula; also that body of water known as Clear Creek and Clear Lake and its bayous in Galveston and Harris counties; also all water within one mile on either side of all passes leading from the Texas coast waters into the Gulf of Mexico.
The breeding ground referred to in this Article in which fishing by drag-seine, set-net, or by the use of any other device except the ordinary hook and line and cast-net, is prohibited during the said months from April 1 to August 31 of each year as above specified, are as follows:
1. All the waters of Laguna Madre except Baffins Bay and from Rio Grande wharf to Portrero Largo, etc., which shall be closed at all times.
2. All that portion of water in Nueces county north of the San Antonio and Aransas Pass railway bridge and marked on the United States coast survey chart as Nueces Bay.
3. All that portion of water marked on the United States coast survey chart as Hynes Bay.
4. All that portion of water in Calhoun county north of a line starting from the extreme point of Marsh's Point and running due east to the east bank of San Antonio Bay, and marked on the United States coast survey chart as Mission Bay and San Antonio Bay. All that portion of water in Espiritu Santo Bay in Calhoun county north of a line drawn from the east end and north bank of the channel at Steamboat Dugout and running in a northeasterly direction to the east point of Blackberry Island and all waters in Espiritu Santo Bay north of a line starting from the east point of Blackberry Island, thence in an easterly direction to the north side of the north channel where Big Bayou enters Matagorda Bay.
5. All that portion of water in Calhoun county marked on the United States coast survey chart as Keller's Bay and Carancahua Bay.
6. All that portion of water in Matagorda county known on the United States coast survey chart as Turtle Bay; also all that portion of water in said county north of a line extending from Half-Moon Lighthouse in a northeasterly direction to Dog Island, and all that water lying north of a line extending from Dog Island to the mouth of Caney Creek.
7. All that portion of water in Brazoria county marked on the United States coast survey chart as Bastrop Bay and Oyster Bay.
8. All that portion of water in Galveston and Harris counties north of a line starting from the extreme southern point of Red Bluff on the west bank of Galveston Bay and running in an easterly direction to the first beacon south of Morgan's Point, thence in a northerly direction to the extreme point of Mesquite Point.
9. All that portion of water in Chambers county marked on the United States coast survey chart as Turtle Bay.
10. All that portion of water in Chambers county starting from the mouth of Trinity River with all adjacent channels, bayous and lakes up said river to include Lake Charlotte.
11. All that portion of water lying west of a line drawn from the northwest point of Mustang Island at the old revetment (placed there by the United States Government) to the first bayou south of the light house and continuing in the same direction to the east shore of Harbor Island. Said body of water lies between Mustang and Harbor islands, and is commonly known as the Cove.