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 :opy 1 
 
 REPORT 
 
 THE COAST FISHERIES OF TEXAS 
 
 I. P. KIBBE, 
 
 STATE FISH AND OYSTER COMMISSIONER. 
 
 AUSTIN: 
 
 VON BOECKMANN. MOORE & SCHUTZE. STATE CONTRACTORS. 
 
 1898. 
 
REPORT 
 
 THE COAST FISHERIES OF TEXAS 
 
 T«= 
 
 I. P. KIBBE, 
 
 STATE FISH AND OYSTER COMMISSIONER. 
 
 
 
 AUSTIN: 
 
 VON BOECKMANN. MOORE & SCHUTZE, STATE CONTRACTORS. 
 
 1898. 
 

REPORT 
 
 OF 
 
 STATE FISH AND OYSTER COMMISSIONER 
 
 THE FISHEEIES OF TEXAS AND THEIR IMPORTANCE. 
 
 From reports of the U. S. Fish Commission of 1880, the number of 
 men employed in the fisheries of Texas was 601, the capital invested $42,- 
 400, and the weight of the fish taken 3,858,875 pounds, valued at $128,- 
 300. 
 
 In 1890, the number of men engaged in this industry was 1277, the 
 value of property employed was $315,427, and the weight of the products 
 was 7,961,400 pounds, for which the fishermen received $313,912. 
 
 Since the last date there has been quite an increase in the fish industry, 
 in the number of men and capital employed, as well as the catch and price 
 obtained. The full statistics will be published in a subsequent report. 
 
 While seining is the most important method of catching fish, the trot- 
 line and hand-line add materially to the catch. The latter including ex- 
 tensive Red Snapper fishing in the Gulf of Mexico. This part of the in- 
 dustry being confined to a company in Galveston. 
 
 THE FISHING GROUNDS AND THEIR AREA. 
 
 The following is a list of bays along the Texas coast in which fishing 
 is done : 
 
 Square Miles. 
 
 Sabine Lake 9-4 
 
 Galveston Bay and tributaries 565 
 
 Matagorda Bay and tributaries 1 40 
 
 Esperetu Santo Bay and tributaries 63 
 
 San Antonio Bay and tributaries L29 
 
 Mesquite Bay and tributaries 23 
 
 Aransas Bay and tribute ries 1 '> ;; 
 
 Corpus Christi Bay and tributaries 185 
 
 Laguna Madre Bay and tributaries 81 
 
 Total 2471 
 
 SHIPPING POINTS. 
 
 The main shipping points along the coast for fish and oysters are Gal- 
 veston, Port Lavaca, Rockport, and Corpus Christi ; yet a limited amount 
 are sold at Sabine, Port Arthur, Velasco, Matagorda, St. Mary's, Aransas 
 Pass, and Point Isabel. 
 
 KINDS OF FISH MARKETED. 
 
 The principal fish marketed are redfish, red-snapper, trout and sheep- 
 
He port ok Fish and Oyster Commissioner. 
 
 4 
 
 head, while Spanish mackerel, pompano, jack-fish, flounder, blue-fish, 
 croakers, whiting, rock-fish, and bass arc caught in limited quantities 
 during the different seasons. 
 
 OYSTERS A\li OYSTER-CULTURE IV TEXAS. 
 
 The subject of oyster culture is an old one, yet its importance demands 
 our earnest consideration. While it has been agitated in Texas for many 
 years, experiments have been limited, though small ones have been made 
 which have proved profitable. 
 
 About the year L890 the Galveston Oyster Company transplanted a 
 large quantity of oysters, removing them from Matagorda Bay to Galves- 
 ton Bay. It is reported that this effort proved a failure, and that they 
 lost not only the plant but also the spat of that season. The total de- 
 struction of this bed has never been satisfactorily explained, though 
 several theories have been advanced — a mud deposit from the Gulf, 
 drainage from the creosote works at Galveston. Another plausible theory 
 is that the bed was maliciously destroyed by persons opposed to the en- 
 terprise. The fact that oyster-beds in the same bay. less than 10 miles 
 from this lied, were not injured in any way, points to the latter conclu- 
 sion. 
 
 While this experiment was unsuccessful, it is no proof that oysters can 
 not. be cultivated in Texas as well a- elsewhere, for it is a fact that they 
 have been profitably cultivated in a small way in this State for more than 
 forty years. These results were obtained by transplanting in the spring 
 into bayous, channels, or coves, which offer a better supply of food than 
 the natural reef or bed. Oysters handled in this way grow much larger, 
 fatten sooner, and bring much better prices in the market. 
 
 The Tiger Island Oyster Company, id' Port Lavaca. Texas, planted ovei 
 L-,000 barrels of <n't\ oysters in March, L897, and in November these oys- 
 ters were in tine condition. More than one-fourth were average-size, 
 marketable oysters, which, if left on the reef, would not have been util- 
 ized at any time, as oysters from this reef had not been found in a mar- 
 ketable condition lor years. The price of transplanting being less than 
 I : ' cents per barrel and the market price of good oysters being from 
 75 cents to $1.25 per barrel, a good margin is left for the work of gather- 
 ing and marketing. 
 
 It is claimed li\ some that oysters will utow in almost any locality and 
 upon any bottom, a collector for the spat being the only essential. While 
 this is true to some extent, my observation does not bear out this theoi*} 
 altogether. Food supply, as well as a limited amount of fresh water. 
 are neccessary elements. While they do well on some mud bottom-, on 
 others they die as quickly as on sand. A deposit of foreign soil or mud 
 will often kill out a bed. although a good bed will sometimes be entirely 
 surrounded by a natural mud bottom. I am of the opinion that many 
 failures can be attributed to this cause. 
 
 In changing oysters from one locality to another, depth and tempera- 
 ture of water should be observed as well as other natural surroundings. 
 If any .ureal change is neccessary, it will he found that the voung oysters 
 will stand it much better than the grown. 
 
 Regarding the best artificial bottoms and collectors, I would say that 
 these depend entirely upon the original bottom. If in deep mud and 
 but little or no current or sea, brush, brush mats, old shoes, and leather 
 
Report of Fish and Oyster Commissioner. 5 
 
 can be used. If in current or sea, the mats would have to be anchored 
 and the brush stuck in the bottom as a stake. Upon bard bottom oys- 
 ter shells are considered the best and cheapest collectors, but will not do 
 in soft mud unless fine shell be used as a foundation, in the planting of 
 oysters, as in other things, the nearer we approach nature the more cer- 
 tainty there is of success. 
 
 Owing to the mildness of the climate and the long growing seasons in 
 this State, the oyster is very prolific. The spawn being less liable to in- 
 jury from cold, a good, spat for each year is more certain. 
 
 Many inquiries are made as to the maturity of a marketable oyster, 
 Under favorable circumstances some mature in three years from the spat, 
 but four years will ordinarily produce a good marketable oyster where 
 favorably located on any part of our coast. 
 
 In this State the oyster has but few enemies, the drumfish being the 
 only one dreaded. There are no starfish and but few worms and conehs. 
 
 Our present law gives to any citizen of the State the right of locating 
 as much as oil acres of land covered with water for an oyster-bed. The 
 locator pays a surveying fee of $10 and a rent of 10 cents per acre for the 
 first five years and 25 cents per acre thereafter. As long as the rent is 
 promptly paid he is amply protected. He is allowed to gather seed oys- 
 ters from certain reefs for planting without culling. 
 
 We have along the coast of our State about forty bays, lakes and coves. 
 But few if any of these are without a natural oyster-bed. Hence, there is 
 no lack of seed oysters within easy reach of good grounds. 
 
 The above facts, with the climatic advantages and over 300 miles of 
 coast, enable Texas to offer inducements in the oyster industry equal if 
 not superior to any other State in the Union. 
 
 NATURAL OYSTEB BEDS OR REEFS. 
 
 As far as can be ascertained the following will show the number of 
 square miles of natural oyster beds or reefs, and the bays in which they 
 are located. 
 
 Square Miles. 
 
 Sabine Lake 1 
 
 Galveston Bays 50 
 
 Matagorda Bay 45 
 
 San Antonio Bay 1 
 
 Esperitu Santa Bay 6 
 
 Mes(|uite Bay 3 
 
 Aransas Bay 15 
 
 'Corpus Christi Bay 13 
 
 Laguna Madre 3 
 
 Total 137 
 
 From the above tabulated statement it is observed that the natural 
 oyster beds or reefs have an area of 137 square miles, or 87,680 acres. 
 
 Within the last few years (bore have, been many new \^'i'\'^ formed and 
 some old ones killed out. Others have been injured by being overcrowded 
 and for want of food could not fatten for market, in some instances, 
 where beds were located in shoal water, the continued upward growth of 
 the reef, caused by the collection of all kinds of silt, as well a- the natural 
 
Kkport of Fish and Oyster Commissioner. 
 
 growth, the top of the reef is so near the surface of the water, at common 
 tide, that at extreme low tides, and especially during our northers, a 
 large per eeni of this class of beds have been injured by cold. Hence, 
 but few, if any, marketable oysters can be found on such a reef, yet quan- 
 tities of small ones may be gathered every year. 
 
 This class of oyster beds would be greatly benefited by the use of the 
 dredge. By ibis means the shallow beds or reefs would be deepened and 
 spread, thus increasing the marketable oysters. 
 
 At present there is decrease in marketable oysters, yet a marked in- 
 crease in interior qualities. This is largely the case in Galveston, Nueces, 
 and Aransas bays, but in Matagorda Bay there is not such difference. 
 However, this may occur at any time. 
 
 The law prohibiting the use of any form of oyster dredge in the waters 
 of this Stale has been a menace to the trade and detrimental f o the growth 
 of the industry. Dredges could be used with good results in many in- 
 stances; not only where the water is too deep for tonging, but also where 
 the oysters grow in ridges, for by the dredge the latter would be torn down 
 and spread over a greater surface, thus furnishing a larger area for 
 growth. An example of this is found in Maryland and other States 
 where dredges are used. The result being that the area is not only in- 
 creased but is ak-o an inducement for capital to be invested in this indus- 
 try. Many Slates with not one-fourth of the natural product are doing 
 a much larger business in this line than Texas. 
 
 It has been the history of all nations that as the population increases 
 the natural oyster beds diminish ; nor can it be presumed that Texas is an 
 exception to this rule. Many theories have been advanced for the perpet- 
 uation of public oyster beds. 
 
 While protection has proven advantageous, it has failed to accomplish 
 the desired result. However, this in connection with the use of the 
 dredge, if properly restricted in the cultivation of oysters, is, in my 
 opinion, the most practical theory to this end. By this means the supply 
 is increased to the extent of the cultivated beds established, thereby caus- 
 ing the reef oysters to be m better condition for marketing; for in taking 
 the oysters tor planting purposes, the inferior ones can lie used, and in 
 most instances to an advantage to the planter as well as to the oystermen, 
 and in fact to all connected with the industry. 
 
 TURTLE. 
 
 In Former years I he catching of turtle was a growing industry in our 
 Stall', there being five or six turtle canneries, besides large shipments of 
 live turtle. At present there is but one canning establishment, and even 
 ibis has a very limited trade. Also, the shipments of live turtle are but 
 \'r\\\ the decrease being caused by the scarcity of turtle found. This 
 scarcity is largely i\\\c to the manner in which the turtle is caught in Mex- 
 ico, Central America, the West Indies, and to some extent in Florida. 
 The mode of catching them in these countries is by watching the shore 
 and islands, and when the cow- or female turtle comes ashore to deposit 
 her eggs in the sand, she is caught and turned on her back, a means of 
 securing them; then the\ arc taken to market by the wagon load. Thus 
 one man is enabled to catch hundreds of turtle in one day. Although the 
 time for catching them in this manner is very limited and the work light, 
 yet the destruction is fearful. The country not only loses those caught, 
 
Report of Fish and Oyster Commissioner. 7 
 
 but also her egg*, or seed; and when it is considered that each turtle will 
 lay from one to two hundred eggs annually, there is hardly a limit to the 
 destruction, and unless this is stopped this valuable animal will be utterly 
 exterminated. As the turtle lay their eggs almost exclusively in the 
 above named countries, we can have no hope of rebuilding our trade in 
 this industry, unless these countries can be persuaded to pass laws for the 
 animals' protection, and unless such action is taken the turtle will be a 
 thing of the past. Hence we would urge that some steps be taken at an 
 early date to secure such action. 
 
 TERRAPIN. 
 
 The diamond-back terrapin is found in many parts of the State. As 
 they require both fresh and salt water, they may be found near the mouth 
 of fresh water streams — at least this is the portion of the bay in which 
 they have their homes ; yet they may wander off into almost any part in 
 search of food, etc. 
 
 In former years there was a good supply in the lower end of Sabine 
 Lake, Galveston, Matagorda, Aransas, and other bays. In 1894, heavy 
 shipments were made from Sabine, Galveston, Matagorda, Port Lavaca, 
 and Rockport ; but since the freeze of that year they have been so scarce 
 that the shipments have been nominal. However, the supply is now in- 
 creasing, and we can hope for a profitable business in this industry in the 
 near future. 
 
 The terrapin is susceptible of being grown in pens, if located near the 
 mouth of a fresh water stream. Here they must have access to sand-beds 
 for depositing their eggs, as well as soft banks in which to burrow and bed 
 during the winter months. If properly cared for in this way they in- 
 crease very rapidly. 
 
 As the market, price ranges from sixteen to twenty-four dollars per 
 dozen, while the seed terrapin can be bought for about twenty-five rents 
 each, a very fine profit can be realized from this industry. Hence it 
 occurs that the inducement is sufficient for capital. 
 
 SHRIMP. 
 
 This being a product of the Gulf, they are not found in paying quan- 
 tities in other bays than Galveston and Corpus Christ! ; yet a limited sup- 
 ply of small shrimp may be found in most of the hays in certain seasons, 
 but the catching of shrimp for market is confined to the above named 
 points, where it is considered a profitable industry. By the use of proper 
 seins and boats, shrimp can be caught near any pass on the Gulf, and I 
 see no reason why this industry should be so limited, as there is a demand 
 for shrimp throughout the year. 
 
 THE TARPON, OR SILVER KING. 
 
 This grand old monster of the deep seems to have taken the lead — that 
 is, from the sportsman's standpoint. The tarpon, or grandecoy, as he is 
 frequently called, has for many years inhabited the deep bays of Texas, 
 but on account of his peculiarities, as well as his great strength, he has 
 not been caught with hook and line until about eight or ten years ago. 
 However, since that time, the desire of catching this game fish has stead- 
 ily increased. During the summer season^ hundreds of sports- 
 men from all parts of the United States come to our coast towns. Here 
 
Report of Fish and Oyster Commissioner. 
 
 they procure the necessary apparatus. The following is considered a 
 tarpon tackle, and the cost of same: One S-i'oot rod. costing from $6.00 
 to $15.00 ; one 200 vards line, costing from $3.75 to $6.00 ; one leader, cost- 
 in- from 75 cents to $1.25; one reel, costing from $8.00 to $25.00; one 
 gaff hook, costing $1.50. Total, $20.00 to $48.75. Hence about $35.00 
 for an average tackle 
 
 The fishing is generally done from a skill, in the current near a pass 
 or channel, as these places arc considered the most favorable tarpon 
 grounds, as it is said they do not strike or bite in still water. 
 
 The tarpon weighs from 60 to 200 pounds, according to size, and rang- 
 ing from two to six feet in length. They are not considered food fish, 
 but there is no reason why they should not be, as many of the large fish 
 of this species are used for canning purposes. 
 
 The tarpon scales are valuable tor making fancy work, as each scale is 
 partly covered with a coating resembling silver. The largest scales are 
 sometimes used as souvenirs, also for visiting and business cards. They 
 are worth from $5 to $7 per thousand, thus a value of from $1 to $2 is 
 created for the scales alone of each fish. 
 
 This great sporting fish has attracted so much attention that a tarpon 
 club house is being constructed by noted capitalists at Tarponville, on St. 
 Joe Island. The cost of same is estimated at about $50,000. Thus the 
 attention that our coast has attracted promises to be a arreat benefit to 
 our State. 
 
 THE PORPOISE. 
 
 This mainmal is found in reasonable quantities along the entire coast. 
 On account of his great strength, speed, and little value, he has never 
 been caught exclusively. Now, as there is a demand for porpoise oil and 
 leather, this State offers an opportunity for any one wishing to capture 
 porpoise for market. 
 
 They can be caught by harpooning, shooting, or by using a set net of 
 wire or rope, anchored with such weights as would drag from the pressure 
 or strain of one or two porpoises. They would drag this for a time, but 
 would finally give up. when they could easily be captured. 
 
 Tilt; FRESH WATER STREAMS. 
 
 While writing on the fisheries of Texas, I cannot refrain from making 
 a lew- remarks concerning the possibilities of the fresh water streams of 
 Texas, and the scarcity of fish therein. 
 
 The scarcity, it appears, can be attributed to the wanton destruction 
 of fish, by means or lime, dynamite, and other explosives, as well as set 
 nets, traps, and other illegal devices. The nets and traps, however, be- 
 ing less objectionable than the former, as all the fish caught therein are 
 used ; while by the nso of explosives only such fish as are immediately 
 killed and float to the surface ;it once, are used, which, in fact, is only 
 about one-fourth the number stunned, and may not rise to the surface for 
 some time. 
 
 Nearly all of our western and some of our eastern streams are suscept- 
 ible of raising the best variety of bass and perch, while some of the larger 
 streams would grow cat-fish, buffalo, etc. As the United States govern- 
 ment has established a fisherv within our State, at San Marcos, where a 
 reasonable supply of stock fish can he had, there is no reason whv every 
 
Report of Fish and Oyster Commissioner. 9 
 
 county bordering on a stream should not stock a [tort ion of said stream. 
 Then by the appointment of such officers as would enforce the laws of the 
 State for the protection of fish and game, every stream in Texas would 
 abound in fish within a few years. 
 
 By this means the food supply would not only he increased for those 
 who really need it. hut also it would offer spoil to many who are deprived 
 of this pleasure or else have to spend time and money to seek this sport 
 elswhere. and often disappointed after the loss of both. This sugges- 
 tion is as much to the lawyer, doctor, and merchant as to the farmer and 
 stoekraiser, regardless of their political views ; and 1 hope that in the near 
 future it will he adopted throughout the State. 
 
 To operate any system successfully there must he a head, even so in 
 this ease; and by extending the jurisdiction of the Fish and Oyster Com- 
 missioner so that the fresh water streams would be under his supervision, 
 a favorable result could be accomplished. By this means the State Com- 
 missioner could co-operate with the United States Commission, and ad- 
 vise and assist in stocking the various streams with fish best suited to each 
 locality. 
 
 PISH AND OYSTER LAWS OF TEXAS. 
 
 An Act creating the office of Fish and Oyster Commissioner, and defining 
 his duties, and for the protection of the fish, turtle and terrapin of the 
 bays and coast waters of the State, and to protect natural oyster beds 
 and reefs, and to provide for the location of private beds, and provid- 
 ing adequate penalties therefor. 
 
 Section 1. Be it enacted by the Legislature of the Stale of Texas: 
 That the office of Fish and Oyster Commissioner is hereby created, and 
 the (Governor is hereby authorized to appoint a competent person as Fish 
 and Oyster Commissioner for the State of Texas, who shall be qualified 
 under section 2 of this act to till said office. 
 
 Sec. 2. The person appointed to the office of Fish and Oyster Commis- 
 sioner shall be a citizen of the United States and a resident and tax payer 
 of this State, lie must he familiar with the habits of fish and oysters 
 and have some knowledge of navigation. 
 
 Sec. 3. The Fish and Oyster Commissioner shall reside in some town 
 or city on the coast of Texas during his term of office, which shall be for 
 two years. 
 
 Sec. -f. The Fish and Oyster Commissioner shall file with the Secre- 
 tary of State a good and sufficient bond, to he approved by the Secretary 
 of State, in the sum of ten thousand dollars, with two or more good and 
 sufficient sureties, conditioned that he will faithfully perform the duties 
 of his office, and he will take the oath prescribed for sheriffs, and when 
 he shall have filed said bond and taken said oath he shall enter upon the 
 duties of said office. Said bond shall not he void on the firsi recovery, 
 but may be sued on from time to time in the name of the State or any 
 person injured until the whole amount lias hern recovered. 
 
 Sec. 5. The said Commissioner shall have a seal, a. star with five 
 points, with the words. "Fish and Oyster Commissioner of Texas.*' 
 
 Sec. fi. The duties of the Commissioner are the execution of the fish 
 and oyster laws of this State: in the execution of these laws he shall have 
 and exercise the power given to sheriffs by the laws of this State. 
 
 Sec. 7. It shall be the duty of the Commissioner to inspect all fish. 
 
K) Keport of Fish and Oyster Commissioner. 
 
 green turtle, terrapin and oysters that are caught for sale or shipment. 
 
 Sec. 8. The Commissioner shall keep a record book, which shall be 
 well bound, and in it he shall record: 
 
 1. All applications for private oyster beds, and date of filing same. 
 
 2. When and how such applications were executed, whether the ex- 
 aminations were made by tongs, dredges, or otherwise. 
 
 3. Whether such applications were allowed or disallowed; if allowed, 
 an accurate description of same; if disallowed, the reason for refusal. 
 
 4. All applications for seine or set net licenses; if granted, the num- 
 ber and length of such seine or nets; if not granted, the reason Tor re- 
 fusal. 
 
 5. All applications for long licenses; if granted, the number; if not 
 granted, the reason for refusal. 
 
 (i. All amounts received for fees and licenses, from whom received, 
 and what disposition was made of such amounts. 
 
 7. All amounts of all lines collected, for what purposes oollected, and 
 what disposition was made of such amounts. 
 
 8. These records shall he public records and admitted a.- evidence, as 
 prescribed in article 2552, Revised Civil Statutes of Texas. 
 
 Sec. 9. The Commissioner shall make, upon the 30tb day of June of 
 each year, a, reporl to the Governor of the fish and oyster trade of the 
 Texas coast. It shall contain : 
 
 1. The name and class of all boat- engaged in the ovster and fish 
 trade. 
 
 2. The number, acreage, and place of location of all private ovster 
 beds. 
 
 3. The number of seine and set net licenses issued during the year, 
 -i. The number of tong licenses issued during the year. 
 
 5. The amounts for all fee- received, and for what service. 
 
 <;. The amounts of all lines collected during the year. 
 
 1 . ( observations and remarks. 
 
 The Fish and Oyster Commissioner shall have until October 1st to 
 make such report, and failing to make such report within the time speci- 
 fied he shall he deemed guilty of contempt, and may be punished by a fine 
 of not less than twenty-five dollars nor more than two hundred and fifty 
 dollars, or dismissed from office, or both such fine and dismissal, at the 
 discretion of the court having jurisdiction. 
 
 Sec. in. The Fish and Oyster Commissioner shall for his services be 
 allowed all U-c< for locating private oyster bods, all fees collected for li- 
 censes for seines, sol nets, and tongs. lie shall be allowed out of the fish 
 and oyster fund of the State twenty dollars for seal and record book, and 
 said seal and record book shall be the property of the State; Provided, 
 that the Commissioner shall not in an\ event receive for his services a 
 sum in excess id' eighteen hundred dollars per annum; ami the deputy 
 fish and oyster commissioners shall receive for their services a sum not to 
 exceed six hundred dollars per annum, to be paid out of the revenues for 
 their counties, and any excess of that amount shall be paid over to the 
 State fish and oyster fund, as provided in section 11 of this net; Provided 
 further, that the State shall not be liable in any sum for the services of 
 such Commissioner or any id' Ins deputies. 
 
 Sec. 11. All the money derived by the State from lines for infraction 
 of the fish and ovster laws. \\'{'^ for licenses, and taxes on private ovster 
 
Report of Fisij and Oyster Commissioner. 11 
 
 beds, shall be kepi by the Comptroller separate under the head of "Fish 
 and Oyster Fund." 
 
 Sec. 12. All moneys derived by counties from lines for infraction of 
 the fish and oyster laws. fees, taxes, etc., shall go to the general fund of 
 the county. 
 
 Sec. 13. Of all lines collected for infraction of the fish and oyster laws 
 ten percent shall go to the prosecuting attorney, and one-fourth shall go 
 to the informer, and one-hall' of the residue shall go to the fish and oyster 
 fund of the State, and the oilier half of the residue shall go to the county 
 in which the case was tried. 
 
 See. 14. Out of the fees collected for licenses issued for seines, set nets, 
 and tongs, the Fish and Oyster Commissioner and his deputies shall 
 be paid the amounts allowed them under section LO of this act. and the 
 balance shall be divided equally, one-half to be paid into the State fish 
 and oyster fund, as provided in section 11 of this act, and the other half 
 to be paid into the general fund of the county in which such licenses were 
 issued. 
 
 Sec. 15. The Commissioner is authorized to appoint one or more 
 deputy commissioners for each coast county in the State. Such deputy 
 or deputies shall have and exercise the same powers and duties as the Fish 
 and < iyster ( !ommissioner. 
 
 Sec. 16. Such deputy shall make a report by August first of each year 
 of his official acts for the year ending June 30 prior to each report, which 
 shall set forth and in detail such Tacts as are provided in section 9 of this 
 act. 
 
 Sec. IT. Each deputy fish and oyster commissioner shall exercise the 
 duties of his office in and for the county from which he was appointed. 
 
 Sec. 18. Before entering upon the duties of his office, each deputy 
 fish and oyster commissioner shall file with the Fish and Oyster Commis- 
 sioner a good and sufficient bond, with two or more sureties, in the sum 
 of one thousand dollars, and take the same oath of office as the Fish and 
 Oyster Commissioner, and said bond and oath shall be governed by the 
 provisions of section 4 of this act. 
 
 Sec. 19. No person shall hold the office of deputy commissioner who 
 is not a. citizen of the United States and a resident and tax payer of the 
 State and county in which he holds his office, and he shall hold his office 
 at the pleasure of the Fish and Oyster Commissioner. 
 
 Sec. 20. In making arrests, summoning witnesses and serving pro- 
 cesses, the Commissioner or his deputy shall be allowed the same fees and 
 mileage as sheriffs, the same being charged as costs and collected the same 
 as are sheriffs cost- and lees. 
 
 Sec. 21. The Commissioner shall be responsible, on his bond, for the 
 official acts of his deputies. 
 
 Sec. 22. It shall be unlawful for any person to catch fish, green turtle 
 or terrapin in the bays or coasl waters of this State by drag seines or set 
 nets, except as provided for in this act. 
 
 Sec. 23. The catching of fish, green turtle and terrapin in said waters 
 by poison, dynamite, nitro glycerine, giant powder or other explosives 
 is hereby prohibited. Any person so offending shall upon conviction be 
 fined not less than twenty-five dollars nor more than five hundred dollars, 
 and each day shall constitute a separate offense. 
 
 Sec. 2d. Any person wishing to engage in the business of fishing or 
 
12 Report of Fish and Oyster Commissioner. 
 
 catching green turtle or terrapin must make application in writing to the 
 Fish and Oyster Commissioner or his deputy for a license, stating under 
 oath that lie is ;i citizen of the United States and a resident and tax payer 
 of the State id' 'Texas, and stating also the name and class of his boat, the 
 number and length and class of nets to be used, and lie shall receive a 
 license authorizing such person to engage in such business. Such license 
 must he signed by the Fish and Oyster Commissioner or his deputy, and 
 must be stamped with the seal of bis office, and it shall state: 
 
 1. The name of applicant, and his place or residence. 
 
 2. Mdie name, class and place of registry of his boat. 
 ■'!. The number, length and class of nets to be used. 
 4. The date of issuance of such license. 
 
 Such license shall be good for all the purposes of tins act for six months 
 from the day of issuance of same, and for such license the applicant shall 
 pay to the Fish and Oyster Commissioner or his deputy the sum of five 
 cents pei' fathom for every fathom of drag seine, and two and one-half 
 cents per fathom for every fathom of set nets, and the float line shall be 
 deemed the length of such drag seme or set net ; and it shall be the duty 
 of the Fish and Oyster Commissioner or his deputy to measure such seine 
 or nets, and attach securely to each one a, metal tag with the letters "P. & 
 O. C." stamped thereon. 
 
 Sec. 25. Any person shall be entitled to hold a license to catch fish, 
 green turtle or terrapin, for sale or market, who is a citizen of the United 
 States and a. resident and tax payer of the State. Any one offending 
 against this section shall, upon conviction, be fined not less than twenty- 
 five dollars nor more than live hundred dollars. 
 
 Sec. 26. It .-hall be unlawful for any person to sell or ship any redfish 
 of more than twelve pounds in weight, or less than one and one-half 
 pounds in weight, any trout of less than one pound in weight, or any 
 sheephead of less than one pound in weight. Any person offending against 
 this section shall, upon conviction, be fined in any sum not less than ten 
 dollars nor more than two hundred and fifty dollars. 
 
 Sec. 27. It shall be unlawful for an\ person to sell or ship any green 
 turtle of less than twelve pounds in weight, or terrapin of less than six 
 inches in length of under .-hell ; or to catch or sell any terrapin from the 
 first clay of May to the first day of August. Any person offending against 
 this section shall, upon conviction, be fined in any sum not less titan ten 
 dollars nor more than two hundred and fifty dollars. 
 
 Sec. 28. It shall be unlawful for any person during the breeding sea- 
 -on. consisting of the months intervening between April first and October 
 first, to catch any fish, green turtle, or terrapin by drag seine or set net 
 in these waters, which are hereby declared to be breeding grounds I'm 
 fish, green turtle and terrapin, to-wil : 
 
 1. All that poll i. mi of water in Cameron and Nueces counties lying 
 wesl of a line starting form Griffin's Point and running in a northerly 
 direction to the northeast bank of Laguna Madre, and marked on the 
 United States coast survey chart as Baffins Bay and Agua Dulee. 
 
 2. All that portion of water in Nueces county lying north of the San 
 Antonio and Aransas Pass railroad bridge, and marked on the United 
 states coast survey chart as Nueces Bay. 
 
 All that portion of wafer in Aransas county north of a line start- 
 in-' from fbe town of Lamar and running south to the north end of Goose 
 
Report of Fish and Oyster Commissioner. 13 
 
 Island; thence in a southwesterly direction to the extreme southeast point 
 of Live Oak Peninsula, and marked on the United States coast survey 
 chart as Copano Bay, Puerto and Mission Bay. 
 
 4. All that portion of water in Aransas county marked on the United 
 States coast survey chart as St. Charles Bay. 
 
 5. All that portion of water in Refugio and Calhoun counties marked 
 on the United States coast survey chart as Hynes Bay. 
 
 6. All that portion of water in Calhoun county north of a line start- 
 ing from Marsh Point and running due east to the east bank of San An- 
 tonio Bay, and marked on the United States coast survey chart as Mission 
 Bay and San Antonio Bay. 
 
 7. All that portion of Lavaca Bay in Calhoun county north and west 
 of a line starting from Gallinipper Point on the south hank of said hay. 
 running in a northerly direction along Gallinipper Bar to Point Comfort, 
 or sometimes called Mitchell's Point. 
 
 8. All that portion of water in Calhoun county marked on the United 
 State coast survey chart as Carankaway Bay. 
 
 9. All that portion of water in Matagorda county north of a line start- 
 ing from Well Point and running east to Palacious Bayou, and marked 
 on the United States const survey chart as Turtle Bay and Trespalacious 
 Hay. 
 
 10. All that portion of water in Brazoria county north and east of 
 Mud Island Pass, and marked on the United States coast survey chart as 
 Bastrop Bay and Oyster Bay. 
 
 11. All that portion of water in Galveston county north of a line 
 starting from Bed 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 northeasterly direction to Mesquite Point. 
 
 12. All that portion of water in Chambers county marked on the Uni- 
 ted States coast survey chart as Turtle Bay. 
 
 Any person offending against this section shall, upon conviction, be 
 fined not less than twenty-five dollars nor more than two hundred and 
 fifty dollars, and each day shall constitute a separate offense; and in all 
 prosecutions under this section the identification of the boat from which 
 such violations occur shall be prima facie evidence against the owner, les- 
 see, person in charge or master of such boat. 
 
 Sec. 29. Any person dragging a seine on shore -ball return all fish not 
 wanted for market to the water while they are yet alive, except sharks, 
 gars, rays, sawfish and catfish. And the size of the meshes of any seines 
 used shall not be less than one and one-half inches square. Any person 
 offending against this section shall be deemed guilty of a misdemeanor, 
 and upon conviction shall be fined not less than Ten dollars nor more than 
 two hundred and fifty dollars. 
 
 Sec. 30. The United States coast survey charts numbers 203, 204. 
 205, 206, 207, 208, 209, 210, 211 and 212, covering the coast of Texas! 
 shall be evidence in all prosecutions under this act. 
 
 Sec. 31. Oyster beds shall be public and private. All those not desig- 
 nated as private shall be public. All natural oyster beds and oyster reefs 
 in the navigable waters of the State shall be deemed public. 
 
 Sec. 32. It shall be unlawful for any person to take or catch ovsters 
 from any public beds or reefs for sale or planting from the thirtieth day 
 of April to the first day of September of each year: Provided, that part 
 
14 Report of Fish and Oyster Commissioner. 
 
 of Laguna Madre west of Baffins Bay be exempted from the operation of 
 this section. Any person offending against this section shall be deemed 
 guilty of a misdemeanor, and upon conviction shall be fined not less than 
 ten dollars nor more than two hundred and fifty dollars, and each day 
 shall constit ate a separate offense. 
 
 Sec. 33. Ii shall be unlawful for any person to catch or take oysters 
 horn the public beds and reefs for sale who is not a bona fide citizen of 
 the United States and a resident and tax payer of the State. Any person 
 offending against this section shall be deemed guilty of a misdemeanor, 
 and upon conviction shall be lined not less than ten dollars nor more 
 than two hundred and fifty dollars. 
 
 Sec. 34. It shall be unlawful for any person to gather oysters with 
 tongs or otherwise from the public beds and reefs of the State for sale 
 without a. license from the Fish and Oyster Commissioner or his deputy 
 for each and every pair of tongs that shall be used on his boat, and for 
 such license he must pay to the Fish and Oyster Commissioner or his dep- 
 uty the sum of live dollars for each pair of tongs, and any person shall be 
 entitled to hold such license who is a citizen of the United States and a 
 resident and tax payer of the State of Texas. Such license shall be good 
 from day of issuance until April 30th next; such license shall be signed 
 by the Fish and < >yster ( Jommissioner or his deputy, and stamped with the 
 seal of his office, and shall state the name of applicant and date of issu- 
 ance: Provided, thai an) person holding such license in Ids own name 
 ma\ take or eatch oysters Prom any boat. Any one offending against this 
 section shall be deemed guilty of a misdemeanor, and upon conviction 
 shall hi' lined not less than ten dollars nor more than two hundred and 
 dollars, and each day shall constitute a separate offense. 
 
 Sec. 35. When oysters are gathered from the public beds they must be 
 culled and the young oysters and dead shells must be returned to the orig- 
 inal bed while tiie young ones are yet alive; and any person offending 
 against this section shall he deemed guilty of a, misdemeanor, and upon 
 conviction shall he lined not less than ten dollars nor more than two hun- 
 dred and fifty dollars for each and every offense. 
 
 ■sec. ;;<;. Any person offering for sale or who shall sell any cargo of 
 oysters which shall contain more than five per cent of young oysters shall 
 he deemed guilty of a misdemeanor, and upon conviction shall be fined 
 not less than ten dollars nor more than two hundred and fifty dollars. 
 Any oyster that measures ".", inches or less from hinge to mouth shall be 
 deemed a young oyster for the purpose of this and the preceding section* 
 
 Sec. 37. It shall be the duty of the Fish and Oyster Commissioner or 
 gal deputy, when he thinks that any cargo of oysters offered for 
 -ale contain more than five per cent of young oysters, to take as many as 
 lie may deem necessary from such cargo, cull them, and measure the 
 marketable oysters and then measure the young oysters, or those that 
 measure less than 21 inches from hinge to mouth, and ascertain to the 
 best of his ability the proportion of the young oysters to the marketable 
 oysters, and if the young oysters be in greater proportion than five per 
 cent, the cargo shall Ik 1 deemed unculled. and the owner shall be guilty of 
 the offense prescribed in section 36 of this ad. 
 
 Sec. 38. Any person who is a bona fide citizen of the United States 
 and a resident and tax payer of the State of Texas, shall have the right 
 of obtaining a local ion for planting oysters and making private oyster 
 
Report of Fish and Oyster Commissioner. 15 
 
 beds within the navigable waters of the State other than those mentioned 
 in section 40 of this act, by making written application to the Fish and 
 Oyster Commissioner or his deputy, describing the location desired. A 
 fee of ten dollars in cash must accompany such application. It shall then 
 be the duty of the Fish and#Oyster Commissioner, or his deputy, to, as 
 soon as practicable, thoroughly examine the location described with tongs, 
 dredge, or in other efficient manner, and if the same be not a natural oys- 
 ter bed or reef, and not exempted from location by any section of this act, 
 he shall mark off a space not exceeding fifty acres in area, by planting 
 four buoys, one at each of the Pour corners, which buoys must not be less 
 than twelve inches in diameter, and for which buoys and the labor of 
 placing the same the locator must pay; and the locator must fasten se- 
 curely to one or more of the buoys a notice of his location; and the Fish 
 and Oyster Commissioner, or his deputy, shall give to the locator a cer- 
 tilieate signed by such Commissioner, or his deputy, stamped with the seal 
 of his office; such certificate shall show the date of application, date of 
 survey, manner of marking, and a description by metes and hounds, with 
 a reference to the points of the compass and natural or artificial objects 
 by which the said location can he found and verified. At any time not 
 exceeding sixty days after the date of such certificate of location, the lo- 
 cator 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 hound hook kept 
 for the purpose, and the original, with a certificate of registration, shall 
 he returned to the owner or locator. The clerk shall receive for the re- 
 cording of such certificate the same fee- as tor recording deeds. The 
 original or certified copies of such certificate shall he admissible in evi- 
 dence under the same rules governing the admission of deeds or certified 
 copies thereof. Any person so locating, shall he protected in his pos- 
 session thereof against trespass thereon, in like manner as freeholders are 
 protected in their rights, so lou-' as he complies with sect ion 39 of this act. 
 
 Sec. 39. Any person who secures a location for a private oyster bed 
 shall keep the corners marked by securely anchored buoys of not less than 
 twelve inches in diameter; and lie shall further pay to the State a tax of 
 ten cents per acre for each year of the first five years he occupies such 
 location and twenty-five cents per acre for each year after the first five 
 years that he occupies such location; this tax shall he paid to the legal 
 tax collector of the county in which the location is situated, and it shall 
 be due on January first of each year, as other ad valorem taxes, and if 
 not paid before March first of the same year the locator shall forfeit all 
 rights to the location and the same shall revert to the State. 
 
 Sec. 40. When any creek, bayou, lake or cove shall he included within 
 the metes and hounds of any original grant or location in this State, the 
 lawful occupant of such grant or location shall have the exclusive right 
 to use said creek, lake, bayou or cove for gathering, planting or sowing 
 oysters within the metes and hounds of the original grant or patent of 
 said land. But if said creek, bayou, lake or cove is not included in the 
 survey of said lands, then the exclusive rights of the riparian owner shall 
 extend to the middle of said creek, bayou, lake or cove: Provided, said 
 creek, bayou, lake or cove he not more than two hundred yards in width, 
 but if said creek, bayou, lake or cove be more than two hundred yards in 
 width, then the riparian owner's rights shall extend only one hundred 
 yards from the shore. No person shall locate any water or ground cov- 
 
]ii Report of Fish and Oyster Commissioner. 
 
 ered with water for planting oysters along any bay shore in this State 
 nearer than one hundred yards from the shore, which one hundred yards 
 is declared to be the riparian right of the land owner [or planting oysters. 
 In determining such riparian right of any land owner the starting point 
 must be at high water mark or where the land survey ceases, and meas- 
 ure out into the hay one hundred yards: Provided, that should a natural 
 03'ster bed or reef be on this one hundred yards riparian reservation, the 
 land owner shall have no exclusive right to the same. 
 
 Sec. 11. It shall be unlawful for any person to take oysters from a 
 private bed or to take oysters deposited by one making up a cargo for 
 market or family use without the consent or permission of the owner 
 thereof, and any one offending any provisions of this section shall be 
 deemed guilty of theft, and upon conviction shall he punished by fine of 
 not less than fifty dollars nor more than two hundred and fifty dollars, 
 or by confinement in the county jail of not less than twenty days nor more 
 than twelve months, or by both such line and such imprisonment. 
 
 Sec. 42. In gathering oysters for market from the public oyster beds 
 or reel's it shall be unlawful for any person to use a rake or dredge. Any 
 person offending against this section shall be deemed guilty of a misde- 
 meanor, and upon conviction shall be lined in any sum of not less than 
 five hundred dollars nor more than one thousand dollars. 
 
 Sec. 43. Any person who shall wilfully deface, injure, destroy or re- 
 move any buoy or any part I hereof u^n\ to designate the corners or bound- 
 ary of any private oyster bed, without the consent of the owner thereof, 
 shall be deemed guilty of a misdemeanor, and upon conviction shall be 
 lined in any sum not less than fifty dollars nor more than two hundred 
 and fifty dollars. 
 
 See. li. \(> person, firm, or corporation shall ever own, lease, or other- 
 wise control more than six hundred and forty acres of land covered by 
 water, the same being oyster location under this act, and within the navi- 
 gable waters of this State, and any person, firm or corporation that now 
 holds six hundred and forty acres of oyster location shall not be permitted 
 hereafter to acquire, own, lease or otherwise control more: Provided, 
 that no corporal ion shall own or lease or control any such lands covered 
 by \\;iter unless such corporation shall be duly incorporated under the 
 laws of this Slate. 
 
 Sec. 45. All laws or parts of laws in conflict with this act be and the 
 same are hereby repealed. 
 
 Sec. t6. Whereas, the oyster and fish industries on the coast of the 
 State of Texas have no adequate protection, and the near approach of the 
 end of thi;- session creates an emergency and imperative necessity that 
 the constitutional rule requiring bills to he read on three several days 
 be suspended, and this hill lie put upon its third reading and final passage. 
 and it is so enacted. 
 
 An Act to amend Articles 529c, 529d, 529g, 529h, 529m, and 529n, of 
 Chapter 5, Title 13, of the Revised Penal Code of the State of Texas, 
 of L895, and by adding Articles 529s and 5291 to said Chapter 5, Title 
 13, of said Penal Code of the State of Texas, relating to offenses for 
 the protection of fish, birds and game, and to repeal all laws in. conflict 
 here wit h. 
 Section I. lie it enacted bv the Legislature of the State of Texas: 
 
Report of Fish and Oyster Commissioner. 17 
 
 That Articles 529c, 529g, 529h, 529m, and 529n, of Chapter 5, of Title 
 13, of the Penal Code of the State of Texas, of 1895, be amended so as to 
 hereafter read as hereinafter set forth, and that Articles 529s and 529t be 
 added to said Chapter 5, of Title 13, of the Penal Code of the State of 
 Texas, of 1895, as hereinafter set forth: 
 
 Article 529c. The catching of fish, green tint Le, or terrapin, in any of 
 the public- waters in the State by poison, lime, dynamite, nitro-glycerine, 
 giant powder, or other explosives, is hereby prohibited; and any person 
 offending against this article shall be deemed guilty of a misdemeanor, 
 and upon conviction shall be lined not less than twenty-live dollars nor 
 more than two hundred and fifty dollars, and each day shall constitute a 
 separate offense. 
 
 Article 529d. Any person who shall engage in the business of fishing 
 or catching green turtle or terrapin without first having procured a license 
 therefor, as prescribed in Article 2518k of the Revised Civil Statutes, shall 
 be guilty of a misdemeanor, and upon conviction shall be fined not less 
 than ten dollars nor more than two hundred and fifty dollars, and any 
 person who shall sell fish, green turtle, or terrapin, caught by drag seine 
 or set net, shall be considered as engaged in the business above named. 
 
 Article 529g. It shall be unlawful for any person during the breeding 
 season, consisting of the months intervening between April the first and 
 September the first, to catch any fish, green turtle, or terrapin, by drag 
 seine or set net, in these waters, which are hereby declared to be breeding 
 grounds for fish, green turtle, and terrapin, to-wit : 
 
 1st. All that portion of water in Cameron and Nueces counties known 
 and marked on the United States Coast Survey Chart as Baihns Bay and 
 Aqua Dulce. 
 
 2nd. All that portion of water in Nueces county lying north of the 
 San Antonio and Aransas Pass Bridge and marked on the United States 
 Coast Survey Chart as Nueces Bay. 
 
 3rd. All that portion of water in Aransas County known and marked 
 on the United States Coast Survey Chart as Copana Bay, Puerto Bay. 
 Mission Bay, and St. Charles Bay. 
 
 4th. All that portion of Lavaca Bay in Calhoun Count) North and 
 West of the line starting form the extreme East point of Gallinipper 
 Point and running in a northerly direction along Gallinipper Bar to the 
 extreme South point of Point Comfort, or sometimes called Mitchell's 
 Point. 
 
 ."nil. All that portion of water in Refugio and Calhoun Counties 
 marked on the United States Coast Survey Chart as Hynes' Bay. 
 
 6th. All that portion of water in Calhoun County north of a line start- 
 ing from the extreme point of Marsh's Point and running due east to the 
 easl bank of San Antonio Bay, and marked on the United States Coast 
 Survey Charts as Mission Bay and San Antonio Bay. 
 
 7th. All that portion of water in Calhoun County marked on the 
 United States Coast Survey Chart as Carankaway Bay. 
 
 8th. All that portion of water in Matagorda County north of a line 
 starting from the extreme point of Wells Point and running East to 
 Palacious Bayou, and marked on the United States Coast Survey Chart as 
 Turtle Bav and Trespalacious Bay. 
 
 9tb. All thai portion of wafer in Brazoria Countv marked on the Uni- 
 ted States Coast Survey Chart as Bastrop Bav and Oyster Bay. 
 
18 Report of Fish am> Oystkb Commissioner. 
 
 lUth. All that portion of water in Galveston and Harris Counties 
 North of a line starting from the extreme Southern point of lied Bluff 
 on the West bank of Galveston Bay and running in an easterly direction 
 to the first beacon south of Morgan"- Point, thence in a northeasterly di- 
 rection to the extreme point of Mesquite Point. 
 
 lit h. All that portion of water in Chambers County marked on the 
 United Stales Coast Survey ('hart, as Turtle Bay. 
 
 12th. All that portion of water in Galveston and Harris Counties 
 known as Clear Creek and Clear Lake, as far up as the C. H. cV H. K. R. 
 Bridge. 
 
 13th. All that portion of water in Chambers County starting from the 
 mouth of the Trinity River, with all adjacent channels, bayous, and lakes, 
 up said river to include Lake Charlotte. 
 
 14th. All that portion of water in what is known as [ngleside Bay or 
 [ngleside Cove, North of a line starting from the extreme western point 
 of Hatch's Peninsula, in a northerly direction to Donnel's Point on th< 
 mainland. 
 
 15th. All that portion of water lying west of a line drawn Prom the 
 northwest point of Mustang Island at the old Revetment, placed there by 
 the United States Government, to the first buoy south of the Lighthouse, 
 and continuing in same direction to the East shore of Harbor Island; 
 said body of water lies between Mustang and Harbor Islands, and is com- 
 monly known as 1 he "( Vive." 
 
 16th. AH that portion of water known as Redfish Bay in Xhicces 
 County and Aransas County, and being all that bod} of water lying west 
 of and between Shell Banks, Bird Island, Hog Island, Blackberry Island, 
 and Ransom's Island, on the East, and the mainland, on the West. 
 
 17th. All that body of water on the west shore of St. Joe Island, be- 
 ginning at a point on St. doe Island called ('ae>ar*s Point, thence in a 
 southerly direction along the middle ground to a. stake set 600 feet due 
 West of' Allyns Wharf, thence East' to the west shore of said Island. 
 thence northerly with the meanders of said west shore to the place of 
 beginning. 
 
 18th. All that body of water known as Galveston Bay. 
 
 Any person offending against this article shall he deemed guilty of a 
 misdemeanor, and upon conviction shall he fined not less than twenty- 
 five dollars nor more than two hundred and fifty dollars, and each day 
 shall constitute a separate offense: and in any and all prosecutions under 
 this article the identification of the boat from which such violation occurs 
 shall be prima facie evidence against the person or persons in charge or 
 on such boat- 
 Article 529h. Any person fishing with a drag seine or set net. tor sale 
 or market, shall return all fish, green turtle, or terrapin, of the sizes and 
 weights specified in Articles 528e, and 529f, id' the Penal Code, to the 
 water while they are vet alive, except Sharks, Gars. Ravs, and Sawfish: 
 and the sizes of the meshes of fish seines used shall not be less than one 
 and one-quarter inches square, not including the hag: and any person 
 offending asrainst this article shall be deemed guilty of a misdemeanor. 
 and upon conviction shall be fined not less than ten dollars nor more than 
 two hundred and fifty dollars. 
 
 Article 529m. When oysters are o- a ,thered as prescribed in Article 520s 
 of ibis act, from the public beds or reefs, except for planting, they must 
 
Report of Fish and Oyster Commissiomer. 19 
 
 be culled, and the young oysters and dead shells must be returned to the 
 original reef or bed while the young oysters are yet alive, and not to ex- 
 ceed ten hours from the time of taking from the water bed or reef. Any 
 person offending against this article shall be deemed guilty of a misde- 
 meanor, and upon conviction shall be fined not less than ten dollars nor 
 more than two hundred and fifty dollars for each and every offense. 
 
 Article 529s. It shall be unlawful for any person to take or gather 
 oysters from the public reefs or beds of the State for sale without having 
 first procured a license from the Fish and Oyster Commissioner or his 
 deputy. Any person offending against this article shall be deemed guilty 
 of a misdemeanor, and upon conviction shall be fined not less than ten 
 dollars nor more than two hundred and fifty dollars; and any person offer- 
 ing for sale or selling oysters who is not a regular dealer or has not pro- 
 cured a license for gathering oysters, shall be considered as gathered for 
 sale. 
 
 Article 529t. li shall he unlawful for any person gathering oysters 
 for planting on locations obtained from the State, or on private property, 
 to sell, market, or in any way dispose of oysters so gathered at the time 
 of gathering for any other purpose than planting; provided, this shall not 
 be considered as meaning the right to dispose of a location or oyster bed. 
 Any person offending against this article shall be deemed guilty of a mis- 
 demeanor, and upon conviction shall be fined in any sum not less than 
 fifty dollars nor more than five hundred dollars. 
 
 Sec. 2. Whereas, the fact that the penal laws are now inadequate for 
 the protection of the subjects of the foregoing' act. therefore, an impera- 
 tive public essity exists that this act be passed under a. suspension of 
 
 the constitutional rule requiring a bill to be read on three several days, 
 and thai it take effect from and after its passage, and it is so enacted. 
 
 See. 3. That all laws and parts of laws in conflict herewith be and the 
 same are hereby repealed. 
 
 My observation while in office has been, that while the laws requiring 
 the closed season in certain bays for breeding grounds, the restriction in 
 sizes and weights of certain fish to be marketed, the culling restrictions 
 of oysters with the closed season, and allowing only citizens of our State 
 to engage in the business, are all of the greatest importance, and would 
 prove beneficial if they could be enforced, yet certain amendments are 
 necessary for the proper execution of the above and other parts of our 
 laws. 
 
 I made efforts in 1895 to have the laws amended and partially suc- 
 ceeded, but failed in some of the most important points. 
 
 The fishermen along the coast, as a general thing, were in favor of a 
 protective law, and, with few exceptions, willingly paid their license for 
 the first two years. But as the amount paid in was not sufficient to give 
 protection to those entitled to it, there has been some dissatisfaction since. 
 
 As is shown by my report ending August 1st, 1898, the total receipts 
 was only $2,080. This divided between five deputies and myself would 
 not go very fin* towards protection. As the State has provided no facili- 
 ties for enforcing the law, and the perquisites of the office are insufficient 
 for the proper execution of same, as well as parts of the law being defect- 
 ive, the above discontent has arisen. 
 
 T am pleased to say that the majority of the fishermen along the coast 
 
20 Report of Fish and Oyster Commissioner. 
 
 have complied with the law as well as could be expected, and only where 
 badly advised have they attempted to give any trouble. 
 
 If the 28th Legislature, in its good wisdom, sees fit to make certain 
 necessary amendments to the law, so that it can be properly enforced, 1 
 think that Texas will have as good, if not the best, fish and oyster laws 
 of any State in the Union. 
 
 Respectfully submitted, 
 
 I. P. KlBBE, 
 
 Fish and Oyster Commissioner of Texas. 
 
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