REPOR?T

ON

THE COAST FISHERIES OF TEXAS

BY

[. P.GRIBBE,

STATE FISH AND OYSTER COMMISSIONER.

AUSTIN:
VON BOECKMANN, MOORE & SCHUTZE, STATE CONTRACTORS.
1898.

REPORT

THE COAST FISHERIES OF TEXAS

BY

_ I. P. KIBBE,

STATE FISH AND OYSTER COMMISSIONER.

AUSTIN:
VON BOECKMANN, MOORE & SCHUTZE, STATE CONTRACTORS.
1898.

REPORT

OF

STATE FISH AND OYSTER COMMISSIONER

THE FISHERIES OF TEXAS AND THEIR IMPORTANCE.

From reports of the U. 8. 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.

ee nes Tare Vices ss ve erreniors sad ag RS SS dip Sgt 94
Pel veenOry Sarva TID ULATICS Baru ace ka ehrea ad + wo tale ena ses eho: 565
Manasorda bay S00 GlOULArieie gees ss acnes ye ac eee o es se ea4 140
Hepercin mano Bay and tribuparies.....ek++6%-e¢5e-rs a. 0232508 61
Panui rOni aay ANG iE DULATIOS: gets.cfa cae Sivau.t equate soe 4 s Meee 129
MCSE Pay aid PUI PULATIOS «oir a ee << gies wa eRe peace ™ wy 4+ 9He > 28
mEmndeindy amd TIDUGATIOS . Meee ti ak aes wees egrets 6 eee eed 163
ors Christ Bay and tributdmed: ne iais vn ean nae meee. s kK es ts 185
Eaegee Madre Bay and tributariesics occ 2- one Geen eee eee ee he 81

Be ee Mie Si os S| x « GA ead! wo ees 8 ale amare s+ 6 coma 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-

4 Revorr ov Fish anp Oyster COMMISSIONER.

head, while Spanish mackerel, pompano, jack-fish, flounder, blue-fish,
croakers, whiting, rock-fish, and bass are caught in limited quantities
during the different seasons.

OYSTERS AND OYSTER-CULTURE IN 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 1890 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 malic ‘ously destroyed by persons opposed to the en-
terprise. The fact that oyster-beds in the same bay, less than 10 miles
from this bed, 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 as 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 w ay grow much larger,
fatten sooner, and bring much better prices in the market.

The Tiger Island Oy ster Company, of Port Lavaca, Texas, planted over
4,000 barrels of sced oysters in March, 1897, and in November these oys-
ters were in fine 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 for years. he price of transplanting being less than
15 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-
ster and market fe

Tt is claimed by some that oysters will grow 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 theory
altogether. Food supply, as well as a limited amount of fresh water,
are neccessary elements. While they i well on some mud bottoms, on
others they die as quickly as on sand. \ 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.
Tf any great change is neccessary, it will be found that the young oysters
will stand it much better than the crown.

Regarding the best artificial bottoms and collectors, I would say that
these depend entirely upon the original bottom. Tf in deep mud and
but little or no current or sea, brush, brush mats, old shoes, and leather

Report or Fisu And OysTreR 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 hard bottom oys-
ter shells are considered the best and Esa pect 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 ce rain,

Many inquiries are made as to the maturity of a marketable oyster.
Under favorable circumstances some mature in — 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 conchs.

Our present law gives to any citizen of the State the right of locating
as much as 50 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 OYSTER 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.

SSCL 0) cn ce ain oe ee mae ee 0 ac 1
Ae OMAN an: gc sree de + > MRM teas be hy A pee dos oa 50
MMe che cb es ase cow ~ RR Sin ee res wa ees 3S os 45
Brera AA POTIAG) SEs Ae 4c, Ecos bw « ee ay GOP cred Bo ME es Sa ard 8 1
PSO PLUM OUT BDAY ak cok fo. - REO 2 guatei en « weed Gee woh + +2 ¢ 9 6
BCLS Wee tes Stae-e<te-pcle yas « Me eee aia wi 5 I oe » Goa,5 3
PHS We eee eae ee Ge. + MNS ow SM mS 5 a Ses 15
ReDim OUISEL SA iade con's 54S = « eam tye D Na aya (mln ete Sa Celene wed Ti 15)
DRAPE: pho eg yrks s « Ee ou Bibel sa Mae Fed sms 5 3

RC Mee yee ss... » See cis 2) rng Se eee ea 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 there have been many new reefs 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 as the natural

6 Revorr oF FisH AND OysTER COMMISSIONER.

erowth, 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 cent of this class of beds have been injured by cold. Henee,
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 this means the shallow beds or reefs would be deepened and
spread, thus increasing the marketable oysters.

At present there is decre ase in marketable oysters, yet a marked in-
crease in inferior 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 State has been a menace to the trade and detrimental to the growth
of the industry. Dredges could be used with good results in many in-
stances; not only w here 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 also an inducement for capital to be invested in this indus-
try. Many States with not one-fourth of the natural product are doing
a much larger business in this line than Texas.

Tt 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 pene 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 in better condition for marketing; for in taking

the oysters for planting purposes, the inferior ones can be 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 the catching of turtle was a growing industry in our
State, there being five or six turtle canneries, besides large = shipments of
live turtle. At present there is but one canning establishment, and even
this has a very limited trade. Also, the shipments of live turtle are but
few, the decrease being caused by the seareity of turtle found. This
scarcity is largely due 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 they are taken to market by the wagon load. ‘Thus
one man is enabled to eatch 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 or Fish anp OysrerR COMMISSIONER.

~

but also her eggs, 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, ete.

In former years there was a good supply in the ie 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 cents
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 Christi; yet a limited sup-
ply of small shrimp may be found in most of the bays. 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 seasons hundreds of sports-
men from all parts of the United States come to our coast towns. Here

g Reporvr or Fisu AND OysreER COMMISSIONER.

they procure the necessary apparatus. The following is considered a
tarpon tackle, and the cost of same: One 8-foot rod, costing from $6.00
to £15.00; one 200 vards line, costing from $3.75 to $6.00; one leader, cost-
ing from 75 cents to $1.25; one reel, costing from $8.00 to $25.00; one
gaft hook, costing $1.50. Total, $20.00 to $48.75. Hence about $35.00
for an average tackle.

The fishing i is generally done from a skiff, in the current near a pass
or channel, as these places are 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 for 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 great benefit to
our State.

THE PORPOISE.

This mammal is found in reasonable quantities along the entire coast.
On account of his great strength, speed, and little value, he has never
been caught exclusive ely. 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.

THE FRESH WATER STREAMS.

While writing on the fisheries of Texas, I cannot refrain from making
a few 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 use of explosives only such fish as are immediately
lalled and float to the surface at 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 hest variety of bass and perch, while some of the larger
streams would grow cat-fish, buffalo, ete. As the United States govern-
ment has established a fishery within our State, at San Marcos, where a
reasonable supply of stock fish can be had, there is no reason why every

Reporr oF Fish AND OysTER COMMISSIONER. 9

county bordering on a stream should not stock a portion 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 ‘l'exas would
abound in fish within a few years.

By this means the food supply would not only be increased for those
who really need it, but also it would offer sport 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
stockraiser, regardless of their political views; and I hope that in the near
future it will be adopted throughout the State.

To operate any system successfully there must be a head, even so in
this case; 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.

FISH 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 State 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 fill 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. He must be 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.

See. 4. The Fish and Oyster Commissioner shall file with the Secre-
tary of State a good and sufficient bond, to be 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 preseribed 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 be void on the first recovery,
but may be sued on from time to time in the name of the State or any
person injured until the whole amount has been recovered.

See. 5. The said Commissioner shall have a seal, a star with five
points, with the words, “Fish and Ovster Commissioner of Texas.”

Sec. 6. 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.

See. 7. It shall be the duty of the Commissioner to inspect all fish.

10 Report or Fisu AND OystreR 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 appleations 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 seime or set net licenses; if granted, the num-
ber and length of such seine or nets; if not granted, the reason for re-
fusal.

5. All applications for tong licenses; if granted, the number; if not
eranted, the reason for refusal.

6. All amounts received for fees and licenses, from whom received,
and what disposition was made of such amounts.

7. All amounts of all fines collected, for what purposes collected, and
what disposition was made of such amounts.

8. These records shall be public records and admitted as evidence, as
preseribed in article 2552, Revised Civil Statutes of Texas.

Sec. 9. ‘Phe Commissioner shall make, upon the 30th day of June of
each year, a report to the Governor of the fish and oyster trade of the
‘Texas coast. It shall contain:

1. The name and class of all boats engaged in the oyster and fish
trade.

2. The munber, acreage, and place of location of all private oyster
heds.

3. ‘The number of seine and set net licenses issued during the year.

4. The number of tong leenses issued during the year.

5. ‘The amounts for all fees received, and for what service.

6. The amounts of all fines collected during the year.

Observations and remarks.

The Fish and Oyster Commissioner shall have until October Ist to
inake such report, and failing to make such report within the time speci-
fied he shall be 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 ‘antedic ‘tion,

Sec. 10.) The Fish and Ovster Commissioner shall fer his services be
allowed all fees for locating private oyster beds, all fees colleeted for l-
censes for seines, set ne ts, and tongs. He shall be allowed owt 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 any event receive for lis services a
sum in excess of eighteen hundred dollars per annum: and the deputy
fish and oyster commissioners shall ‘capt for their services a sum not to
exceed six hundred dollars per annwn, 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 rene as provided in section 11 of this act; Provided
further, that the State shall not be liable in any sum for the services of
such Craretetne | or any of his deputies.

Sec. 11. All the money derived by the State from fines for infraction
of the fish and oyster laws, fees for licenses, and taxes on private oyster

Revorr or Fisu anp Oyster COMMISSIONER. id

beds, shall be kept by the Comptroller separate under the head of “Fish
and Oyster Fund.”

Sec. 12. All moneys derived by counties from fines for infraction otf
the fish and oyster laws, fees, taxes, etc., shall go to the general fund of
the county.

See. 13. Of all fines collected for infraction of the fish and oyster laws
ten per cent shall go to the prosecuting attorney, and one-fourth shall go
to the informer, and one-half of the residue shall go to the fish and oyster
fund of the State, and the other 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 10 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 halt
to be paid into the general fund of the county in which such licenses were
issued,

See. 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 Oyster Commissioner.

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 facts as are provided in section 9 of this
act.

See. 17. Each deputy fish and oyster commissioner shall exercise the
duties of his office in and for the county from which he was appointed.

See. 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 sheriff's costs and fees.

See. 21. The Commissioner shall be responsible, on his bond, for the
official acts of his deputies.

See. 22. It shall be unlawful for any person to catch fish, green turtle
or terrapin in the bays or coast waters of this State bv drag seimes or set
nets, except as provided for in this act.

See. 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. 24. Any person wishing to engage in the business of fishing or

12 Report or Fisu aAnpd OysreER 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 he is a citizen of the United States and a resident and tax payer
of the State of Texas, and stating also the name and class of his boat, the
number and length and class of nets to be used, and he shall receive a
license authorizing such person to engage in such business. Such license
must be signed by the Fish and Oyster Commissioner or his deputy, and
must be stamped with the seal of his office, and it shall state:

1. The name of applicant, and his place or residence.

2. The name, class and place of registry of his boat.

3. ‘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 this 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 per 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 seine 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 “F. &
QO. C.” stamped thereon. ‘

See. 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 five hundred dollars.

Sec. 26. It shall 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. Tt shall be unlawful for any person to sell or ship any green
turtle of less than twelve pounds in weight, or terrapin of Jess than six
inches in length of under shell; or to catch or sell any terrapin from the
first day of May to the first day of August. 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.

See. 28. It shall be unlawful for any person during the breeding sea-
son, 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 for
fish, green turtle and terrapin, to-wit :

1. All that portion of water in Cameron and Nueces counties lying
west 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 Nueees county lying north of the San
Antonio and Aransas Pass railroad bridge, and marked on the United
States coast survey chart as Nueces Bay,

3. All that portion of water in Aransas county north of a line start-
ing from the town of Lamar and running south to the north end of Goose

Report or Fisu AND OvystTeER COMMISSIONER. its

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 U nited States coast sur vey 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 bank of said bay,
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 coast surv ey -chart as, Turtle Bay and 'Trespalacious
Bay.

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 Red Bluff on the west bank of Galveston Bay and running
im 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 shall 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.

See. 31. Ovster beds shall be publie 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 oysters
from any public beds or reefs for sale or planting from the thirtieth day
of April to the first dav of September of each year: Provided, that part

14 Report oF Fisu AND OysTER COMMISSIONER.

of Laguna Madre west of Baflins 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 constitute a separate offense.

Sec. 33. It shall be unlawful for any person to catch or take oysters
from the public beds and reels 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 fined not less than ten dollars nor more
than two hundred and fifty dollars.

See. 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 five 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 lieense shall be signed
by the Fish and Oyster Commissioner or his deputy, and stamped with the
seal of his office, and shall state the name of applicant and date of issu-
ance: Provided, that any person holding such license in his own name
may take or catch oysters from any boat. Any one 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 constitute a separate offense.

Sec. 55. 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 the young ones are yet alive; and any person offending
against this section shall be deemed eulty of a misdemeanor, and upon
conviction shall be fined not less than ten dollars nor more than two hun-
dred and fifty dollars for each and every offense.

sec. 36. 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
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.
Any oyster that measures 24 inches or less from hinge to mouth shall be
deemed a young oyster for the purpose of this and the preceding section.

See. 37. Tt shall be the duty of the Fish and Oyster Commissioner or

his legal deputy, when he thinks that any cargo of oysters offered for
sale contain more than five per cent of young oysters, to take as many as
he may deem necessary from such eargo, cull them, and measure the
marketable oysters and then measure the young oysters, or those that
measure less than 24 inches from hinge to mouth, and ascertain to the
best of his aed 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 be deemed unculled, and the owner shall be cuilty of
the offense prescribed in section 36 of this act.

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 location for planting oysters and making private oyster

Reporr or Fisu AND OystreR 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 Lapplication. 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 four 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-
tificate signed by such Commissioner, or his deputy, stamped with the seal
of his office; such certificate shall show the date of appheation, date of
survey, manner of marking, and a description by metes and bounds, with
a reference to the points of the compass and natural or artificial objects
by which the said location can be found and verified. At any time not
exceeding sixty days after the date of such certificate of location, the lo-
-ator 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 re-
cording of such certificate the same fees as for recording deeds. The
original or certified copies of such certificate shall be admissible in evi-
dence under the same rules governing the ares of deeds or certified
copies thereof. Any person so locating, shall be protected in his pos-
session thereof against trespass thereon, in like manner as freeholders are
protected in their rights, so long as he complies with section 39 of this act.

Sec. 39. Any person who secures a location for a meine oyster bed
shall keep the corners marked by securely anchored we s of not less than
twelve inches in diameter; and he 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 sh all be 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.

See. 40. When any creek, bayou, lake or cove shall be inciuded within
the metes and bounds of any original grant or location in this State, the
lawful ee 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 bounds 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
ereek, bayou, lake or cove be 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-

16 Rerporr oF Fish anp OystTER 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 for 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 bay one hundred yards: Provided, that should a natural
oyster bed or reef be on this one hundred yards riparian reservation, the
land owner shall have no exclusive right to the same.

See. 41. 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 be 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 fine and such imprisonment.

Sec. 42. In gathering oysters for market from the public oyster beds
or reefs 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 fined in any sum of not less than
five hundred dollars nor more than one thousand dollars.

Sec. 48. Any person who shall wilfully deface, injure, destroy or re-
move any buoy or any part thereof used 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 convietion shall be
fined in any sum not less than fifty dollars nor more than two hundred
and fifty dollars.

Sec. 44. No 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 corporation shall own or lease or control any such tands covered
by water unless such corporation shall be duly incorporated under the
laws of this State.

Sec. 45. All Jaws or parts of laws in conflict with this act be and the
same are hereby repealed.

Sec. 46. 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 this session creates an emergency and imperative necessity that
the constitutional rule requiring bills to be read on three several days

be suspended, and this bill be put upon its third reading and final passage,
and it is so enacted.

An Act to y amend Articles 529c, 529d, 529g, 529h, 529m, and 529n, of
Chapter 5, Title 13, of the Revised Peni Code of the State of Texas,
of 1895, or by adding Articles 529s and 529t 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
herewith.

Section 1. Be it enacted by the Legislature of the State of Texas:

Reporr or Fisu anpd OystTER COMMISSIONER. ib

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 turtle, 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 fined not less than twenty-five 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 52¢ g. 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 :

Ist. All that portion of water in Cameron and Nueces counties known
and marked on the United States Coast Survey Chart as Baffins 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 County North and
West of the line starting form the extreme Hast 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
Pomt:

5th. All that portion of water in Refugio and Calhoun Counties
marked on the United States Coast Survey Chart as Hynes’ Lay.

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
east bank of San Antonio Bay, and marked on the United States Coast
Survey Charts as Mission Bay and San Antonio Bay.

?th. 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 Bay and Trespalacious Bay.

9th. All that portion of water in Brazoria County marked on the Uni-
ted States Coast Survey Chart as Bastrop Bav and Ovster Bay.

18 Report oF FisH AND OySTER COMMISSIONER.

10th. 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 nor theasterly di-
rection to the extreme point of Mesquite Point.

11th. All that portion of water in Chambers County marked on the
United States Coast Survey Chart 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 G. H. & H. R. 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.

l4th. All that portion of water in what is known as Ingleside Bay or
Ingleside Cove, North of a line starting from the extreme wv estern point
of Hateh’s Peninsula, in a northerly direction to Donnel’s Point on the
mainland.

15th. 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 buoy south of the Lagi
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 the “Cove.”

16th. All that portion of water known as Redfish Bay in Nueces
County and Aransas County, and being all that body of water lving west
of and between Shell Banks, Bird Island, Hog Island, Blackberry Island,
si Ransom’s Island, on the East, and the mainland, on the West.

7th. All that body of water on the west shore of St. Joe Island, be-
Pesine at a point on St. Joe Island called Caesar’s Point, thence in a
southerly direction along the middle ground to a stake set 600 feet due
West of Allyn’s 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 be deemed guilty of a
misdemeanor, and upon conviction shall 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 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, for sale
or market, shall return all fish, green turtle, or terrapin, of the sizes and
weights specified in Articles 528e, and 529f, of the Penal Code, to the
water while thev are vet alive, except Sharks, Gars, Rays, 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 bag; and 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.

Article 529m. When oysters are gathered as prescribed in Article 529s
of this aet, from the public beds or reefs, except for planting, they must

Report oF Fiso ann 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. It shall be 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 necessity exists that this act be passed under a suspension of
the constitutional rule requiring a bill to be read on three several days,
and that 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 sue-
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 Ist, 1898, the total receipts
was only $2,080. This divided between five deputies and myself would
not go very far 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

ive : aes at!

iwy fy ;
20 Reporr oF Fisu Axp O rs

iz have complied with the law as well as c

ee advised have they attempted to gir

7 le if the 28th Legislature, in its good w

+ ee amendments to the law, so that it ¢

think that Texas will have as good, if not the

_ of any State in the Union.
. | Respectfully nite

q 1 va i. >

. Fish and ore Commis