Montana Attorney General Opinion 16-90

Opinion No. 90. Fish and Game-Salmon Eggs. HELD: Chapter 200, Laws of 1935, does not give the State Fish and Game Commission authority to per- mit the use of salmon eggs as fish bait. Mr. J. W. Carney State Game Warden The Capitol April 26, 1935. This will acknowledge receipt of your letter of April 16, in which you ask us to advise you if Chapter 200, Laws of Montana, 1935, gives the State Fish and Game Commission au- thority to permit the use of salmon eggs as fish bait. Nothing that is said in Chapter 200, supra, either expressly, or by neces- sary implication, repeals or amends Section 3694, R. C. M. 1921, as amended by Chapter 162, Laws of Montana, 1931, which provides: "That from and after the twentieth day of May, 1931, it is hereby made unlawful for any person, persons, firm or cor- poration to sell or have in their pos- session, any salmon eggs or salmon spawn, or any limitations thereof,.or substance prepared therefrom, and it shall also be unlawful for any person or persons to use in any of the waters of this State any salmon eggs or other fish spawn, or any limitation or sub- stance prepared therefrom, as a fish bait or fish lure." This being true, your question must be answered in the negative. (State v. Board of Commissioners, Cascade County, 89 Mont. 37, 296 Pac. 1; Nich- ols v. School District No.3 of Ravalli County, 87 Mont. 181, 287 Pac. 624; London Guaranty & Accident Com- pany v. Industrial Accident Board, 82 Mont. 304, 266 Pac. 1103; Ex parte Naegele, 70 Mont. 129, 224 Pac. 269.)