48-68
Game and Fish
Cite as N.D. Op. Att'y Gen. 48-68
OPINION
48-68
July 24, 1948 (OPINION)
GAME AND FISH
RE: Commercial Fishing License
Re: Sections 20-0301, 20-0302, and 20-0314 of the 1948 Revised Code.
Your letter of July 22 re the license for commercial
fishing of a person exempted from the requirement of procuring a
general fishing license has been received and come to my desk.
Section 20-0301 provides for a fishing license. Section 20-0302
specifically exempts certain persons from the necessity of procuring
license. Section 20-0314 provides for the issuance of a commercial
fishing license to holders of general licenses.
It is our opinion that the person who is exempted from the
requirements of having a general license is eligible to receive a
commercial license. Otherwise a person who may lawfully fish in
certain restricted areas would not be allowed to fish there for
commercial fish without paying more for the privilege than some one
not within the exemption and holding a general license.
Therefore, it is our opinion that the person exempted from the
general license may procure a commercial license for fishing in the
restricted area in which he may fish without a general license.
P.O.SATHRE
Attorney General