49-69
Game and Fish
Cite as N.D. Op. Att'y Gen. 49-69
OPINION
49-69
April 9, 1949 (OPINION)
GAME AND FISH
RE: Definition of "Take"
Re: Section 20-0709 1947 Supplement
Your letter of April 7, re the above, has come to my desk.
It is my opinion that the word "take" referring to the taking of game
as used in the above section, means to have the animal dead and in
manual possession. To have an animal caught in a trap is not, in my
opinion, the taking of the animal. It must have been killed while in
the trap or snare, or cornered in some way. In my opinion, the
intent of this law is to prohibit the killing of the animal by
shooting, even though it is caught in a trap.
WALLACE E. WARNER
Attorney General