OAG 40-86.

• Case Date: October 17, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-86. 95OPINION NO. 40-86[20 Or. Op. Atty. Gen. 95]Failure of crab licensee to file catch report and pay fees within time provided by statute not sufficient grounds for refusal of renewal of license or issuance of new license for the taking of commercial or food or shell fish, unless licensee has been previously convicted within state of violation of provisions of act relating to commercial fishing or attempting to violate same, in which case no new license shall be issued during any portion of the remainder of the license year in which such conviction was had.October 17, 1940.Mr. M. T. Hoy, Master Fish Warden.Dear Mr. Hoy: Under date of September 23, 1940, you request my opinion and interpretation of subsection (f), section 40-518, Oregon Code 1935 Supplement, as amended by section 1, chapter 99, Oregon Laws, 1937, in its application in light of the following circumstances as outlined:

"An individual holds a crab license and after the expiration of the license year, when applying for a renewal of said crab license or making application for some other license for the taking of commercial food or shell fish, submits a report as provided in section 40-519, Oregon Code 1935 Supplement. Such report, however, is not accompanied by the additional fees in accordance with the provisions of paragraph (f) above referred to; whereupon this office returns said catch report with the request that it be returned together with remittance covering such additional fees as may be due thereon. After some time has elapsed and the report is not received with remittance, complaint is issued for failure to file report, the defendant coming in with the defense that he did on such and such prior date file catch report with fish commission, which was returned to him with the request that the additional fees due be paid and the report, together with such remittance, be resubmitted.

"Does the submission of catch report in the manner above outlined, same

96 not being accompanied by remittance covering additional fees, in your opinion constitute a compliance with section 40-519, Oregon Code 1935 Supplement, or paragraph (f) above referred to?

"Should your answer in the above instance be in the negative, would the failure of such licensee to file the catch report referred to and pay the fees required

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