OAG 40-9.

• Case Date: July 10, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-9. 11OPINION NO. 40-9[20 Or. Op. Atty. Gen. 11]Game commission has authority to close part of an open season leaving the remainder open. Commission may reduce the bag limit for pheasants and forbid taking hen pheasants. Commission may specify the date on or after which it will receive applications for special hunting tags and treat all received prior thereto as having the same status, and arrange an equitable way of selecting those to be issued.July 10, 1940.Oregon State Game Commission.Gentlemen: By your letter of July 3, 1940, you call attention to section 39-307, Oregon Code 1935 Supplement, as amended by chapter 250, Oregon Laws, 1939, fixing open seasons on various game animals and game birds, with especial reference to the general open season on pheasants from October 15 to October 31 in each year, and particularly to the following provision contained in paragraph (j) thereof:

"(j) * * * and provided further, that nothing herein contained shall be construed so as to authorize the game commission to provide an open season inconsistent with this section."

You ask:

"Would it be within the authority of the commission to make a partial closure, leaving the season open for about eight or ten days within the fifteen-day period specified by the legislature?"

My answer to your question is in the affirmative. Said paragraph (j) also contains the provision:

"Whenever the state game commission shall deem it advisable for the purpose of preserving or protecting any of the game birds or game animals in this section mentioned, the game commission may by order declare a closed season in any county of the state of Oregon for the game bird or birds or game animal or animals named in such closing order; provided that said order shall state definitely the period of time covered by such closing; * * *."12Thus it is noticed that while the commission may not provide an open season inconsistent with the provisions of said section, it may close any open season or part thereof set forth in said section, stating the period of time covered by such closure. Paragraph (e) of said section, after fixing the open season for Chinese pheasants, provides:

"* * * Bag limit for Chinese pheasants shall be four (4) of such birds in any one (1) day, or eight (8) such birds during any seven (7) consecutive days;

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