OAG 77-153.

• Case Date: November 22, 1977
• Court: Oregon

Oregon Attorney General Opinions 1977. OAG 77-153. 1549OPINION NO. 77-153[38 Or. Op. Atty. Gen. 1549]November 22, 1977No. 7543This opinion is issued in response to questions presented by Robert N. Thompson, Assistant Director of the Department of Fish and Wildlife.FIRST QUESTION PRESENTEDIs it legal under present law and rules for a landowner to allow persons, not members of his immediate family and not possessing a valid angling license, to angle for legally-acquired and planted game fish species in private waters not connected to public waters or running streams?ANSWER GIVENNo.SECOND QUESTION PRESENTEDIs it legal for an innkeeper or resort operator to allow his patrons to angle in waters on his property under the same circumstances?ANSWER GIVENNo.THIRD QUESTION PRESENTEDDoes the answer to the Second Question change if the owner is duly licensed under ORS 497.228 (Wildlife Propogation License)? 1550ANSWER GIVENNo, persons angling in stocked private ponds owned by a licensed game fish propagator are subject to state angling license requirements.FOURTH QUESTION PRESENTEDIs a person who legally purchases crawfish larvae or freshwater prawn larvae (a shellfish not found in state waters) required to procure commercial licenses and pay a poundage tax on shellfish raised only in enclosed tanks, not connected to public waters of the state?ANSWER GIVENSuch a person is required to obtain the licenses required by ORS 508.025(1); 508.035(1) (a), (b), (c) and (d); 508.505(1)(g); and maintain records required by ORS 508.535 when engaged in activities covered by those sections. DISCUSSION The Oregon legislature has established a comprehensive system regulating the taking of wildlife in Oregon. This system includes a general licensing requirement applicable to all persons angling for any fish, unless the angler falls within one of four categories excluded from the angling license requirement. Specifically, ORS 497.075 provides in relevant part:

"(1) Except as provided in subsections 2, . . .no person shall angle for, . . . any wildlife unless he has in his possession such valid licenses, tags, and permits therefore as the commission issues.

"(2) An angling license is not required:

"(a) . . . .

"(b) . . . .

"(c) Of a resident person to angle on his own land. . .[Except that a tag is required for steelhead or salmon].

1551

"(d) Of a

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