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Show II ATTORMEV-GENEHAL l Owners of Private Fish Ponds II Have Tlicir Righls Proi-ffi Proi-ffi crly Set Out. r " V CLOSED SEASON IAW - . DOESN'T BEAR ON CASE , JResfaunuiLs May Dispose of J Such Fish Wifhont a Special License. r i . r .. '. Tho owners o private fish ponds in :'. v Utah mny soli tho fish from such ponds ; ' to the public the year round, and resf jiurants purchasing-such" . fish may y dispose of them to their patrons with- out taking out any special license, ac-C ac-C cording to au opinion handed down on "' this subject "Wednesrhiy by M. A. Brcedeu, Attpnioj'-Gcnernl of the I Stale. The Attorncy-Gonqral declares in the opinion that tho law bearing on the closed seaeou for fishing and soiling certain kinds of fish docs not apply to the fish taken from private ponds. "When a dealer soils theso fish, how-over, how-over, he is required 1o make out dupli-, dupli-, cntc stnting what kind of a fish ho "t has sold on shipping to tho purchaser j of the fish, and the other to the chief fish and gaino warden of the State, to ; bo used in case tho latter -wishes to examine and identify tho fish. ., Tho Attorney-General's opinion is J. ns follow?, and was handed down at .i tho request of II. B. Cromav, State fish V and game warden of this Stnto: The Opinion. Ht' I hep: to acknowledge the receipt of 1!' your communication of tho fith Inst., In t which you express r desire to bo advised JA aa to the proper Interpretation of Hectlon - k 12 of t lie llsh and game lav.-, relating lo it J.I10 selling of fish propagated and raised i i in private ponds. 1 : In o far as material here, this sec-t sec-t j tlon reads as follows: "It Is m t furtlior provided that any kind of trout It ' . propagated and raised in private ponds CJ ( situated in this State, may be sold or exposed for sale at any time. It ' is further provided that tho owner or I , " owners ot snid private fish ponds, as well ' ns vendors of such fish, shall, before Hcll-l Hcll-l Ing any fish from said ponds, procure j from the County Clerk a separate license to sell fish from said private ponds, which, likewise, shall be non-assignable. . and the pond owner or owners idiall mnku n, out and sign a certificate of salo or trans-'llp- fer in duplicate for each consignment of 'Mfi such fish sold from such private ponds. ; and shall deliver said certificate in dupll- ' . cate at the time of sale, as follows, toxvlt: j. One duplicate thereof to the. buyer, who BI ' must produce It for inspection upon any Qf request; and the other duplicate to the ' chief fish and same warden for his use , as a means of Identification." 1 Oan Sell Any Time, ill? ' It will be observed that what Is known r i, ' , as the closed season for fishing and the selling of certain classes of fish within ; - tho prescribed time does not apply lo the I ' r owners of private llsh ponds. Such L ' i i i - owner or owners may lawfully sell fish I w" '. propagated and raised in private ponds !, ' at any and all seasons of the year, pro-I pro-I 1 1 vided a llrense has been applied for and r : ; obtained for such purpose. The purpose I ' .: a of requiring a license was to provide X 1 -, ' some method for tho Identification of fish L i ' sold In tho public market or to private ' , : parties, ho as to determine whether they r J v .4&tlJ l)een propagated and raised from prl-f prl-f "'' " ; vHto ponds In accordance with the pro-i. pro-i. viaions of section 12, or whether such fish Hij, ,t had been caught from tho public streams m- ' in vlolntlon of the lnw. B.' " The license- required. In my opinion, alii al-ii though It Is somewhat ambiguous, was m ' only Intended to apply to the owner or 1 owners of these private ponds or to any-IL any-IL k ono selllhg- fish. In the first Instance, from H ' such private ponds. The certificate and U 1 .- duplicate provided ifor, to bo delivered by II the seller to the purchaser and to the If chief llsh and game warden, must bo oxe-lt oxe-lt ' 1 cuted and delivered by the owner or own-Ik own-Ik ' ' ors or tho sellers of these llsh, In the ' ' first instance, from theso prlvato ponds. II Vhere this is done the law is satls- Kfi1 " v Fish markets and restaurants supplied Vh with fish from private ponds by the II- R ; censed owner or owners do not come Ur - within the meaning of tho provision of BT. 1 1 this section and are not required to take fAfe ' out a license to sell said fish or to fur- lx J .nlsh them to their patrons, and you arc' Tl ' , advised In accordance herewith. |