ORS 506.610
When possession prima facie evidence of taking fish unlawfully

(1)

The possession or custody of food fish on, near, adjacent to or in the vicinity of any waters of this state, during the closed season on such waters, is prima facie evidence that such fish were unlawfully taken during the closed season on such waters.

(2)

In all cases where such possession or custody by accused persons on, near, adjacent to or in the vicinity of any of such closed waters is proven, the burden of proof is shifted to the persons found having such possession or custody, to establish that the fish were lawfully taken during an open season and from waters from which it was at such time lawful to take such fish. [Amended by 1965 c.570 §45]

Source: Section 506.610 — When possession prima facie evidence of taking fish unlawfully, https://www.­oregonlegislature.­gov/bills_laws/ors/ors506.­html.

Notes of Decisions

Evidence that defendant came over The Dalles Bridge from Washington in pick-up with bag containing two salmon and a steelhead did not permit inference under this section that fish were unlawfully taken from Oregon waters. State v. Dave, 45 Or App 633, 608 P2d 1225 (1980)

Law Review Citations

26 EL 355 (1996)

506.001
Contents of commercial fishing laws 506.006
General definitions 506.011
Types of marine life defined 506.016
“Salmon” defined 506.025
“Unlawful to buy” defined 506.028
“Conservation” defined 506.031
Effect of wildlife laws on commercial fishing laws 506.036
Jurisdiction of commission 506.045
Fishing rights of treaty Indians not affected 506.050
Federal and state fish cultural operations and scientific investigations 506.109
Food fish management policy 506.119
General duties and powers of commission 506.124
Hatchery practice rules 506.129
Establishing seasons, amounts and manner of taking food fish 506.136
Commission to study and classify food fish and fishing gear 506.142
Authority of Fish Division 506.147
Record keeping regarding food fish commerce 506.154
Duties of director 506.201
Powers of commission in regard to real property 506.211
Acquisition of fish, eggs and larvae for certain purposes 506.213
Coho and chinook salmon hatchery on Oregon coast 506.214
Hatchery Construction Fund 506.215
Maintaining hatcheries in adjoining states 506.220
Erecting markers of closed waters 506.226
Use of electric shock to take adult salmonids for private hatchery permittees prohibited 506.231
Public report of fish hatchery activities 506.241
Commercial fishing vessel fleet reduction program 506.306
Collecting moneys under commercial fishing laws 506.316
Payment of commission expenditures 506.321
Acceptance and use of gifts of money and property to commission 506.405
Powers of commission regarding federal aid for fish and fisheries 506.450
Definitions for ORS 506.450 to 506.465 506.455
Policy 506.460
Developmental fishery species harvest programs 506.462
Review of denial of applications 506.465
Developmental Fisheries Board 506.501
Jurisdiction and authority to enforce commercial fishing laws 506.506
Intent of ORS 506.511 and 506.516 506.511
State police to enforce commercial fishing laws 506.516
Employment of deputy fish wardens by commission 506.518
Appointment of special deputy fish wardens 506.521
Enforcement of commercial fishing laws 506.526
Peace officer powers of director, inspectors and deputies 506.531
Arrests, searches and seizures made on Sunday 506.535
Jurisdiction of courts over commercial fishing law violations 506.540
Payment of rewards 506.550
Search by peace officers to enforce commercial fishing laws 506.555
Issuance of search warrants 506.560
Nonliability of peace officers enforcing commercial fishing laws 506.605
Naming place of offense in complaint, information or indictment 506.610
When possession prima facie evidence of taking fish unlawfully 506.620
Inspections by director or agent 506.625
Compelling testimony in commercial fishing law enforcement proceedings 506.635
Execution for payment of fines and costs 506.690
Seizure, forfeiture and disposition of fish unlawfully taken 506.695
Seizure, forfeiture and disposition of fishing gear and vehicles used unlawfully 506.700
Return of seized property 506.720
Suit for damages 506.750
Policy for ORS 506.755 506.755
Fisheries Conservation Zone 506.800
Names for marketing certain fish and shellfish 506.895
Person aiding in commercial fishing law violation punishable as principal 506.898
Tillamook Bay Clam Advisory Committee 506.991
Criminal penalties 506.995
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 506.610’s source at oregon​.gov