Prohibited activities during closed season
Source:
Section 509.011 — Prohibited activities during closed season, https://www.oregonlegislature.gov/bills_laws/ors/ors509.html
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Notes of Decisions
Evidence that defendant came over The Dalles Bridge from Washington in pick-up with bag containing two salmon and a steelhead was insufficient basis for jury to find that fish were unlawfully taken from Oregon waters. State v. Dave, 45 Or App 633, 608 P2d 1225 (1980)
This section, though outside Criminal Code, requires culpable mental state and is therefore punishable as criminal offense. State v. Smith, 51 Or App 223, 625 P2d 1321 (1981), Sup Ct review denied
Where wholesaler defendant bought illegally caught fish sold by police officers, that police sold fish did not make fish legal. State v. Wood, 71 Or App 126, 691 P2d 116 (1984)
It was not plain error for trial court to exclude evidence to show infringement of religious practices where defendant, member of Confederative Tribes of Siletz Indians, was charged with salmon fishing out of season. State v. Berry, 76 Or App 1, 707 P2d 638 (1985)
Three requirements that state must prove before it may assert jurisdiction over Indian treaty fishers at usual and accustomed sites are that: 1) regulation is reasonable and necessary conservation measure; 2) application of specific regulation to treaty fishers is necessary in interests of conservation; and 3) regulation does not discriminate against treaty fishers. State v. Jim, 81 Or App 177, 725 P2d 365 (1986), Sup Ct review denied
Culpable mental state for criminal liability for constructive possession of fish under this section is “knowledge.” State v. Jones, 82 Or App 388, 728 P2d 100 (1986)