Chapter 509

509.006

LAW REVIEW CITATIONS: 26 EL 355 (1996)

509.011

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)

509.031

ATTY. GEN. OPINIONS: Purchase and sale of Indian-caught steelhead by fish processing companies, (1977) Vol 38, p 1347

509.105

NOTES OF DECISIONS

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

509.130

LAW REVIEW CITATIONS: 2 EL 93 (1971)

509.140

NOTES OF DECISIONS

It is within range of discretion given Fish and Wildlife Commission by this section to interpret “necessary” use of explosives or substances to mean reasonably necessary rather than indispensable. Oregon Shores v. Oregon Fish and Wildlife Comm., 62 Or App 481, 662 P2d 356 (1983), Sup Ct review denied

LAW REVIEW CITATIONS: 2 EL 93 (1971)

509.505

NOTES OF DECISIONS

This section contains a general prohibition and ORS 509.140 is an exception to this general prohibition thus allowing the Fish and Wildlife Commission to permit depositing substances harmful to shellfish into the waters of the state if the terms of 509.140 are met. Oregon Shores v. Oregon Fish and Wildlife Comm., 62 Or App 481, 662 P2d 356 (1983), Sup Ct review denied

509.510

ATTY. GEN. OPINIONS: Right to cultivate oysters as subordinate to public rights of fishery, (1971) Vol 35, p 844

509.910

LAW REVIEW CITATIONS: 2 EL 93 (1971)