506.690
Seizure, forfeiture and disposition of fish unlawfully taken. (1) All fish taken by or in the
possession of any person in violation of the commercial fishing laws or the
rules of the State Fish and Wildlife Commission shall be seized by any member
of the commission or any officer described in ORS 506.521.
(2) Any fish
seized under the provisions of subsection (1) of this section may be disposed
of, sold, preserved or used for food purposes, under the rules of the
commission, to prevent loss or spoilage. At the time the court passes sentence
in the criminal prosecution for violation of the commercial fishing laws, the
court may order that any fish seized under subsection (1) of this section or
the proceeds from the sale of such fish shall be forfeited. Any moneys derived
from the sale of any forfeited fish shall be deposited in the Commercial
Fisheries Fund.
(3) If the fish
seized under subsection (1) of this section are not subsequently forfeited, the
commission shall pay to the person from whom the fish were seized an amount
equal to the fair market value, as established by rule pursuant to ORS 506.720,
of the fish at the time of seizure.
(4) The
commission shall approve the amount to be paid under subsection (3) of this
section, and the claim shall be paid from the Commercial Fisheries Fund in the
manner provided by law for the payment of claims against the state. There is
appropriated continuously from the Commercial Fisheries Fund an amount equal to
the amounts approved by the commission under this subsection. [Formerly
506.602; 1975 c.253 §27; 1977 c.652 §4; 1999 c.1013 §1; 1999 c.1051 §275; 2023
c.166 §1]
Notes of Decisions
Cited in
4
cases, 1981–1993 · leading case:
State v. Smith, 625 P.2d 1321 (Or. Ct. App. 1981).
State v. Smith, 625 P.2d 1321 (Or. Ct. App. 1981).
· cites it 2× “He radioed for help, loaded the fish into his vehicle and transported them to Portland where they were sold to a seafood wholesaler, as provided by ORS 506.690. 2 *227 The state’s contention is that the fish had been gill-netted and thus were illegally taken under the laws of…”
State v. Anderson, 792 P.2d 451 (Or. Ct. App. 1990).
“…to a number of administrative agencies to seize evidence of violations of statutes or regulations. See e.g., ORS 506.690(1); ORS 619.036(2).”
State v. Kelly, 860 P.2d 843 (Or. Ct. App. 1993).
· cites it 3× “1 Several months after Kelly had been sentenced, the state filed a motion to forfeit the proceeds of the illegally harvested commercial shrimp, pursuant to ORS 506.690(2). After the court allowed the motion, Gunnari filed a motion to intervene, which was granted.”
State v. Wood, 691 P.2d 116 (Or. Ct. App. 1984).
· cites it 3× “” ORS 506.690(1). ORS 506.690(2) provides in part: *129 “Any fish seized under the provisions of subsection (1) of this section may be disposed of, sold, preserved or used for food purposes, under the rules of the commission, to prevent loss or spoilage * * *.”
— Or. Rev. Stat. § 506.690(1) — 2 cases
State v. Anderson, 792 P.2d 451 (Or. Ct. App. 1990).
“…to a number of administrative agencies to seize evidence of violations of statutes or regulations. See e.g., ORS 506.690(1); ORS 619.036(2).”
State v. Wood, 691 P.2d 116 (Or. Ct. App. 1984).
“” ORS 506.690(1). ORS 506.690(2) provides in part: *129 “Any fish seized under the provisions of subsection (1) of this section may be disposed of, sold, preserved or used for food purposes, under the rules of the commission, to prevent loss or spoilage * * *.”
— Or. Rev. Stat. § 506.690(2) — 3 cases
State v. Smith, 625 P.2d 1321 (Or. Ct. App. 1981).
“He radioed for help, loaded the fish into his vehicle and transported them to Portland where they were sold to a seafood wholesaler, as provided by ORS 506.690. 2 *227 The state’s contention is that the fish had been gill-netted and thus were illegally taken under the laws of…”
State v. Kelly, 860 P.2d 843 (Or. Ct. App. 1993).
“1 Several months after Kelly had been sentenced, the state filed a motion to forfeit the proceeds of the illegally harvested commercial shrimp, pursuant to ORS 506.690(2). After the court allowed the motion, Gunnari filed a motion to intervene, which was granted.”
State v. Wood, 691 P.2d 116 (Or. Ct. App. 1984).
“” ORS 506.690(1). ORS 506.690(2) provides in part: *129 “Any fish seized under the provisions of subsection (1) of this section may be disposed of, sold, preserved or used for food purposes, under the rules of the commission, to prevent loss or spoilage * * *.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.