506.991
Criminal penalties.
(1) Except as otherwise provided by this section or other law, violation of any
provision of the commercial fishing laws, or of any rule adopted by the State
Fish and Wildlife Commission in carrying out the commercial fishing laws, is a
Class A misdemeanor if the offense is committed with a culpable mental state.
(2) Except as
otherwise provided by this section or other law, violation of any provision of
the commercial fishing laws, or of any rule adopted by the State Fish and
Wildlife Commission in carrying out the commercial fishing laws, is a Class A
violation if the offense is committed without a culpable mental state.
(3) In lieu of
the fine provided in ORS 161.635, and in addition to the imprisonment provided
in ORS 161.615, any violation of subsection (1) of this section is punishable
as follows:
(a) For the first
conviction, a fine not to exceed $2,500.
(b) For the
second conviction within a 10-year period, a fine not to exceed $4,000.
(c) For the third
conviction within a 10-year period, a fine not to exceed $10,000.
(d) For the
fourth and subsequent convictions within a 10-year period, a fine not to exceed
$25,000.
(4) Violation of
any provision of ORS 509.011 that occurs more than 12 hours prior to or more
than 12 hours subsequent to a season established under ORS 506.129 by the
commission for the lawful taking of food fish when the total value of the food
fish is $200 or more is a Class C felony.
(5) In addition
to the penalties of this section and notwithstanding the provisions of ORS
506.690, all fish or sexual products therefrom taken by or in the possession of
any person sentenced under this section shall be seized and confiscated,
condemned, and sold.
(6) As used in
this section, “culpable mental state” has the meaning given that term in ORS
161.085. [1965 c.570 §56; 1975 c.517 §1; 1977 c.242 §4; 1977 c.353 §2; 1983
c.364 §2; 1993 c.699 §28; 1999 c.1051 §314; 2013 c.164 §7]
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1980–2022 · leading case:
State v. Saunders, 799 P.2d 159 (Or. Ct. App. 1990).
State v. Saunders, 799 P.2d 159 (Or. Ct. App. 1990).
· cites it 4× “ORS 506.991. He moved to suppress the evidence, arguing that Pert's warrantless search and seizure violated the Oregon and federal constitutions.”
State v. Smith, 625 P.2d 1321 (Or. Ct. App. 1981).
“105 are set out at ORS 506.991: "(1) Except as provided in this section violation of any provision of the commercial fishing laws, or of any rule promulgated by the commission in carrying out the commercial fishing laws, is a Class A misdemeanor.”
State v. Bordeaux, 522 P.3d 900 (Or. Ct. App. 2022).
“ORS 506.991(1) further provides that “violation of any provision of the commercial fishing laws * * * is a Class A misdemeanor if the offense is committed with a culpable mental state.”
State v. Foley, 865 P.2d 465 (Or. Ct. App. 1993).
“695(1); ORS 506.991(5). Because ORS 506.655, the civil forfeiture statute, does not appear to authorize the civil forfeiture of boats, I do not believe that we need to reach the constitutional issues raised by defendant.”
State v. Page, 879 P.2d 903 (Or. Ct. App. 1994).
“Defendant appeals from his conviction for violating OAR 635-05-200, which, through ORS 506.991, makes it a misdemeanor to “possess or land pink shrimp from any one trip or landing which exceeds an average count of 160 whole shrimp per pound.”
State v. Wood, 691 P.2d 116 (Or. Ct. App. 1984).
· cites it 3× “The index prefacing chapter 509 contains a specific cross-reference to the penalty provision of ORS 506.991. The vagueness challenge lacks merit.”
State v. Heuker, 730 P.2d 1258 (Or. Ct. App. 1986).
· cites it 2× “4 ORS 506.991(1) provides that “violation of any provision of the commercial fishing laws, or of any rule promulgated by the commission in carrying out the commercial fishing laws, is a Class A misdemeanor.”
State v. Westside Fish Co., 608 P.2d 562 (Or. Ct. App. 1980).
“129; penalties are provided by ORS 506.991. ORS 161.095(1): "The minimal requirement for a criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is capable of performing.”
— Or. Rev. Stat. § 506.991(1) — 2 cases
State v. Bordeaux, 522 P.3d 900 (Or. Ct. App. 2022).
“ORS 506.991(1) further provides that “violation of any provision of the commercial fishing laws * * * is a Class A misdemeanor if the offense is committed with a culpable mental state.”
State v. Heuker, 730 P.2d 1258 (Or. Ct. App. 1986).
“4 ORS 506.991(1) provides that “violation of any provision of the commercial fishing laws, or of any rule promulgated by the commission in carrying out the commercial fishing laws, is a Class A misdemeanor.”
— Or. Rev. Stat. § 506.991(3) — 1 case
State v. Wood, 691 P.2d 116 (Or. Ct. App. 1984).
“The index prefacing chapter 509 contains a specific cross-reference to the penalty provision of ORS 506.991. The vagueness challenge lacks merit.”
— Or. Rev. Stat. § 506.991(5) — 1 case
State v. Foley, 865 P.2d 465 (Or. Ct. App. 1993).
“695(1); ORS 506.991(5). Because ORS 506.655, the civil forfeiture statute, does not appear to authorize the civil forfeiture of boats, I do not believe that we need to reach the constitutional issues raised by defendant.”
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.