(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.

Attorney's Note

Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $125,000
Class A misdemeanorup to 364 daysup to $6,250
For details, see Or. Rev. Stat.161.605 and Or. Rev. Stat.Or. Rev. Stat.161.615

Terms Used In Oregon Statutes 506.991

  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(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]