Fast Action
11-12-2003, 05:50 PM
Information:
What happens and what you have a right to do if you decide to. I would recommend calling OSP before doing this. Even though it is a huge crime for us anglers it is not to others.
On page 13 of the 2003 Oregon Sport Fishing Regulations, in the Harvest
Methods, Hours and Restrictions, Game Fish section, restrictions 2 and
3. It is unlawful to (2) attempt to snag, spear, gaff, net, trap, club,
shoot or ensnare any game fish and (3) take any game fish hooked other
than in the mouth. Snagging is defined on page 12 (top) as "hooking or
attempting to hook fish other than in the mouth." So, you do not have
to have the fish in possession to be the recipient of a citation for
snagging or attempting to snag.
It is a misdemeanor (as are most fish and wildlife violations),
Punishable as the judge deems appropriate. Sometimes that is very
little money and sometimes it has been over $500 plus loss of privileges
(angling and/or hunting) for up to 2 years. Technically, according to
ORS 496.951 Base fines for wildlife law violations (c), the base fine
for snagging is $299. Then, ORS 496.992 (see 496.992 at the bottom) Penalties, describes further
about culpable mental state and repeat offenders. Ultimately, however,
it is up to the judge's discretion.
ARREST
133.220 Who may make arrest? An arrest may be effected by:
(1) A peace officer under a warrant;
(2) A peace officer without a warrant;
(3) A private person; or
(4) A federal officer. [Amended by 1981 c.808 §2]
133.225 Arrest by a private person. (1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255. [1973 c.836 §74]
ORS 161.255 Use of physical force by private person making citizen’s arrest. (1) Except as provided in subsection (2) of this section, a private person acting on the person’s own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225.
EXPLANATION FROM ABOVE:
ORS 496.992
Relating to bail amounts for certain wildlife law offenses;
amending ORS 496.951.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.951 is amended to read:
496.951. (1) The bail amount for a violation of wildlife laws
or rules as described in ORS 496.992 (2), which amount shall be
placed on a citation issued by a law enforcement official, shall
be as follows:
(a) Violations that do not involve the taking of wildlife,
except for violations of the nonresident licensing provisions of
ORS 497.102 { + and 497.121 + } and the provisions of ORS
496.994, $75.
(b) Violations that involve the taking of nongame mammals or
game birds, and size or quantity limits for fish and shellfish,
except salmon, steelhead trout and sturgeon, $150.
(c) Violations that involve the taking of salmon, steelhead
trout, sturgeon, wildlife not otherwise provided for and all
other wildlife offenses, $299.
(2) The bail established under subsection (1) of this section
includes the unitary assessment required under ORS 137.290 and
the county assessment required under ORS 137.309.
(3) Neither the Supreme Court nor any other court shall
establish a bail amount for a violation of an offense described
in subsection (1) of this section other than the amount listed in
this section.
What happens and what you have a right to do if you decide to. I would recommend calling OSP before doing this. Even though it is a huge crime for us anglers it is not to others.
On page 13 of the 2003 Oregon Sport Fishing Regulations, in the Harvest
Methods, Hours and Restrictions, Game Fish section, restrictions 2 and
3. It is unlawful to (2) attempt to snag, spear, gaff, net, trap, club,
shoot or ensnare any game fish and (3) take any game fish hooked other
than in the mouth. Snagging is defined on page 12 (top) as "hooking or
attempting to hook fish other than in the mouth." So, you do not have
to have the fish in possession to be the recipient of a citation for
snagging or attempting to snag.
It is a misdemeanor (as are most fish and wildlife violations),
Punishable as the judge deems appropriate. Sometimes that is very
little money and sometimes it has been over $500 plus loss of privileges
(angling and/or hunting) for up to 2 years. Technically, according to
ORS 496.951 Base fines for wildlife law violations (c), the base fine
for snagging is $299. Then, ORS 496.992 (see 496.992 at the bottom) Penalties, describes further
about culpable mental state and repeat offenders. Ultimately, however,
it is up to the judge's discretion.
ARREST
133.220 Who may make arrest? An arrest may be effected by:
(1) A peace officer under a warrant;
(2) A peace officer without a warrant;
(3) A private person; or
(4) A federal officer. [Amended by 1981 c.808 §2]
133.225 Arrest by a private person. (1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255. [1973 c.836 §74]
ORS 161.255 Use of physical force by private person making citizen’s arrest. (1) Except as provided in subsection (2) of this section, a private person acting on the person’s own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225.
EXPLANATION FROM ABOVE:
ORS 496.992
Relating to bail amounts for certain wildlife law offenses;
amending ORS 496.951.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.951 is amended to read:
496.951. (1) The bail amount for a violation of wildlife laws
or rules as described in ORS 496.992 (2), which amount shall be
placed on a citation issued by a law enforcement official, shall
be as follows:
(a) Violations that do not involve the taking of wildlife,
except for violations of the nonresident licensing provisions of
ORS 497.102 { + and 497.121 + } and the provisions of ORS
496.994, $75.
(b) Violations that involve the taking of nongame mammals or
game birds, and size or quantity limits for fish and shellfish,
except salmon, steelhead trout and sturgeon, $150.
(c) Violations that involve the taking of salmon, steelhead
trout, sturgeon, wildlife not otherwise provided for and all
other wildlife offenses, $299.
(2) The bail established under subsection (1) of this section
includes the unitary assessment required under ORS 137.290 and
the county assessment required under ORS 137.309.
(3) Neither the Supreme Court nor any other court shall
establish a bail amount for a violation of an offense described
in subsection (1) of this section other than the amount listed in
this section.