Oregon Statutes - Game Laws & Penalties
Oregon Statutes - Game Laws & Penalties
fish man sanders said:
i have been to the fish ladder twice and there are a ton of trout and steelies there but the ladder is all fenced over and you would have to fish below the ladder or els i think you could get a ticket for fishing in a ladder. but who knows
I've spent many, many days fishing LFC and always abide by the regs re: the "200 ft. Rule". Fishing is allowed upstream of the Ladder, but 'nooks & steelies are downstream only. One fine spring day during weekend only access hike or bike restriction, not during a hunting access period, I was walking back out to the road & 2 OSP Game Officers were patrolling the creek { Martin Maher & Josh (? - usu. see on the 'Slaw)}. Had a pleasant visit with them, asked for their hot spots to fish low pressure areas & tips, got a couple. I digress.
I looked up the statutes & penalties that apply to this (all) . Long but here they are:
496.992. (1) Except as otherwise provided by this section or other
law, a violation of any provision of the wildlife laws, or any rule
adopted pursuant to the wildlife laws, is a
Class A misdemeanor if
the offense is committed with a culpable mental state.
161.085 Definitions with respect to culpability. As used in chapter
743, Oregon Laws 1971, and ORS 166.635, unless the context
requires otherwise:
(1) “Act” means a bodily movement.
(2) “Voluntary act” means a bodily movement performed
consciously and includes the conscious possession or control of
property.
(3) “Omission” means a failure to perform an act the
performance of which is required by law.
(4) “Conduct” means an act or omission and its accompanying
mental state.
(5) “To act” means either to perform an act or to omit to
perform an act.
(6) “Culpable mental state” means intentionally, knowingly,
recklessly or with criminal negligence as these terms are defined in
subsections (7), (8), (9) and (10) of this section.
(7) “Intentionally” or “with intent,” when used with respect to a
result or to conduct described by a statute defining an offense,
means that a person acts with a conscious objective to cause the
result or to engage in the conduct so described.
(8) “Knowingly” or “with knowledge,” when used with respect to
conduct or to a circumstance described by a statute defining an
offense, means that a person acts with an awareness that the
conduct of the person is of a nature so described or that a
circumstance so described exists.
(9) “Recklessly,” when used with respect to a result or to a
circumstance described by a statute defining an offense, means that
a person is aware of and consciously disregards a substantial and
unjustifiable risk that the result will occur or that the circumstance
exists. The risk must be of such nature and degree that disregard
thereof constitutes a gross deviation from the standard of care that
a reasonable person would observe in the situation.
(10) “Criminal negligence” or “criminally negligent,” when used
with respect to a result or to a circumstance described by a statute
defining an offense, means that a person fails to be aware of a
substantial and unjustifiable risk that the result will occur or that
the circumstance exists. The risk must be of such nature and degree
that the failure to be aware of it constitutes a gross deviation from
the standard of care that a reasonable person would observe in the
situation. [1971 c.743 §7; 1973 c.139 §2]
161.615
Prison terms for misdemeanors. Sentences for
misdemeanors shall be for a definite term. The court shall fix the
term of imprisonment within the following maximum limitations:
(1) For a Class A misdemeanor, 1 year.
(2) For a Class B misdemeanor, 6 months.
(3) For a Class C misdemeanor, 30 days.
(4) For an unclassified misdemeanor, as provided in the statute
defining the crime. [1971 c.743 §75]
161.635 Fines for misdemeanors. (1) A sentence to pay a fine for a
misdemeanor shall be a sentence to pay an amount, fixed by the
court, not exceeding:
(a) $6,250 for a Class A misdemeanor.
(b) $2,500 for a Class B misdemeanor.
(c) $1,250 for a Class C misdemeanor.
:naughty::shock::naughty::shock::naughty::shock::n aughty:
So you potentially get fined, imprisonment, and definitely would have your hunting/fishing privileges revoked for a period of years. A recent conversation I had at the "Boy Scout " hole with a Dexter Dam "regular" was where he had witnessed a poacher get ticketed by OSP Game Officer for clipping the fin off a wild 'nook to the tune of $4000.00 & 10 yrs revocation of privileges. OSP eye-witnessed with binoculars.
I've visited the fish ladder area dozens of times over the last few years (downstream) and have never had the excitement of seeing/catching tons of fish in the general area. Post a couple pics of C&R fish from 2009 that were the exceptions not the rule for the ladder area. Cutty late Nov. big 'bow mid-May. Also the avatar pic of me is at LFC below the Weyerhauser area. Troutski remembers that fish, eh Chuck! :lol:
Stay Safe & Tight Lines