OAR 635-002-0030: Sale of Seized Fish or Shellfish

In accordance with ORS 506.690, all food fish and shellfish taken by or in possession of any person in violation of the commercial fishing laws or regulations of the Commission shall be seized. To prevent spoilage, the fish so seized and not required as evidence shall be sold. The officer undertaking the sale shall, if reasonable and practical, obtain more than one bid price for the seized fish to insure the price paid is the market value of the fish at the time of seizure. Market value as used in subsection (3) of ORS 506.690 and this regulation means the price at fisherman or producer level. If it is not practical to sell seized fish to prevent spoilage, such fish may be provided for food purposes, free gratis to any state, county, or other public institution. Any food fish or shellfish seized and determined as unsuitable for human consumption may be destroyed. [ED. NOTE: This rule was Renumbered from 625-030-0090, 1975; Renumbered from 635-020-0030, 1979]