State v. Page

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.” We affirm.

Defendant is a commercial shrimper. On August 22, 1992, state police officers observed shrimp being unloaded from defendant’s fishing vessel to the Bornstein’s Seafood Plant. Unofficial shrimp samples taken by Bornstein employees revealed counts that ranged from 180 to 190 shrimp per pound. Based on those unofficial counts, the officers sampled…