State v. Pratt

Defendant, a member of the Yakima Indian Nation, was convicted of unlawful possession of food fish, the indictment alleging that he

"did knowingly and unlawfully possess *** Salmon, which was unlawfully caught during a closed season, said possession occurring more than 12 hours subsequent to a season established under ORS 506.129 ***.”

The theory of the prosecution was that the fish had been caught by gill-netting. Mere possession of salmon by defendant would not have been illegal, because as a member of the Yakima Nation he was entitled to fish at any time for subsistence or ceremonial…