State v. Burke

The appellant, a commercial gill-net fisherman, was cited for unlawfully possessing or taking fish during a closed season, and was found guilty when the matter was tried to the Superior Court.

The State's evidence showed that at 5:30 a.m. on August 2, 1976, Department of Fisheries patrol officers observed the appellant's vessel approaching Port Angeles. The nets, which were on the deck, were wet and contained marine growth. There was a good wind and waves were washing onto the deck at times. The officers boarded the boat and observed fresh salmon in the fish box. On August 1, an emergency…