Section 16.05.810. Burden of proof.

The possession of fish or game or a part of fish or game, or a nest or egg of a bird during the time the taking of it is prohibited is prima facie evidence that it was taken, possessed, bought, or sold or transported in violation of this chapter.  The burden of proof is upon the possessor or claimant of it to overcome the presumption of illegal possession and to establish the fact that it was obtained and is possessed lawfully.  This section does not apply
        (1) during the first full 10 days after the time when a taking is prohibited, except as provided in (3) of this section;
        (2) if the fish or game or part of fish or game is in a preserved condition whether frozen, smoked, canned, salted, pickled, or otherwise preserved; or
        (3) with respect to crab aboard a commercial crab fishing vessel, during the first full three days after the time when a taking is prohibited.

Notes

History

(Sec. 26 art I ch 94 SLA 1959; am Sec. 1 ch 42 SLA 1974)