Wednesday, October 4, 2023
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Appeals Court Upholds |Crab-Fishing Regulations

(CN) - Regulations on Dungeness crab fishing that govern the states of California, Washington and Oregon do not violate the U.S. Constitution, a California appeals court ruled.

Plaintiffs Robert Eder, Bryan Randall, Justin Yager are crab fishermen from Oregon. Their licenses to fish in California were revoked because they fished in San Francisco and then in Oregon sooner than the time designated by the tri-state law.

The fishermen argue that the California Fish and Game Code exceeds its territorial authority by outlawing conduct that is legal in Oregon.

The 1st Appellate District Court of Appeal upheld the trial court's denial of territorial relief, disagreeing that the Fish and Game Code outlawed them from fishing in Oregon.

"The statute regulates crab fishing in California," Justice Marchiano wrote. "It imposes a condition on fishing in California waters: the 30-day wait for fishing elsewhere once a delayed season opens."

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