South Coast Fisheries, Inc. v. Department of Fish & Game

This appeal is taken by the several plaintiffs in two consolidated eases wherein judgment was rendered in favor of defendant following a non jury trial. By their actions appellants seek a refund of moneys paid to the state over a period of several years under the license and tax provisions of division 6, part 3, chapter 1, article 7 of the California Fish and Game Code. The sole issue presented by this appeal is the correctness of the trial court’s ruling upholding the constitutionality of said article 7, and particularly sections 8045 and 8047 thereof.

Pertinent sections of said article of the Fish and Game Code provide, in applicable part, as follows: Section 8040, subdivision (a) requires every person engaged in canning, curing, preserving, packing, or dealing at wholesale in fish taken from the waters of this state or brought into this state in a fresh condition to obtain a license. Section 8041 authorizes the licensees to carry on their businesses subject to the provisions of said code for a period of one year. Section 8042, subdivision (a) sets the annual fee for the licenses here involved (i.e., fish -anners and processors) at $75. Section 8043 requires that certain…