Abe
Abe v. Fish & Game Commission
Opinion
Opinion
Barnard, J.
This is an action for an injunction to restrain the defendants from molesting the plaintiff and the members of the crew of his fishing boat and from preferring against them any charges under the provisions of section 990 of the Fish and Game Code. (Stats. 1933, chap. 73, p. 479.)
The complaint alleged that the plaintiff is the owner of a certain fishing boat “Osprey”, which for two years he had used in taking fish from “ocean waters outside of the State of California and beyond the jurisdiction thereof and in bringing the same ashore within the State of California for the purpose of selling the same in a fresh state”; that the plaintiff is the holder of a commercial fishing license and is willing to comply with all laws and regulations in so far as he can; that the plaintiff required and had the services of a crew of six persons but that none of said crew had resided continuously within the United States for a period of one year last pást and none was eligible to procure a commercial fishing license under the code section above referred to; that the defendants had threatened to and would, unless restrained, institute proceedings charging the plaintiff and his crew with violating…