California Gillnetters Ass'n v. Department of Fish & Game

In 1990 the California voters passed the Proposition 132 (Cal. Const, art. X B) initiative. Among other things, Proposition 132 banned the use of certain types of fishing gear along large portions of the California coastline. Appellants are fishermen adversely affected by this ban and seek to void Proposition 132.

I

Factual and Procedural History

Appellants are commercial fishermen who have fished California’s “inshore” waters within three miles from the coast using gill and trammel nets (collectively gill nets).

In November 1990, California voters passed Proposition 132, which provides for:

(1) elimination of the use after January 1, 1994, of gill nets in the Marine Resources Protection Zone, which essentially encompasses the “inshore” fishing areas of Central and Southern California;

(2) authorization, subject to the adoption of enabling legislation, to compensate qualified fishermen for the loss of their ability to conduct gillnetting operations;

(3) imposition of additional license and stamp fees to create a fund (the Marine Resources Protection Fund) to pay the costs of the compensation program and the administration of the act, with any surplus funds to be…