Eder

Eder v. Department of Fish & Game

Good Law
170 Cal. App. 4th 216·2009 Cal. App. LEXIS 47·87 Cal. Rptr. 3d 789·39 Envtl. L. Rep. (Envtl. Law Inst.) 20013
Court of Appeal of CaliforniaJanuary 16, 2009A120532California3,550 words

Opinion

Opinion

Marchiano, J.

In this case we uphold the constitutionality of Fish and Game Code section 8279.1, subdivision (c), which is an important adjunct to the tristate California, Oregon, and Washington agreement to regulate Dungeness crab fishing.

Plaintiffs Robert Eder, Bryan Randall, and Justin Yager are Oregon Dungeness crab fishermen. Defendant California Fish and Game Commission (Commission) revoked their California Dungeness crab vessel permits because they violated section 8279.1, subdivision (c) by fishing for crab in San Francisco waters and then fishing for crab in Oregon sooner than the time designated by the regulatory statute. Plaintiffs sought writ and declaratory relief, which the trial court denied.

Plaintiffs contend they are entitled to relief because section 8279.1, subdivision (c) extratenitorially regulates conduct which was lawful in Oregon, and violates the “dormant” commerce clause and privileges and immunities clause of the United States Constitution. We reject plaintiffs’ contentions and uphold the constitutionality of the statute. Accordingly, we affirm.

I. THE REGULATORY SCHEME

The Pacific Coast Dungeness crab fishery is regulated by state laws in Washington,…

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