California can’t charge out-of-state fishers higher fees, court rules

California’s requirement that out-of-state commercial fishers pay higher fees than residents violates the Constitution, a federal appeals court decided Friday.

“Charging non-residents two to three times the amount charged to residents plainly burdens non-residents’ right to pursue a common calling, in this case commercial fishing,” the U.S. 9^th Circuit Court of Appeals said.

The panel upheld, 2-1, a lower-court decision in favor of out-of-state fishers who brought a class-action against California’s rate system.

At issue were four fees the state charges for licenses, boat registration and permits for fishing in California waters.

The court said the “discrimination” violated the Privileges and Immunities Clause, which bars states from showing bias toward residents of other states.

“All four licenses would set a resident back $1,100.78, but a non-resident $3,260.25,” wrote Judge Paul L. Friedman, a Washington, D.C. district jurist temporarily assigned to the court. The Clinton appointee was joined by 9^th Circuit Judge Paul J. Watford, an Obama appointee.

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The majority said California had failed to justify the differential with any evidence that resident fishers contribute more to the state for administering commercial fishing.

Judge Susan P. Graber, a Clinton appointee, dissented. She said the case should go to trial to allow California the opportunity to show the fee structure was warranted.

Twitter: @mauradolan

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