California fishermen land court ruling

Friday, February 13, 2015 @ 11:19:00 AM

"This process would be so cumbersome and drawn out that it could effectively block many stocking ponds and hatcheries from continuing to operate,” Mlikotin said.

PLF challenged the new regulations, saying they were drafted without public input, which is mandated by the California Administrative Procedure Act (CAPA). Essentially, the Court ruled the hatchery and fish farm regulations were "underground regulations” that were set without sufficient public input.

"This court ruling is a powerful victory for everyone who values recreational fishing opportunities, and for everyone who values openness and accountability in government,” said PLF senior staff attorney Joshua Thompson. "The DFW concocted these radical regulations all on its own, without any request from the Legislature and without seeking public review and comment as state law requires. This court victory saves recreational fishing from out-of-control regulators and protects everyone’s rights by reminding bureaucrats they aren’t above the law.”

The new, illegal regulations were rooted in a 2010 Fish and Wildlife Environmental Impact Report that claimed that the stocking of lakes and ponds with hatchery-bred fish puts indigenous fish and habitat in danger. The environmental document also radically changed the the permitting process for stocking private fishing lakes and ponds without any public review or input, and without direction from the State Legislature...

Read the full article at UTSanDiego.com.