Case library · The Fisherman's Rights
The Spawner Floor
Oregon Trollers Ass'n v. Gutierrez (2006)
Charge: Klamath Chinook fishing restrictionsCourt: U.S. Court of Appeals, 9th CircuitState: OregonDocket: The Fisherman's Rights
Could managers set a spawner floor counting only wild fish, and close the season on it without notice and comment?
The facts
A rule from 1989 said a run of river chinook must return at least thirty-five thousand adult spawners, counting only naturally spawned fish and leaving hatchery fish out of the tally. In 2005 the forecast fell short, so managers closed a stretch of coast to commercial salmon fishing from May through August. Fishermen and shoreside businesses put their losses at about forty million dollars.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Oregon Trollers Ass'n v. Gutierrez, 452 F.3d 1104 (9th Cir. 2006)
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