Legal Opinion

Puget Sound Harvesters Ass'n v. Department of Fish & Wildlife

Court of Appeals of Washington

Decided August 11, 2014No. 71362-1-IPublished

1Opinion of the CourtLau, J.

¶1 The Puget Sound Harvesters Association (PSHA), an industry group representing nontreaty commercial salmon gill net fishers, appeals the trial court’s dismissal of its petition seeking to invalidate two administrative rules adopted by the Washington Department of Fish and Wildlife (WDFW) regulating nontreaty commercial chum salmon fishing in South Puget Sound for the 2012 season. PSHA argues that the 2012 rules violate constitutional principles of equal protection and are arbitrary and capricious. Because there is no constitutional or statutory right to equal catch shares among gear groups…

2Cases cited20 opinions

  1. Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
  2. United States v. OregonSupreme Court of the United States · 1935
  3. Hillis v. Department of EcologyWashington Supreme Court · 1997
  4. Hillis v. State, Dept. of EcologyWashington Supreme Court · 1997
  5. Sohappy v. SmithDistrict Court, D. Oregon · 1969

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