Kevin Marilley v. Charlton Bonham

Dissent by Judge MILAN D. SMITH, Jr.

Dissent by Judge REINHARDT

OPINION

W. FLETCHER, Circuit Judge:

California charges nonresident commercial fishers higher fees for vessel registrations, licenses, and permits than it charges resident commercial fishers. A certified class of nonresident commercial fishers challenges the fee differentials under the Privileges and Immunities Clause and the Equal Protection Clause. We hold that California’s fee differentials do not violate either clause.

I. Background

California requires both resident and nonresident commercial fishers to register their vessels and to…