Thursday, February 02, 2012
COURT OF APPEAL REFUSES TO HALT LAWSUIT TARGETING MLPA
Coastside Fishing Club's appeal to go forward; hearing that could roll back saltwater fishing closures expected in late in 2012
By Paul Lebowitz
WON Staff Writer
In October, angling advocates United Anglers of Southern California, Coastside Fishing Club and Robert C. Fletcher suffered the first setback in their legal campaign targeting privately funded Marine Life Protection Act ocean fishing closures. San Diego Superior Court judge Ronald S. Prager rejected arguments that the Fish and Game Commission exceeded its authority when it approved new marine protected areas in North-Central California.
In December, Coastside attorneys struck back, appealing the ruling. On Jan. 9, the Commission filed a motion to dismiss the appeal. The Court of Appeal denied the motion, meaning the appeal will go forward. It is expected to be heard in late 2012. If it is successful, not only could it roll back saltwater fishing closures in North-Central California, it could pull recently approved Southern California closures off the map.
Coastside's statement:
As you are probably aware, on December 15, 2011 we filed a Notice of Appeal on behalf of Coastside Fishing Club, appealing the trial court’s denial of Coastside’s claims that the Fish and Game Commission lacked statutory authority and failed to follow required procedures in adopting the North Central Coast MPAs and MPA regulations. All of the remaining claims brought by United Anglers and Robert Fletcher (the South Coast regulatory authority and CEQA claims, as well as the Coastal Act claim) are still pending in the trial court; a trial date has not yet been set.
On January 9, 2012, the Fish and Game Commission filed a motion in the court of appeal to dismiss Coastside’s appeal, arguing that Coastside must wait to appeal until all of the remaining claims still pending in the trial court have been resolved.
We just received good news from the court of appeal — it denied the Commission’s motion. Coastside’s appeal may therefore go forward and be heard on the merits.
I may go back to church.;)
Cheers, Don