Facts

Tri-State Crab Producers sued the California Department of Fish and Wildlife and the California Fish and Game Commission.

PLAINTIFF’S CONTENTIONS: Plaintiff challenged defendants’ allegedly overbroad interpretation of Fish and Game Code Section 8279.1, a provision that regulates who can participate in crab fisheries in areas that were delayed in opening its season. Plaintiff alleged that fishermen faced potential revocation of their fishing permits after the defendants’ expanded the meaning of the term “delayed,” to include delays that result from tribal or native interests. Plaintiff sought judicial review of the matter and requested a judicial order stating among other things that the term “delayed,” as used in the code, was limited to seasonal delays resulting from crab quality tests.

DEFENDANTS’ CONTENTIONS: The defendants demurred.

Result

The demurrer was sustained without leave to amend because there was no concrete factual dispute, among other things.