Commercial Crabbers Case Thrown Out Of Court!!!

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Commercial Crabbers Case Thrown Out Of Court!!!

Postby Nelly » Fri May 13, 2011 2:50 pm

I just got word from Thurston County Superior Court that Judge Thomas Mc Phee has dismissed the injunction brought by a group of commercial crab fishermen seeking to block an allocation shift in favor of recreational fishermen.
The commercial crabbers argued that recreational fisheries should not be considered as an "industry". The State of Washington's attorney produced economic data that persuaded Judge Mc Phee to decide quite the opposite.
It's a huge victory for recreational fishermen and hopefully a scene from coming attractions! :Di
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Re: Commercial Crabbers Case Thrown Out Of Court!!!

Postby adipose clipper » Fri May 13, 2011 5:09 pm

Does this include the Indian fishery?
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Re: Commercial Crabbers Case Thrown Out Of Court!!!

Postby cobble cruiser » Fri May 13, 2011 5:13 pm

Awesome news Nelly! Thanks for staying up on this stuff too. Mucho appreciate!
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Re: Commercial Crabbers Case Thrown Out Of Court!!!

Postby Nelly » Fri May 13, 2011 6:29 pm

Here's a first hand account from the NMTA's Tony Floor:

Good news…..we won, on all challenges. Thurston County Superior Court Judge Thomas McPhee rejected the P.S. Commercial Crab Association’s request for a temporary restraining order that would have reverted our more conservative season regulations to 2010 late this afternoon. He rejected the Association’s challenge that the Fish and Wildlife Commission acted in a capricious and arbitrary manner in setting the new P.S. crab allocation ratios last October. He rejected the challenge by legal counsel representing the commercials, that the sport fishing industry is not an industry and went further to recognize our industry. He also noted that the sport fishery only takes less than 10% of the total Non-Indian (ocean and Puget Sound) crab catch and this new allocation will not be disruptive to distribution of crab in the market place. He noted, as offered by the state, that 60% of the Non-Indian commercial crab fishery catch in Puget Sound is shipped out of the state.

Now, it will be interesting to see if the commercial crab industry elects or dismisses their consideration for a full blown lawsuit, based on today’s decision.

Tony Floor
Director of Fishing Affairs
NW Marine Trade Assn.
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