By KAREN VELIE Fishermen from Morro Bay and Port San Luis recently filed a legal challenge against the state's wind energy plans, arguing the process
Fishermen from Morro Bay and Port San Luis recently filed a legal challenge against the state’s wind energy plans, arguing the process violates their constitutional right to fish.
The California Constitution and the California Coastal Act both prioritize the protection and survival of commercial and recreational fishing. In addition, the public trust doctrine provides the “absolute right of the people to fish.” “Without the relief prayed for herein, irreparable injury will occur in and to the public trust lands as a result of lack of adequate monitoring, the absence of enforceable, complete, or adequate mitigation, and the erroneous “scientific” assumptions not supported by substantial evidence that the conduct of site surveys will have no effect on commercial fishing activities, through port displacements of fishermen by survey vessels and support activities, and through irreparable injury to the...
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