By Associated Press - Wednesday, December 21, 2016

SAN FRANCISCO (AP) - A federal appeals court has upheld higher fees in California for fishers from out of state.

A divided 11-judge panel of the 9th U.S. Circuit Court of Appeals said Wednesday the additional money California charges non-resident anglers reflects the state tax revenue needed to subsidize their share of the commercial fishery.

In 2010, California charged non-residents a little over $3,000 for a commercial fishing license, boat registration and Dungeness crab and herring gill net permits, about three times more than residents.



In a 6-5 ruling, the court said the higher fees were constitutional. The decision reversed a ruling last year by a three-judge 9th Circuit panel.

Stuart Gross, an attorney for non-resident anglers, said he plans to appeal. He said the 9th Circuit ruling would create a path for states to enact a broad range of discriminatory laws against non-state residents.

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