ELR Citation: ELR 20207
No(s). 94-4294 (6th Cir. Jul 1, 1996)

The court holds that Ohio statutes and regulations restricting commercial fishing of walleye and yellow perch do not violate the Commerce Clause of the U.S. Constitution. The court first holds that the statutes and regulations are not examples of simple economic protectionism. They do not distinguish between in-state and out-of-state fishers. The court next holds that the local benefits of the law appear to outweigh any burden imposed on interstate commerce. Even assuming that the statutes and regulations no longer promote conservation, but exist to benefit sport fishers, statutes or regulations that favor sport fishing over commercial fishing may reflect legitimate state interests.

Counsel for Plaintiffs
Charles E. Bloom
Herschel, Accettola, Bloom & Mills
615 Adams St., Toledo OH 43604
(419) 241-1150

Counsel for Defendants
Joan C. Weiser, Ass't Attorney General
Attorney General's Office
Fountain Sq., Bldg. D-2, Columbus OH 43224
(614) 265-6870

Before: KEITH and SILER, Circuit Judges; GIBBONS, Chief District Judge.^*