SLO County fishing industry in peril, judge to consider injunction
May 12, 2024
By KAREN VELIE
Fishermen from Morro Bay and Port San Luis are seeking a preliminary injunction to stop wind energy companies from surveying the ocean floor. Local fishermen report catch numbers are down 67% to 70% since one company recently began using sonar off the coast.
On Feb. 29, two groups of commercial fishermen filed a legal challenge against the state’s wind energy plans, arguing the process violates their constitutional right to fish. The lawsuit asks the court to revoke survey permits and not to allow any new permits until proper mitigation and protections are in place.
The federal government auctioned off three offshore wind energy sites located between 20 and 30 miles off the coast near Morro Bay in 2022. Then in Dec. 2023, the state issued a permit allowing survey work to begin.
Equinor brought their survey vessel, Island Pride, to the Central Coast from Norway in April. The boat began survey work on the ocean floor on April 19. Since then, commercial fisherman report major declines in catch numbers.
Signed into law in Oct. 2023, Senate Bill 286 requires the statewide strategy to include best practices for addressing impacts to commercial and recreational fisheries regarding wind energy. Local fisherman argue the wind companies have failed to follow best practices.
The Morro Bay Commercial Fisherman’s Organization and the Port San Luis Commercial Fisherman’s Association responded to the survey work with a legal request for a preliminary injunction.
Sam Luis Obispo Superior Court Judge Craig van Rooyen found this is a proper case for a preliminary injunction, according to an order to show cause. Judge van Rooyen ordered Equinor to show cause why he should not order the injunction at a hearing scheduled for May 15.
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 viability of fish stocks and fish breading grounds,” according to the lawsuit.
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