Court ruling could reshape North Carolina coastal fishing
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North Carolina has failed to protect its fisheries, a Wake County judge ruled Aug. 17 after years of litigation. Photographer: Allison Joyce/Bloomberg via Getty Images
North Carolina failed to protect its coastal fisheries, leaving multiple species at risk of collapse, a Wake County judge ruled last week.
Why it matters: The ruling found North Carolinians' constitutional right to harvest fish and shellfish is being violated, potentially requiring the state to overhaul how it manages the coastal ecosystem.
What they're saying: "While this is the outcome we wanted, this is not a moment for celebration. There is no real victory when our fisheries are depleted," David Sneed, executive director of the Coastal Conservation Association (CCA), told Axios by email.
- "The important thing now is that the problem has been recognized," Sneed continued.
Catch up quick: CCA brought the lawsuit with 85 other plaintiffs, presenting evidence during a five-week trial of what they described as decades of commercial overfishing and government mismanagement.
- The 13 species at the heart of the case include flounder, blue crab, river herring, spot and croaker.
Zoom in: "Not a single one of the 13 state-managed coastal fish stocks exhibits long-term viability," Superior Court Judge Bryan Collins Jr. wrote.
- His ruling in the highly technical case spanned 190 pages. Much of the scientific evidence went unchallenged by the state, Collins noted.
- "The State's failures are not the product of any one decision, but rather, are the product of a systemic, decades-long pattern," he found.
The other side: A spokesperson for the state Division of Marine Fisheries (DMF) tells Axios by email that the agency "has received the judge's ruling and is reviewing the findings," but would not make further statements because the case is ongoing.
Between the lines: Shrimp trawling and gillnetting in estuaries received particular attention in the trial and ruling. Other states have banned or tightly limited the practices because of the resulting bycatch.
- "North Carolina's tolerance for destructive gears is unique — and unmatched — among all southeastern states," Collins wrote.
- A bill that would have banned inshore shrimp trawling failed last year in the legislature after an outpouring of support for North Carolina's shrimpers.
The latest: After the ruling, Rep. Jake Johnson, chair of the state's House Oversight Committee, wrote to DMF's interim director indicating the committee would investigate why the state's 1997 Fisheries Reform Act was failing.
- Johnson requested detailed DMF spending data by Sept. 18.
What's next: The judge gave the two sides until October to meet and prepare for the next phase of the trial, when they will work out potential solutions.