Unanimous N.C. Appeals Court Rules State Can Be Sued for Failing to Protect Fishing Rights

September 27, 2022 Mid Atlantic

The decision could eventually lead to new restrictions on commercial fishing. The Appeals Court agreed to affirm a trial judge’s ruling in the case, Coastal Conservation Association v. State of N.C. The trial court had rejected the state’s attempt to have the case thrown out because of sovereign immunity. “Plaintiffs alleged the State breached this constitutional duty by ‘mismanaging North Carolina’s coastal fisheries resources.’ Specifically, Plaintiffs alleged the State has mismanaged the fisheries by ‘permitting, sanctioning, and even protecting two methods of harvesting coastal finfish and shrimp in State public waters’ — shrimp trawling and ‘unattended’ gillnetting,,, >click to read< 12:49

Appeals Court Judge Toby Hampson, Coastal Conservation Association v. State of N.C., failing to protect, fishing rights, N.C. Appeals Court, North Carolina Division of Marine Fisheries, North Carolina Marine Fisheries Commission, North Carolina., ruled that the state can be sued

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The New England groundfish debacle (Part III): who or what is at fault? Nils E. Stolpe/FishNet

It took me a while to decide how to most accurately describe the situation that has been visited upon the New England fishing communities that are and since colonial times have been dependent on the groundfish fisheries.

NILS STOLPE: The New England groundfish debacle (Part IV): Is cutting back harvest really the answer?

While it’s a fact that’s hardly ever acknowledged, the assumption in fisheries management is that if the population of a stock of fish isn’t at some arbitrary level, it’s because of too much fishing. Hence the term “overfished.” Hence the mandated knee jerk reaction of the fisheries managers to not enough fish; cut back on fishing. What of other factors? They don’t count. It’s all about fishing, because fishing is all that the managers can control; it’s their Maslow’s Hammer. When it comes to the oceans it seems as if it’s about all that the industry connected mega-foundations that support the anti-fishing ENGOs with hundreds of millions of dollars a year in “donations” are interested in controlling. Read the article here

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