Tag Archives: failing to protect
Unanimous N.C. Appeals Court Rules State Can Be Sued for Failing to Protect Fishing Rights
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
