NC SPECKLED TROUT SEASON

UPDATE ON TROUT SEASON AND PENDING LITIGATION RE: COMMERCIAL FISHING

On January 22, the N.C. Division of Marine Fisheries (DMF) issued proclamation FF-11-2025 in response to cold stuns across Eastern North Carolina bodies of water. The Order makes it “unlawful to possess, transport, buy, sell or offer for sale spotted seatrout taken from Coastal and Joint Fishing Waters of North Carolina[,]” in both commercial and recreational fisheries. The Division’s intent for closing the season is to allow the surviving fish a chance to spawn before harvest reopens in the summer. Peak spawning occurs from May to June.

The ban on harvesting seatrout took effect on January 24, 2025, and runs until June 15, 2025, unless modified pursuant to the adoption of Amendment 1 to the N.C. Spotted Seatrout Fishery Management Plan.

On February 6, 2024, the NC Wildlife Resources Commission (NCWRC) voted to notice a temporary rule that would close the recreational harvest of spotted seatrout in inland and joint fishing waters from May 1, 2025, through June 15, 2025. NCWRC intends to alleviate angler confusion and act consistently with the DMFs January 22nd proclamation. Because NCWRC does not have proclamation authority, the earliest this would become effective is May 1, 2025.

North Carolina waterways are classified into three categories: Coastal Fishing Waters, Joint Fishing Waters, and Inland Fishing Waters. Coastal Waters include the Atlantic Ocean, various sounds such as the Pamlico, and estuarine waters up to the dividing line between coastal fishing waters and inland fishing waters agreed upon by the Marine Fisheries Commission and the Wildlife Resources Commission. Joint fishing waters, such as portions of the Alligator River, are coastal fishing waters denominated by agreement of the Marine Fisheries Commission and the Wildlife Resources Commission as joint fishing waters. The Marine Fisheries Commission retains jurisdiction over regulation and licensing in coastal fishing waters and joint fishing waters.

Inland fishing waters, such as Blounts Creek and Bath Creek, include all inland waters except private ponds and all waters connecting with or tributary to coastal sounds or the ocean. The North Carolina Wildlife Resource Commission retains jurisdiction over regulation and licensing of fishing in inland waters.

CURRENT LITIGATION SURROUNDING COMMERCIAL FISHING IN NC

On November 10, 2020, the Coastal Conservation Association (CCA), along with 18 individuals, filed a lawsuit in the Superior Court of Wake County against the State of North Carolina to hold the State accountable for the destruction of our public-trust coastal fisheries resources from the State’s failure to manage them properly. The lawsuit alleges the State breached its duty to ensure current and future residents have a reasonable opportunity to harvest coastal fish stock under the public trust doctrine, breached its Constitutional duty to preserve natural resources under Article XIV, § 5 of our State’s Constitution, and failed to protect Plaintiff’s constitutionally protected right to harvest fish under Article I, § 38 of our State’s Constitution.

The complaint further alleges that North Carolina allows commercial fishing practices that result in substantial wastage of coastal fish stocks and result in critical habitat destruction due to the use of “unattended” gillnets and shrimp trawling in sounds or estuarine waters with significant populations of juvenile finfish. More specifically, the complaint alleges the populations of several stocks of fish that are historically significant to the public, including Southern flounder, river herring, striped bass, spot, croaker, and weakfish have significantly declined since the late 1980s due to the State’s mismanagement of coastal resources.

Plaintiff’s seek declaratory and injunctive relief to prevent the commercial fishing industry from continuing these practices. North Carolina is currently the only east coast state that allows shrimp trawling in sound and estuarine nursery areas.

1. The Public Trust Doctrine

 The public trust doctrine is a legal principle that certain land associated with bodies of water is held in trust by the State for the benefit of the public. The public is then entitled to certain rights associated with public trust lands which include, but are not limited to “the right to navigate, swim, hunt, fish, and enjoy all recreational activities in the watercourses.” N.C. Gen. Stat. § 1-45.1 (2017). While the State owns the watercourses, as well as the fish in them, it is a title held in trust for the people of the State to enjoy. Therefore, the State owes a duty to the public to have a meaningful opportunity to exercise these rights, which include harvesting fish.

2. Conservation of Natural Resources Clause of the N.C. Constitution

The CCA’s second claim alleges the State breached its Constitutional duty to preserve natural resources by “mismanaging North Carolina’s coastal fisheries resources.” Article XIV, § 5 of our State’s Constitution provides:

It shall be the policy of this State to conserve and protect its lands and waters for the benefit of all its citizenry, and to this end it shall be a proper function of the State of North Carolina and its political subdivisions to . . . preserve as a part of common heritage of this State its forests, wetlands, estuaries, beaches, historical sites, openlands, and places of beauty.

Article XIV, § 5. N.C. Const.

3. The Right to Hunt, Fish, and Harvest Wildlife Clause

 The CCA’s third claim alleges the State has failed to protect Plaintiff’s constitutionally protected right to harvest fish under Article I, § 38 of the State Constitution. Article I, § 38 provides:

The right of the people to hunt, fish, and harvest wildlife is a valued part of the State’s heritage and shall be forever preserved for the public good. The people have a right, including the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to laws enacted by the General Assembly and rules adopted pursuant to authority granted by the General Assembly to (i) promote wildlife conservation and management and (ii) preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. Nothing herein shall be construed to modify any provision of law relating to trespass, property rights, or eminent domain.

N.C. Const. Art. I § 38.

Current State of the Lawsuit

In January of 2021, the State filed a motion to dismiss the claim arguing they were immune from the lawsuit under the theory of sovereign immunity. The Superior Court Judge denied the State’s motion and the State appealed to the Court of Appeals. In September of 2022, the Court of Appeals affirmed the Superior Court’s Order. In November of 2024, the State filed a Motion for Summary Judgment in the Superior Court and the Plaintiffs filed a response in December of 2024.

A ruling on the motion is expected soon.

Categories: Blog