NC violated duty to protect fish populations from collapse, judge rules

Lily Carey, The News & Observer (Raleigh) on Aug 18, 2026

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RALEIGH, N.C. — Forty years ago, North Carolina’s coastal fisheries were nearly overflowing with local species like the Atlantic croaker, spot and weakfish.

But today, experts say the once-abundant coastal waters are nearly empty, after decades of overfishing led to a staggering decline in local fish populations.

That decline is due in part to state inaction, a Wake County Superior Court judge ruled Monday. In the latest twist of a landmark case that’s spanned over six years, the court found that North Carolina violated the public’s constitutional rights by not doing more to protect fish populations.

“It is the state’s duty to manage our public trust fish,” Judge Brian Collins wrote. “The data gaps the court has found in this case are themselves evidence of management failures by the state.”

In 2020, the Coastal Conservation Association of North Carolina sued the state along with over 80 citizens, accusing the state of allowing harmful practices like overfishing and shrimp trawling that led to the collapse of local fisheries.

Then in 2022, the North Carolina Court of Appeals unanimously ruled that the state could be held liable for the population collapse, because state officials are obligated to protect fisheries for the public. The Superior Court found on Monday that the Appeals Court’s ruling was a “binding precedent” in this case.

The state and the Division of Marine Fisheries were represented by lawyers from the N.C. Attorney General’s Office. A spokesperson told The News & Observer that their team is reviewing Monday’s decision.

During a six-week trial earlier this year, several former state officials testified that the fish population collapse is due to years of “ineffective mismanagement” by the N.C. Division of Marine Fisheries.

One expert, Dr. Greg Stunz from the Harte Research Institute at Texas A&M University-Corpus Christi, called North Carolina’s fisheries management “as bad as I’ve ever seen for any U.S.-based fisheries.”

Other experts presented evidence that none of the 13 fisheries that North Carolina manages are showing signs of long-term viability.

In North Carolina, each of these fisheries consists of one fish species that the state’s Division of Marine Fisheries is tasked with monitoring; they’re supposed to restrict commercial and recreational fishing if needed in order to keep populations afloat.

The parties to the lawsuit now have 45 days to come up with recommendations for how to move into the “remedy phase” of the case, which could include more court proceedings.

David Sneed, the Coastal Conservation Association’s executive director, said in a statement Tuesday that he hopes the decision will push the state’s fisheries toward a “bright future.”

“With this ruling, we are calling on the general public, our elected officials, our scientific community, and state fisheries managers to join together with us, roll up our sleeves, and commit to doing the hard work necessary to restore our coastal fisheries resources for the benefit of all citizens and future generations,” Sneed said.

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