NC appeals ruling that it mismanaged the state's coastal fisheries

The tug-of-war between regulators and recreational fishermen isn't over as North Carolina has decided to appeal a judge's ruling that the state has mismanaged its coastal fisheries.

The move comes roughly a month after a Wake County judge found that there was overwhelming evidence that the state had failed to protect and manage its fish stocks in the public interest of all North Carolinians.

In the case filed by the Coastal Conservation Association of North Carolina and dozens of other private individuals, the recreational fishermen argued that the regulators failed to adequately protect the state's fisheries for long-term sustainability and the benefit of all residents.

But how to turn the proverbial tide while protecting the interest of all parties

− recreational fishermen, commercial fishermen and the fish themselves − remains as murky as ever. The state's decision to appeal the case drags that process out.

"This meritless appeal does not change the need to act to restore our coastal fisheries, and North Carolinians have waited long enough for meaningful progress," said David Sneed, executive director of the conservation association, noting that the legal case has already dragged on for six years.

State officials declined to comment on the appeal, citing the ongoing litigation.

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What was the legal tussle about?

The case filed by the association alleged that the state hadn't effectively maintained its fisheries, which are considered a natural resource to be managed for the benefit of all North Carolinians.

Both the state constitution and the 1997 Fisheries Reform Act bound North Carolina to rebuild any fishing stocks that get depleted. That has led the state to get involved in managing several commercially and recreationally important species, including flounder, shrimp, blue crab and striped bass.

But the best way to manage the state's fisheries has been contentious for decades, especially as pressure on popular species has increased as stocks have decreased even as the popularity of fishing − at least on the recreational side − continues to explode.

To date, not one of the 13 coastal fish stocks managed by North Carolina is considered recovered and viable, with many still considered overfished.

The dispute between commercial and recreational fishermen over who deserves a bigger share of a shrinking pie often extends well beyond the state's coastal sounds and waterways. It has played out in the halls of the N.C. General Assembly and pitted the old, traditional North Carolina where fishing is a way of life as much as a business necessity against the "new" Tar Heel State where part-time anglers and vacationing fishermen fuel many local coastal economies.

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What is the state's argument?

The Sept. 16, 2026, filing by the N.C. Department of Justice, which defends all state agencies including the N.C. Division of Marine Fisheries in legal matters, is just a notice that North Carolina intends to appeal the ruling to the N.C. Court of Appeals.

"The order in liability phase affects a substantial right that would be lost, prejudiced, and/or inadequately preserved without an immediate appeal," the legal filing states.

During the earlier court case, the state argued that economics, lack of political support for unpopular but potentially necessary management measures, financial limitations, and even impacts from climate change are reasons for the difficulties regulators have had in managing the state's fisheries − never mind that managing a wild ecosystem is inherently difficult and challenging.

In his ruling, Judge G. Bryan Collins found that the state had failed to meet its obligations to manage the state's fisheries in the best interest of all North Carolinians.

The court said that the state needed to do more than take steps to prevent a complete collapse of a fishery or meet minimal stock thresholds, but must work toward maintaining and building a healthy, self-sustaining fish population over time.

The Aug. 17, 2026, decision ordered the parties to meet and within 45 days prepare a joint report to remedy the situation.

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What could some remedies be?

But what steps to take if all parties are serious about creating conditions for fishing stocks to recover promise to be controversial, unpopular, politically sensitive and could devastate historic and culturally significant professions in small coastal communities that have few economic opportunities other than relying on the ocean.

The issue of bycatch promises to remain a major bone of contention, with many environmental and recreational fishing groups arguing that the issue hasn't been been adequately addressed by state regulators. Of particular focus is the amount of discarded fish caught by shrimp trawlers in coastal waters and fishermen using gillnets.

But shrimpers argue stiffer bycatch rules could force a wave of small fishermen out of business, devastating coastal communities. In 2025, a last-minute move by supporters of a proposal to ban shrimp trawling in the state's inland waters prompted a fierce and angry response from fishermen and their coastal allies − and even spawned a rare ugly public dust-up between Republicans in Raleigh.

While state officials declined to comment on the ongoing case, at an Aug. 20, 2026, meeting of the N.C. Marine Fisheries Commission meeting, Reid Wilson, head of the N.C. Department of Environmental Quality, said the agency was reviewing the judge's decision and working with stakeholders to determine the next steps and where things go from here, since it's really uncharted waters.

“There is a next phase, the remedy phase, and I don’t think anyone in this room knows how all this is going to turn out," he said. "But obviously, you all on the commission, we at the department, the division, and stakeholders are going to be working together in the coming years, once we have a final answer from the court system about what we’re supposed to do to address what this particular judge found, so that’s going to be a big focus probably for years."

Reporter Gareth McGrath can be reached at [e-mail] or @GarethMcGrathSN on X/Twitter. This story was produced with financial support from Journalism Funding Partners. The USA TODAY Network maintains full editorial control of the work.

This article originally appeared on Wilmington StarNews: NC appeals ruling that it mismanaged the state's coastal fisheries