A coalition of Maryland fishing associations and charter boat operators have escalated their legal battle against new striped bass fishing restrictions, filing an emergency petition with the U.S. Supreme Court seeking to block the regulations. Captain Robert Newberry, chairman of Delmarva Fisheries Association stated, "We will take this case to the highest court until this matter is resolved — it is far from over."
The Delmarva Fisheries Association and the Maryland Charter Boat Association, along with two individual commercial fishermen, argue that the Atlantic States Marine Fisheries Commission's (the Commission) recent measures impose "drastic, unwarranted, and illegal limitations" on striped bass fishing in the Chesapeake Bay and along the Atlantic coast. The petition, filed March 4, claims the restrictions violate the U.S. Constitution and could jeopardize the livelihoods of many small businesses.
The case follows months of legal disputes in lower courts, where the plaintiffs sought a preliminary injunction to halt the Commission's 2024 striped bass management plan, known as Addendum II. The plan, approved in January by a 14-2 vote, reduced commercial quotas, shortened fishing seasons, and limited recreational anglers to catching just one striped bass per day instead of two.
Maryland and New Jersey voted against the measure, but Maryland ultimately implemented the restrictions under pressure from the Commission and federal agencies. The Maryland Attorney General's Office acknowledged in a letter that failing to comply could trigger a federal moratorium on all striped bass fishing in state waters.
When confronted with having to cut the catch limitation in half, Assistant Director and Fisheries Manager at the Maryland Department of Natural Resources and proxy to the Marine Fisheries Commission Michael Luisi, warned the Commission that limiting Maryland’s charter boat clients’ catch to one fish a day “will put people out of business.”
Documents filed with the court by the plaintiffs state Luisi was "pointedly correct in this assessment but the ASMFC and its federal and other illegally voting partners as well as other member states, including Maryland at that point, decided that its guesstimate on fish-spawning futures five years into the future was more important than the impending demise of these family-run, small businesses."
Newberry said, it is was "extremely perturbing that Governor Moore and Attorney General Anthony Brown turned their backs on us in the seafood industry in Maryland and also all of us here on the Eastern Shore." Moore never weighed in on this constitutional issue affecting those in the seafood industry, but will "spend millions of taxpayers dollars defending the citizens of Maryland against the so-called constitutional violations of President Trump," Newberry said. "We have not only been left behind, we have tire tracks on our backs from where we have been run over, and left behind."
"The economic damage is undeniable," said Brian Hardman, president of the Maryland Charter Boat Association. "We've seen a 75-85% decline in business, boats being sold off, and captains leaving the industry. The Commission rushed through regulations without considering the devastating impact on local livelihoods."
Hardman continued, "...the 2025 numbers are continuing to be off by the same ratios or worse; that an unprecedented 53 charter boats have been sold or listed for sale since 2024; and, that 43 “for hire” Charter Boat businesses have already been forced to close their doors with another 11 companies losing money at a rate that will soon bring about the same result."
The legal challenge focuses on alleged constitutional violations, including the 10th Amendment's prohibition on federal overreach, the 5th Amendment's protection against government takings without just compensation, and the 14th Amendment's due process clause. The plaintiffs also argue that the Commission, originally established as an advisory body, has unlawfully assumed regulatory powers without proper state and federal oversight.
Despite warnings from industry representatives that the new rules would cripple the state's fishing economy, the Commission stood by its decision, citing concerns about overfishing and the need to rebuild the striped bass population by 2029. However, critics claim the commission relied on faulty data, pointing out that the agency's own projections have fluctuated — from a 97% chance of population recovery in 2023 to just 15% in 2024, before rebounding to 50% in 2025.
In a statement, the Commission defended its methodology, emphasizing that conservation measures are necessary to prevent further declines in the striped bass stock. "The science may be imperfect, but the consequences of inaction could be severe," said a Commission spokesperson. "We understand the economic hardship this creates, but the long-term health of the fishery must come first."
Yet the plaintiffs stated, there are in excess of 240 million striped bass in U.S. waters and the annual number of fishing removals is approximately six million.I won't pretend to understand the legal issues, or the likelihood the Supes with side with the watermen, but I know that if we don't continue to protect stripers, it's going to get very difficult for the average non-commercial non-charter fisherman to find them.
The Supreme Court previously declined to hear an emergency appeal in May, citing a lack of prior appellate review. The plaintiffs now return to the high court after exhausting their legal options in the U.S. Court of Appeals for the Fourth Circuit, which ruled in February that the lawsuit should be dismissed because the plaintiffs had sued the Commission rather than the state of Maryland.
The Wombat has Rule 5 Sunday: Waitress on the Ramparts posted and garnering clicks at The Other McCain.
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