The Supreme Court has denied a hearing for a coalition of Maryland fishing associations and charter boat operators seeking to overturn new striped bass fishing restrictions. But for Captain Robert Newberry, chairman of the Delmarva Fisheries Association, the legal battle is far from over.
“It’s not good that we were denied the hearing in front of the Supreme Court, but this is far from over. We are in it to win it! We will be announcing our next move within a week,” Newberry said, emphasizing that no other group in the state has fought as hard on this issue as the Delmarva Fisheries Association, the Maryland Charter Boat Association, and supporters like Brian Nesspor and Ken Jefferies.
The coalition had filed an emergency petition with the Supreme Court to block the Atlantic States Marine Fisheries Commission’s (the Commission) new restrictions, arguing they imposed “drastic, unwarranted, and illegal limitations” on striped bass fishing in the Chesapeake Bay and along the Atlantic coast. The March 4 petition claimed the regulations violated the U.S. Constitution and threatened the livelihoods of small fishing businesses.
Newberry learned of the decision from the Supreme Court just a week after filing. An explanation of the denial is expected to be forthcoming, he said.
I'm not surprised. The Supreme Court gets far more requests for intervention than it actually takes up. Moreover, it was not clear to me on what basis the watermen were claiming the courts should override the ASMFC's rulings; I assume these have been well litigated by now.
The Wombat has Rule 5 Sunday: Waitress on the Ramparts posted and garnering clicks at The Other McCain.
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