Posted on Thu, Jun. 26, 2003


Judge tosses out state limits on dolphin fish



Charleston A South Carolina law setting limits on catching dolphin fish is unconstitutional, a state judge has ruled.

The ruling by Circuit Judge Victor Rawl is a victory for commercial fishermen who said the law put them at a disadvantage with fishermen in other states. They also said the law did nothing to protect dolphin fish, which are not the same as the marine mammal called dolphin.

Rawl, in a ruling last week, said parts of the 3-year-old state law conflicted with federal law and the U.S. Constitution.

The law set limits of 4,500 pounds of dolphin fish per trip for commercial fishermen and 180,000 pounds per year for wholesalers that buy the fish.

The state's territorial waters extend three miles from the coast. But most commercial fishermen operate in federal waters, which are between three miles and 200 miles off the coast.

As a result of the law, commercial fishermen simply unloaded their catch in nearby states. The law's real effect was to make it longer before the fish got to market, said attorney Bill Scott, who represented the plaintiffs.





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