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.