CHARLESTON - An S.C. 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.

"The fish is not endangered in any way," said Ivan Miller, a commercial fisherman who was a plaintiff in the suit. He called the suit "just a political thing they wanted to do to satisfy the sport fishing industry."

As a result of the law, commercial fishermen simply unloaded their catch in nearby states.

The law's real effect was make it longer before the fish got to market, said attorney Bill Scott, who represented the plaintiffs.

"The reality of it was, South Carolina wasn't getting fresh fish," he said.

State Rep. Chip Limehouse, R-Charleston, said he was disappointed by Rawl's ruling.

He said federal regulations are needed to prevent overfishing of dolphin fish and hoped the S.C. law would help spur tougher federal limits. But, he said, even without such laws elsewhere, South Carolina had to act.

James Quinn, an attorney with the state Department of Natural Resources said there are no plans to appeal Rawl's ruling.

The lawsuit was part of an ongoing feud between commercial fishermen and sport fishermen.

Commercial fishermen complain more regulations are being pushed by sport fishermen. "The sport fishing industry wants to take over the ocean," said Miller, one of the fishermen who sued.

Sport fishermen say commercial fishing is depleting the stock of fish.

Dolphin fish are not considered overfished, according to a Natural Resources official who testified during the lawsuit.