Lawsuit concerning rockfish limits still pending outcome

ROCK HALL — Rob Newberry, chair of Delmarva Fisheries Association recently provided an update to Kent County News on the progress of their lawsuit against the Atlantic States Marine Fisheries Commission (ASMFC).

“We’re still moving forward,” he said, “slowly and surely.”

They’re waiting to hear from Judge Richard D. Bennett of Maryland District Court for case 1:24-cv-00688, under Civil Action for Deprivation of Rights.

This lawsuit came about when ASMFC, An Interstate Compact, ratified by the states and approved by the U.S. Congress in 1942, had outvoted Maryland and decided to change the rockfish catch limit.

The rule reduces the recreational catch limit on striped bass from two bass 19-31 inches per person, to one fish 19-24 inches per person.

The rule went into effect May 1.

The Commission stated their purpose for changing the regulations is to reduce fishing mortality in 2024.

In Newberry’s opinion, this hurts the commercial, charter, and recreational fishing industry on the Eastern Shore and other states. He ran public forums where he said everyone had their hands raised in opposition to the mandate.

Newberry was supported by Kent County Commissioner Ron Fithian, who stated, “This is going to affect the lodging, restaurants...any and all of them. Quite frankly, it’s going to be a gut punch to the county. We’re speaking out against it.”

DFA filed the lawsuit on March 7.

To halt the mandate’s progress, DFA filed a Preliminary Injunction. They failed to attain that.

They have a case filed in Maryland, and also one in the Fourth District Court of Appeals in Richmond, Virginia.

Newberry is willing to take it to the U.S. Court of Appeals if it comes down to that.

Kent News was unable to reach out to ASMFC for a statement.

The DNR did not comment about the lawsuit either except for Director of Communications, A.J. Metcalf who only said the decision was not one that they made.

“DNR did not make the decision to limit rockfish to one per person, that decision was made through a vote at ASMFC, where Maryland was outvoted. Maryland had tried to allow charter boats to keep two fish per person, but were outvoted by other Atlantic states.”

Kent News will continue to provide updates as new details emerge.