Update on Coastal Fisheries Trial: Closing Arguments

February 24 – 25, 2026

This week wrapped up the trial over the State’s failure to preserve once-abundant, important citizen fisheries in our coastal waters. The evidence and testimony had all been presented over the past five weeks, and on Tuesday and Wednesday, each side had the opportunity to make closing arguments.

The CCA NC attorneys went first with a discussion of the law to be applied by the Court when it considers all the evidence that was presented. They explained that under the public-trust doctrine and the North Carolina Constitution, the State has the duty to manage its coastal fisheries to: (1) preserve and protect them from injury, harm, or destruction for all time; (2) preserve and protect the general public’s right to fish and harvest fish; and (3) carry out these duties for the benefit of all of North Carolina’s current 11 million citizens, as well as future generations of citizens. Consistent with that duty, they also discussed how the legislature, in the Fisheries Reform Act of 1997, required fisheries managers to ensure the “long-term viability” of important coastal fish stocks.

Our attorneys then highlighted key testimony and exhibits that were introduced at trial showing that the State has failed to meet this standard. For example, the Court heard from some of the nation’s leading experts in fisheries science and management who explained that none of the estuarine coastal species managed by the State demonstrate long-term viability, and that this was the result of actions taken (or, in many cases, not taken) to manage these fisheries. The Court also heard from multiple, lifelong anglers who were firsthand witnesses to the abundance of many of these fisheries decades ago, testifying how that abundance has sadly declined.

In response, the State’s attorneys argued that the State was meeting its trustee duty as long as the public has at least some opportunity to catch some fish recreationally. CCA NC’s attorneys then provided a rebuttal argument, which explained how the State has continually sought to improperly minimize its duty to protect and preserve the public’s coastal fisheries—a duty that is well-established under North Carolina law.

Now that the trial is over, each side of the case will submit post-trial filings in late April and early May. The Court will then issue a decision in the case some months later.

CCA NC is appreciative of all of the volunteers and contributors who made it possible for us to pursue this case, take it to trial, and reveal the hard truths about the State’s failed management of our shared coastal fisheries resources. Many hands made it possible for us to lay out a comprehensive case over the past six weeks, and all of those contributions—including from so many of you, our members and supporters—proved to be invaluable. You have truly made a difference, and we thank you.