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Washington is imposing new regulations on saltwater fishing and a protest that would bring joy to Patrick Henry has arisen in the House of Delegates.

The fed periodically promulgates new rules on saltwater fishing and coastal states have a Hobson’s choice: They can either adopt the rules and incorporate them into their standards for granting a state fishing license; or they can ignore the regs and thereby force anglers to acquire a special federal saltwater fishing license in addition to their state permit.

Either way, the standards go on the books and are enforced, by state game officials or the U.S. Coast Guard.

The latest federal regs are far-reaching. They require licensing of saltwater anglers who cast lines from their own property and their guests. They require licensing for people on boats who once were allowed to fish under the permit of the vessel’s owner.
Amid grumbling, the state Senate earlier this month approved legislation that incorporated the regs into state law. But the House said the federal government has gone too far. Two delegates – Democrat Albert Pollard of Lancaster and Republican Lee Ware of Powhatan – convinced colleagues to approve an amendment under which applicants for state saltwater fishing licenses would receive a document saying:

“WARNING: The federal government, through the National Marine Fisheries Service, has pressured the General Assembly of Virginia to discontinue certain exemptions to Virginia’s fishing license laws. The exemptions Virginia is pressured to remove include the exemption for fishing off of a private dock and fishing from a recreational boat if such boat is already licensed. The General Assembly has declined to end such exemptions. As a result, any fisherman harvesting rockfish, shad, or other incidental anadromous species and any fisherman fishing more than three miles off the coast must obtain a separate federal license.

“If you do not support this federal law, please contact your elected officials serving in the U.S. Congress.

“Please be advised that no law-enforcement officer of the Commonwealth, including the Virginia Marine Police and conservation police officers, shall enforce the requirement to obtain such a federal license. Only the U.S. Coast Guard or other federal authorities shall enforce the additional federal license requirement.”
§ 28.2-302.1:1. Saltwater recreational fishing; federal licensing requirements.

“No law-enforcement officer, as defined in § 9.1-101, shall enforce federal laws and regulations requiring a resident of the Commonwealth to obtain a fishing license issued by the National Marine Fisheries Service.”

The Senate has rejected the amendment and SB668 is headed to a conference committee.

Post a Comment (3) | Permalink

I have enjoyed saltwater fishing for over 53 years and I have witnessed the many regulations that have been made by the state and federal government over the years. Some have been clearly understood and some have not. It seems now that the latest from the government is treading on basic rights. I know that I have to show responsibility and through conservation and restraint insure that we do not deplete our coastal waters of fish. The government officials do not have the right to put a cost on everything. Next I will need a breathing license. Cost to be determined by my lung capacity. I have a license from the state , thats enough and don’t tell me what I or my guess can do on or from land I own as long as its not a criminal act. It’s time to get rid of CAREER politicians.

Many years ago the VA General Assembly had to deal with the issue of licensing VA’s fresh water fishermen. There have never been any boat licenses available to these fishermen nor have their been any exemptions for those fishermen fishing from the banks of rivers or from piers that extend into to public waters that allow them to fish without licenses. Why should this be any different for salt water fishermen?
In 2006 the re-authorization of the Magnuson-Stevens Act required that the National Marine Fisheries Service (NMFS) must start considering the economic impact of salt water recreational fishermen when developing fisheries managemnt plans. The only way to do this is to know, in as much as is practical, how many people in the US are recreational salt water fishermen, thus the requirement for individual licensing of all salt water fishermen, either through a Fed. Gov. system or through acceptable state licensing systems.

During the 2010 VA General Assembly session the VA Senate passed SB668 which would establish an individual license for all of VA’s salt water fishermen and also allow for exemptions to those fishermen who fished from licensed charter and head boats, provided for short term licenses as well as considerations for the ederly etc. The House of Delegates passed an amended version of the bill that said that VA would not be required to enforce any federal mandate of the required licensing and that enforcement of the federal registry would not be honored. However, the Virginia Marine Resources Commission (VMRC) Law Enforcemnt divison has an agreement with the National Ocean & Atmospheric Administration (via NMFS) to enforce national fisheries regulations.

The decision of the VA House of Delegates to essentially gut the original bill has resulted in a delima. The VA Senate has rejected the House decision (amended bill) by a vote of 36-2 and now the bill must go to a Conference Committee for a final decison. 

Up for consideration are 1) submit the original bill SB668 to the Governor for his approval or 2) provide for an angler registry that will require each recreational salt water angler to register with VMRC and acquire a Fisherman Identification Number (FIN) which will cost VMRC approximatley $450,00.00 per year to manage. However, with the current budget crisis, there is not enough money in the Recreational Fisheries Development Fund (RFDF) ( monies collected from the sale of the sale of recreational salt water licenses) to cover the costs of this type of program. Therefore there will have to be an increase in the cost of the current licensing program for VA’s recreational salt water fishermen.
What does this mean? Clearly, those anglers who purchase a license will be paying for the registration of those who do not feel they must pay their fair share by buying an idividual license.
For those of you who don’t or did not support the original version of SB668 and who support the House of Delegates amended version, here is the possible outcome of your decision.
Not only will you have to buy your individual or boat license, you will also have to pay ( in 2011) for a Federal License that will be $25.00 per person. This Federal license money will revert to the Fed. Govmnt. and VA will not receive any of this money for recreational fishing enhancement.

Many things are at stake here. 1)Proper recognition of the National Receational Salt Water Fishermen,2) Better data collection and 3) proper allocation of Wallop Breau Funds (excise taxes paid on fishing equipment)to the state of VA. Having an individual recreational salt water fishing license for every VA ciitizen who fishes salt water fisheries will help accomplish this. Contact your Delegate or Senator today and tell them to support SB668 in its origianl version.

David Nobles
Providence Forge VA

Thank you David. That makes it clearer.