? regulations

[dumpling5670]

how are the regulations  and rules put into law as everyone should know any laws have to pass through the general assembly and signed by the governor for it to become a law.have any of these new regulations gone to the general assembly for a vote,like the law you can only crab from 5am to 1pm and 6am to 2pm.what i am saying is if the have not been sent to the general assembly we can stick together and fight all the rules and regulations vmrc makes and try to enforce. where are our rights as bussiness owners nobody tells walmart when to open and close or any other business!!!!! We own our own workboats and gear to make an honest living and vmrc is trying to take our civil rights from us.every united states citizen has the right to make an honest living.we have to go out in the heat of the day to fish our pots ,our catches are dying before reaching market and causing a health hazard.maritime law over rules any state law that is made.scallop boats can fish 24/7 and haul seiners can work anytime why not crabbers.why are we letting vmrc rule our lives??this is suppose to be a free country!!

[Tom Powers]

The general assembly has given regulatory authority for saltwater fish (except menhaden by purse seines), shell fish and habit to VMRC just as it has given the same authority to DGIF for hunting and fresh water fish.  State Code is done by the legislature, Administrative code is done by agencies like VMRC.  Unless they have the clause “unless otherwise stated in regulation” or something like that laws that are in state code come first and can not be changed by VMRC.  Thus the legislature can “overrule” VMRC regulation.  That being said, while individual legislators may be aware of regulation changes, there is no formal approval process by the legislature.

Regulations for crabbing usually start with:

(1) Someone bringing up a matter to the VMRC Blue Crab Advisory Committee which is made up mostly of commercial watermen.  I am the sole recreational member of that committee.  My understanding is that the BCAC is about to get new members appointed. 

(2) Someone speaking to the Commission during the audience for visitors.  If you intend on doing this, it is advisable to speak to staff a week or two in advance so that they can be ready to respond to the Commission on the spot.  The audience for visitors is generally the first agenda item after they are done with habitat (piers, etc.) issues.

(3) Someone approaching a Commissioner; that Commissioner bringing the matter up at a Commission meeting and (usually) sending it to the BCAC.

(4) VMRC staff bringing issues before the Commission, usually in response to some outside study, committee, enforcement problem, etc.

After they leave the advisory committee, staff presents them to the Commission which can either do nothing or advertise for a public hearing.  The public hearings are advertised in the larger newspapers and on the VMRC web page 15 days in advance.  At the public hearing, staff does a presentation and the Commission is given (in advance) any letters, emails, etc. that were written in response to the public notice.  Afterwards anyone present is allowed to speak on the matter.  After the public hearing the Commission generally votes the matter up or down on the spot.  Occasionally, they will defer the matter for a month so that they can consider the matter further, and vote on it a month later with no more public oral public comment, but written comments are again given to the Commissioners a few days before the meeting.

The 8 hour work day was put in place as a measure to come into compliance with the 15% reduction recommended by the bi-state blue crab advisory committee about 4 or 5 years ago.  There were several regulations including, the deep water sanctuary the moratorium on transfers and new licenses put in place in order to meet that.  The 8 hour work day had two purposes first to reduce the effort, second effect, which some would say was intended was to push out the part time commercial crabbers.  In my opinion all of these measures were put in place to slow down an overcapitalized fishery, (to much gear, to many licenses in place for the amount of crabs out there).  The crabs still have not yet recovered as had hoped.  The way that I understand it, until the spawning stock biomass recovers sufficiently the only way that any of the regulations will be loosened up will be for others to be tightened up.   

So if you don’t like the 8 hour work day, what do you suggest be changed in order to open up the time?

Tom

[dumpling5670]

its not the 8hr day that is the problem.what happens when you go out in the water all day do you get sun burned,hot????try working in waterproof foul weather gear in the heat of the day in the middle of summer!!!!!!And I mean work not with a fishing pole either.besides what do you know?We should be able to go at 1am if we want to do so.Anyway try stopping the crabbers that are setting 500 to 1500 traps (something that is illegal) try taking away the peeler pots for 1 to 2 years that will repopulate the rivers fast.HOW CAN YOU HAVE ADULT CRABS WHEN THEY ARE BEING HARVESTED AS BABYS.PEELERS HAVE TO SHED TO BECOME ADULT CRABS.!!!!anyway if you start at 1am be done at 9 or 10am before it gets tooo hot.