Cobia Rec Fishing Bust info on the VA board

[SteveL]

http://www.tidalfish.com/forums/show...er-limit-cobia

VA Marine Resources Commission hearing on blatant rec cobia poaching. Secret compartment, serial cobia violations way over the limit, wow. Two year license suspension by the Commission, too bad its not a lot more.

Interesting stuff!!

[SteveL]

Jim,

There was a very long thread on this issue on the VA forum that was started when the defendant was busted this summer; Brandon locked the thread last night, but if you go through it there is some very interesting reading.

I do not have much knowledge of fishery management and enforcement at the state level in VA. What is most interesting to me is that, based on the audio, it appears that the VA Marine Resources Commission (it was a VMRC hearing, it was not a legal proceeding in front of a judge) has authority independent of the state judicial system to sanction outlaws. So the proceedings resulted in some kind of administrative (?) restriction resulting from a Commission ruling that is separate and apart from the judicial process--the defendant was already found guilty in a separate legal proceeding. The defendant was very confused by the Commission hearing.

I would love to know more about the system in VA re: the VMRC. Maybe Tom Powers or someone that is familiar with the VA process or one of the attorneys that follows this stuff can give us more information.

[27 sailfish]

How can he even think of filing an appeal when he was caught with fish hidden in a secret compartment ?

Poachers must see the world different then most of us.

One good thing - a lot of Va. anglers know him and his boat and likely will keep close eye on him.

$5.00 will get you $10.00 - he is back in the news within 5 years.

[Tom Powers]

In saltwater fishing, VMRC is given the specific authority to revoke licenses or permits by state code section, it also has provisions for appeal, just like every other action that the Commission takes. On the latter, if you think about it, there has to be an appeal process, with the courts it is to a higher court with VMRC it is to the court

Normally, it takes three or more violations taking place on three or more different days, before someone is brought before the Commission. For things like to many small crabs, or moderate violations, the individual is usually put on probation for 12 months. One more violation and they are brought before the commission and their license is revoked. Usually the Commission does not judge on guilt rather it waits until after convictions in a court of law. They will revoke licenses for failure to report, etc. Also blatant violations or abuse of an MPO can get you a letter to appear.

I am not sure of the authority of a Judge to revoke a saltwater license or permit. When I have heard of such cases they are followed a few months later (notices and all) by a hearing at VMRC where the licenses are revoked by the Commission. I have heard words like . . . in state code the authority to revoke a license is given to the Commission . . . . Maybe the judge can say that you are not allowed to fish and the Commission has to revoke the license(s).



§ 28.2-232. Revocation of licenses.
The Commission may revoke and prohibit the issuance, reissuance, or renewal of any licenses if, after a hearing held after ten days' notice to the applicant or licensee, it finds that the person has violated any provision of this subtitle.
The duration of the revocation and prohibition shall be fixed by the Commission up to a maximum of two years, taking into account (i) evidence of repeated or habitual disregard for conservation, health and safety laws and regulations; (ii) abusive conduct and behavior toward officers; and (iii) the severity of any damage that has occurred, or might have occurred, to the natural resources, the public health, or the seafood industry.

An appeal from the Commission's decision may be taken to the courts as provided in Article 3 (§ 28.2-216 et seq.) of this chapter.

Chapter 216 ends up going to . . .


§ 28.2-219. Judicial review in contested cases.
Any person aggrieved by a final decision in a contested case is entitled to judicial review in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).

[SteveL]

Tom,

Thanks very much for the original post on the VA board and for providing the follow up info on the Conservation Board!