Throughout this legislative session there has been a lot of talk about the 10th Amendment. Much of the talk has been high-minded rhetoric that focus on constitutional rights, basic freedoms and topical issues.  
This is not the case with SB668, a bill to “conform” Virginia’s fishing license laws to bring Virginia into compliance with federal regulations.  
The goal of the bill itself is laudable: the federal government wants more information on fishing pressure from the men and women who have rods and lures in the water.
But the mechanism being used is the legal equivalent of going around your back to get to your elbow — and the feds know this.
The federal government doesn’t have jurisdiction to require a license in state waters. Therefore, they passed regulations stating that a federal license would be required if one were to fish more than 3 miles off the coast into federal waters, OR if one were fishing anadromous species in coastal waters. Anadromous species essentially are the shad and rockfish, and the federal government has jurisdiction in this instance since the fish migrate in federal waters.  

A state could escape from the federal regulation if it passed its own regulations requiring a broad-based fishing license for all who fish in tidal water. Indeed, Virginia would need to amend its present license to include everyone who fishes off a dock and for each person on a boat.  
Why would Virginia or any other state be compelled to comply with such an adamant intrusion into their jurisdictional authority? Simply: money. If Virginia doesn’t broaden its current license, then Virginia fishermen will pay additional license money to the federal government ($15 or more per fishing license), which is kept by the federal government.  
But if Virginia were to broaden its own license (as proposed in SB668), then Virginians would be exempt from the federal license fee.  Additionally, Virginia would be eligible to receive increased federal “matching” grant money.  Oh, and let’s not forget the additional monies received from the increased number of individual Virginia licenses sold.
While I appreciate the goal of more information, to me this is just another example of federal “creep.” All over this state and nation people are worried about encroaching federal government — and now the feds are even writing our fishing licenses in state money.
So what do we do? Most in this building seem resigned — begrudgingly — to vote for the measure.  
I am not so quick to resign.
Delegate Albert Pollard, Jr., represents the 99th District, which consists of the counties of Lancaster, Northumberland, Richmond, Westmoreland, King George and a portion of Caroline, in Virginia’s House of Delegates. Delegate Pollard is currently in Richmond for the 2010 General Assembly.  You may contact his office at (804) 698-1099 or (804) 462-5940.  You may also visit his website at www.albertpollard.com for additional contact information.

Albert C. Pollard, Jr.