Tangier Sound Watermen's Assoc. v. Douglas

MEMORANDUM OPINION

WARRINER, District Judge.

I

This action involves a constitutional challenge to several Virginia statutes that deny to nonresidents the right to commercially harvest blue crabs in the Virginia waters of Chesapeake Bay. Section 28.1-165 of the Virginia Code provides commercial crabbing licenses may be issued only to Virginia residents. Section 28.1-57 of the Virginia Code makes it a misdemeanor for a nonresident of the State to take or catch “fish” in any of the tidal waters of Virginia in any other way “than by line, rod, or pole held in hand.” 1 The term “fish” is defined by…