"This is how government is supposed to work." Charter fishing community avoids a day in court and can get back to the business of fishing

Throughout the last couple of weeks, a Norfolk-based lawyer and diehard angler has been working diligently behind the scenes on a Declatory Judgement and Injunction Action designed to get Virginia's charter fishing industry to full operation.

Alex Bell was scheduled to file that 38-page motion on behalf of Matador Sport Fishing Charters Friday morning.

But on Thursday, the Virginia Marine Resources Commission issued clarification to a May 15 document entitled: "Requirements for For-Hire Fishing Vessels to Operate During Covid-19 Pandemic."

The charter community argued that the rules did nothing to help their businesses and, in reality, made things worse.

In the meantime, behind the scenes, Bell was communicating with VMRC officials and the state's Senior Assistant Attorney General.

And after further review of Thursday's clarifications, he has decided not to file the injunction.

"We won," he said early Friday morning. "We raised issues, got what we wanted and this is how government is supposed to work."

Bell also praised VMRC Commissioner Steve Bowman for "doing the right thing and giving the charter community what they needed and wanted."

"We should give Bowman credit for this," Bell continued. "We talked to people, we had good points, they listened and revised the document, and that's good government."

A main sticking point in the May 15 "requirements" was enforcment.

Violating the governor's executive orders on distancing and other ways to avoid the virus did not fall under the VMRC's Marine Police Officers guidelines.

"We don't enforce executive orders," Bowman said two weeks ago. "We enforce fisheries violations."

On Friday Bowman, when told no injunction would be filed, said: "I am pleased we could assist in providing clarification. It is in no way our intent to impede anyone's ability to make an honest living. We simply want to safeguard the health of all involved in these trying times. Our charter fleet is not only a viable part of our economy, it is an important part of our tourism sector that showcases the beautiful waters that make Virginia a desirable destination for visitors."

Most of the guidelines in the May 15 document still stand, things like cleaning the boat, wearing masks, screening passengers and crew, social distancing.

The May 28 document outlines the purpose with some minor tweaking of how captains might think about proceeding.

"They are guidelines," Bell said. "The governor has allowed charter fishing operations to resume and per the executive orders they should social distance as much as possible.

"Bowman's guidelines lay out how the VMRC thinks charters should operate under the parameters of the executive orders."

Jake Hiles, owner of Matador, is on board with not filing the injunction. He has been critical of Bowman and the VMRC in the past.

Hiles issued a lengthy statement when he heard the news Friday morning:

"I'd like to thank Alex Bell for his determination. If it weren't for Alex's long hours and hard work, the charter fishing industry in Virginia would still be closed.

"I'd also like to thank the Virginia Attorney General's office for intervening and providing clarity to the law. These are uncharted waters and there is a learning curve. We now have clarity that, whereas, charter fishing was closed, then severely limited, we now have suggestions from the VMRC as to how we can operate our charter fishing businesses safely.

"We brought a problem to our government's attention and our government listened to our problems and corrected those problems. This is how things are supposed to work. I can't thank everyone who helped in this enough.

""No one wants anyone to get sick and we will work hard to prevent the spread of Covid-19 at Matador Charters.

"I'd like to thank Commissioner Bowman for stepping up to fix this, and I look forward to getting back to some sense of normalcy.

"This couldn't have come at a better time, as we are just at the start of our prime charter fishing season in Virginia. We look forward to seeing all of our friends and making memories on the water this summer."