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How
much difference can 1/16 of an inch make? According to some of North
Carolina crab dealers that seemingly insignificant increment can make
all the difference in the world and they aim to do something about it.
North
Carolina regulations call for a 5-inch crab but North Carolina officials
figure they can give crabbers and dealers a bit of a break. For nearly
two decades NC Division of Marine Fisheries (DMF) Law Enforcement have
provided that favor by measuring crabs with a 4 5/16-inch stick. In
recent years, however, some officers have been issued 5-inch measuring
sticks so not everyone gets the same break.
Floyd
Ashton, of Ashton Seafood Co., and other crab dealers are saying
"Thanks, but no thanks" to the arbitrary favor. In fact,
they're supporting a petition requesting the Marine Fisheries Commission
and the DMF to rethink it's position on crab measurement and hold North
Carolina crabs to the 5-inches the law requires.
These
dealers say selling undersized crabs to other states, like Maryland and
the District of Columbia, can amount to a felony arrest, exorbitant
fines and jail time under the Lacey Act.The Lacey Act decrees that it is
unlawful to "import, export, transport, sell, receive, acquire or
purchase any fish or wildlife or plant taken, possessed, transported, or
sold in violation of any law, treat, or regulation of the United States
or in violation of any Indian tribal law."
According
to Ashton, the extra tolerance for crabs in North Carolina becomes a
real problem under the Lacey Act. "If they moved us to the 5-inches
tolerance here in North Carolina, that would mean 13 to 15 crabs to the
bushel. We would still be illegal in states with a 10 crabs per bushel
tolerance," Ashton says. "But going the other way, having 15
or more crabs on a 10 crab per bushel tolerance, you can easily find
yourself in serious trouble, if you know what I mean."
One
former North Carolina crab dealer is sitting in federal prison right now
after running into the kind of trouble dealers like Ashton are worried
about. "Ole Darryl Lilliston, he used to own Lilliston Seafood,
he's sitting in jail right now," says Ashton. "He got four
months in federal prison, four months house arrest and two or three
years supervised probation. They made him pay some substantial fines
and, of course, it ran him right out of business. What happened to him
could happen to anyone."
In
1998 Ashton fell into the same trouble that put Lilliston behind bars.
Luckily for Ashton, at that time penalties were not as unforgiving as
they are now. But even then Ashton says he was treated like a common
criminal for an honest mistake.
When
Ashton was taken to jail, he says the only thing that separated him from
a violent criminal was that he was not forced to wear shackles. He was
fingerprinted, caged and sent before the judge - all for selling crabs
that were perfectly legal in North Carolina.
"I
don't think altering the way the Marine Fisheries measures crabs will
make a world of difference but I do think it will help," Ashton
says. "If everybody knows that crabs have to be 5-inches, not
almost 5-inches, then I think that will be a wonderful step toward
making it possible for North Carolina dealers to sell our crabs to other
states."
The
DMF is slow to respond to complaints about the existing measuring
system. Many dealers are glad for the extra tolerance and feel that it
is the dealer's job to make sure his crabs are culled to whatever
regulations require. But even opponents of the petition agree that the
Lacey Act goes to far.
"If
I get caught in my county with a little bit of marijuana they'll take
$35 and smack me on the hand," Ashton says. "But if I get
caught with crabs that are just a little bit small they want to throw me
in jail and take my business. What's right about that?"
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