Whereas, Maryland and Virginia are both vitally interested in conserving andimproving the valuable fishery resources of the Tidewater portion of thePotomac River, and
Whereas, certain provisions of the Compact of 1785 between Maryland andVirginia having become obsolete, Maryland and Virginia each recognizing thatMaryland is the owner of the Potomac River bed and waters to the low-watermark of the southern shore thereof, as laid out on the Mathews-Nelson Surveyof 1927, and that Virginia is the owner of the Potomac River bed and waterssoutherly from said low-water mark as laid out, and that the citizens ofVirginia have certain riparian rights along the southern shore of the river,as shown on said Mathews-Nelson Survey, and, in common with the citizens ofMaryland, the right of fishing in said river, Maryland and Virginia haveagreed that the necessary conservation and improvement of the Tidewaterportion of the Potomac fishery resources can be best achieved by a Commissioncomprised of representatives of both Maryland and Virginia, charged with theestablishment and maintenance of a program to conserve and improve theseresources, and
Whereas, at a meeting of the Commissioners appointed by the Governors of theState of Maryland and the Commonwealth of Virginia, to wit: Carlyle Barton,M. William Adelson, Stephen R. Collins, Edward S. Delaplaine and William J.McWilliams, Esquires, on the part of the State of Maryland, and Mills E.Godwin, Jr., Howard H. Adams, Robert Y. Button, John Warren Cooke and EdwardE. Lane, Esquires, on the part of the Commonwealth of Virginia, at MountVernon, Virginia, on the twentieth day of December, in the year one thousandnine hundred and fifty-eight, the following Potomac River Compact of 1958between the Commonwealth of Virginia and the State of Maryland was mutuallyagreed to by the said Commissioners:
Now, therefore, be it resolved by the Commissioners appointed by theGovernors of the State of Maryland and the Commonwealth of Virginia, meetingin joint session, that they do unanimously recommend to the said respectiveGovernors that there be a new compact, to be designated as the "PotomacRiver Compact of 1958," and that the said new compact be referred aspromptly as possible to the legislatures of the State of Maryland and theCommonwealth of Virginia for appropriate action, and to the end and afterratification and adoption by said legislatures the same be submitted to theCongress of the United States for approval.
ARTICLE I COMMISSION - MEMBERSHIP AND ORGANIZATION
§ 1. Commission created. - The Potomac River Fisheries Commission,hereinafter designated as "Commission," is hereby created.
§ 2. Members. - The Commission shall consist of eight members, four fromMaryland and four from Virginia. The Maryland members shall be the Secretaryof the Department of Natural Resources of Maryland or its successor agency orthe Secretary's designee, and three members at large to be appointed by theGovernor of Maryland with the advice and consent of the Senate of Maryland.The Virginia members shall be three members of the Virginia Marine ResourcesCommission or its successor agency, and one member at large, to be appointedby the Governor of Virginia. If the membership of the Virginia MarineResources Commission exceeds three, then the three Commission members fromthe Virginia Marine Resources Commission shall be selected by the Governor ofVirginia; and if the membership of the Virginia Marine Resources Commissionis less than three, the four Commission members from Virginia shall be themember or members of the Virginia Marine Resources Commission, and suchadditional person or persons who shall be appointed by the Governor as may benecessary to constitute a total of four Commissioners.
§ 3. Term, vacancies. - The term of Commissioners who are members of theVirginia Marine Resources Commission shall be coterminous with their term onthe Virginia Marine Resources Commission. The Secretary of the Department ofNatural Resources of Maryland or the Secretary's designee shall serve exofficio. The term of all other Commissioners shall be four years. Vacancieson the Commission shall be filled by appointment of the Governor of the Stateentitled to fill the vacancy, except that if the Virginia Marine ResourcesCommission has three members, the person filling a vacancy on the VirginiaMarine Resources Commission shall ex officio become a member of theCommission.
§ 4. Chairman. - The chairman of the Commission shall alternate from year toyear between the representatives of Maryland and Virginia. Subject to suchalternation, the chairman shall be elected by the Commissioners for a term ofone year.
§ 5. (Contingent expiration date - see Editor's note) Compensation, expenses.- Commissioners shall be entitled to receive from the General Fund of theCommission compensation of twenty-five dollars ($25.00) for each day orportion thereof spent in the performance of their duties, and reimbursementof reasonable expenses incident to the performance of their duties.
§ 5. (Contingent effective date - see notes) Compensation, expenses. -Commissioners shall be entitled to receive from the General Fund of theCommission compensation not to exceed two hundred and fifty dollars($250.00) for each day or portion thereof spent in the performance of theirduties, but in no event to exceed one thousand five hundred dollars ($1,500)in any year, and reimbursement of reasonable expenses incident to theperformance of their duties.
§ 6. Meetings, quorum. - Commission meetings shall be held at least once eachquarter, and at such other times as the Commission may determine.
In order to constitute a quorum for the transaction of any business at leasttwo of the four members from each State must be present and must vote on thebusiness being transacted.
§ 7. (Contingent expiration date - see Editor's note) Office and employees. -The Commission shall establish and maintain an office at such locations as itmay select, and may employ an executive secretary who shall serve at thepleasure of the Commission, and such other administrative, clerical,scientific, and legal personnel as it deems necessary. The powers, duties andcompensation of all employees shall be as prescribed by the Commission, andthe employees shall not be subject to the provisions of Division I of theState Personnel and Pensions Article of the Annotated Code of Maryland thatgovern the Maryland State Personnel Management System nor to the provisionsof the Virginia Personnel Act (§ 2.2-2900 et seq.), as the same may be fromtime to time in effect. The Commission may extend to any employee oremployees membership in the Virginia Retirement System or the MarylandEmployees' Retirement System, whichever is applicable, subject to the lawsrelating to each such retirement system. Employees of the Commission shallalso be eligible for the health and related insurance for state employees in§ 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of the StatePersonnel and Pensions Article of the Annotated Code of Maryland, whicheveris applicable.
§ 7. (Contingent effective date - see notes) Office and employees. - TheCommission shall establish and maintain an office at such locations as it mayselect, and may employ an executive secretary who shall serve at the pleasureof the Commission, and such other administrative, clerical, scientific, andlegal personnel as it deems necessary. The powers, duties and compensation ofall employees shall be as prescribed by the Commission, and the employeesshall not be subject to the provisions of Division I of the State Personneland Pensions Article of the Annotated Code of Maryland that govern theMaryland State Personnel Management System nor to the provisions of theVirginia Personnel Act (§ 2.2-2900 et seq.), as the same may be from time totime in effect. The Commission may extend to any employee or employeesmembership in the Virginia Retirement System or the Maryland Employees'Retirement System, whichever is applicable, subject to the laws relating toeach such retirement system. Employees and retirees of the Commission shallalso be eligible for the health and related insurance for state employees andretirees in § 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of theState Personnel and Pensions Article of the Annotated Code of Maryland,whichever is applicable.
ARTICLE II JURISDICTIONAL BOUNDARIES
The territory in which the Potomac River Fisheries Commission shall havejurisdiction shall be those waters of the Potomac River enclosed within thefollowing described area:
Beginning at the intersection of mean low-water mark at Point Lookout and anestablished line running from Smiths Point to Point Lookout, markingChesapeake Bay waters; thence following the mean low-water line of the shorenorthwesterly across the respective mouths of all creeks to Gray Point at thewesterly entrance into Rowley Bay; thence in a straight line northwesterly tothe southerly extremity of Kitts Point; thence along the mean low-water lineto the southwesterly point of St. Inigoes Neck; thence in a straight linewesterly to the most easterly point of St. Georges Island; thence followingthe mean low-water line in a general northwesterly direction, across therespective mouths of all creeks and inlets to the southwesterly point ofHuggins Point; thence in a straight line southwesterly to the easternextremity of the sandbar known as Heron Island; thence northwesterlyfollowing the ridge of Heron Island Bar to its westerly extremity; thencesouthwesterly in a straight line to the most southerly point of BlackistonIsland; thence in a straight line northwesterly to the southern extremity ofColton's Point; thence following the mean low-water line, westerly, excludingall creeks and inlets, to the point marking the southeasterly entrance intoSt. Catherine Sound; thence westerly in a straight line to the southernextremity of St. Catherine Island Sandbar; thence northwesterly, along thewesterly edge of said sandbar continuing along the mean low-water line of thesouthwesterly side of St. Catherine Island to the northwesterly point of saidisland; thence westerly in a straight line to Cobb Point Bar Lighthouse;thence northwesterly along the ridge of Cobb Point Sandbar to the southerlyextremity of Cobb Point; thence following the mean low-water line in generalnorthwesterly and northerly directions across the respective mouths of allcreeks and inlets to a point at the easterly entrance into Port TobaccoRiver, due east of Windmill Point; thence in a straight line westerly toWindmill Point; thence southwesterly following the mean low-water line acrossthe respective mouths of all creeks and inlets to Upper Cedar Point; thencesouthwesterly in a straight line across the mouth of Nanjemoy Creek to apoint on shore at the village of Riverside; thence following the meanlow-water line, southwesterly, northwesterly and northerly across therespective mouths of all creeks and inlets to Smiths Point; thence northerlyin a straight line to Liverpool Point; thence northerly in a straight line toSandy Point; thence following the mean low-water line northerly, across therespective mouths of all creeks and inlets to Moss Point; thence northerly ina straight line across Chicamuxen Creek to the southernmost point of StumpNeck; thence following the mean low-water line northeasterly, across therespective mouths of all creeks and inlets, to a point at the southerlyentrance into Mattawoman Creek; thence in a straight line northeasterlyacross the mouth of Mattawoman Creek to the southwesterly point of CornwallisNeck; thence following the mean low-water line northeasterly, across therespective mouths of all creeks and inlets, to Chapman Point; thence in astraight line northeasterly to Pomonkey or Hillis Point; thence following themean low-water line in a northerly direction across the respective mouths ofall creeks and inlets, to a point on Marshall Hall shore, due south of FerryPoint; thence northeasterly in a straight line to Bryan Point; thencenortheasterly in a straight line to the northwest extremity of Mockley Point;thence northeasterly in a straight line to Hatton Point; thence northerly ina straight line to the southwesternmost point of Indian Queen Bluff; thencefollowing the mean low-water line northerly across the respective mouths ofall creeks and inlets, to Rosier Bluff Point; thence in a straight linenortherly to the intersection with the District of Columbia line at Fox FerryPoint; thence following the boundary line of the District of Columbiasouthwesterly to a point on the lower or southern shore of the Potomac River,said point being the intersection of the boundary line of the Commonwealth ofVirginia with the boundary line of the District of Columbia; thence followingthe mean low-water line of the Potomac River on the southern, or Virginiashore, as defined in the Black-Jenkins Award of 1877 and as laid out in theMathews-Nelson Survey of 1927, beginning at the intersection of the PotomacRiver and the District of Columbia line at Jones Point and running to SmithsPoint; and thence in a straight line across the mouth of the Potomac River onthe established line from Smiths Point to Point Lookout, to the meanlow-water mark at Point Lookout, the place of beginning.
ARTICLE III COMMISSION POWERS AND DUTIES
§ 1. Oyster bars. - The Commission shall make a survey of the oyster barswithin its jurisdiction and may reseed and replant said oyster bars as mayfrom time to time be necessary.
§ 2. Fish and seafood. - The Commission may by regulation prescribe the type,size and description of all species of finfish, crabs, oysters, clams andother shellfish which may be taken or caught, within its jurisdiction, theplaces where they may be taken or caught, and the manner of taking orcatching.
§ 3. Research. - The Commission shall maintain a program of research relatingto the conservation and repletion of the fishery resources within itsjurisdiction, and to that end may cooperate and contract with scientists andpublic and private scientific agencies engaged in similar work, and maypurchase, construct, lease, borrow or otherwise acquire by any lawful methodsuch property, structures, facilities, or equipment as it deems necessary.
§ 4. Licenses. - (a) The Commission shall issue such licenses as it mayprescribe which shall thereupon be required for the taking of finfish, crabs,oysters, clams or other shellfish from the waters within the jurisdiction ofthe Commission, and for boats, vessels and equipment used for such taking.Recognizing that the right of fishing in the territory over which theCommission shall have jurisdiction is and shall be common to and equallyenjoyed by the citizens of Virginia and Maryland, the Commission shall makeno distinction between the citizens of Virginia or Maryland in any rule,regulation or the granting of any licenses, privileges, or rights under thiscompact.
(b) Licenses for the taking of oysters and clams and the commercial taking offinfish and crabs within the jurisdiction of the Commission shall be grantedonly to citizens of Maryland or Virginia who have resided in either or bothStates for at least twelve months immediately preceding the application forthe license. Within six months after the effective date of this compact, theCommission shall adopt a schedule of licenses, the privileges grantedthereby, and the fees therefor, which may be modified from time to time inthe discretion of the Commission.
(c) The licenses hereby authorized may be issued at such place, by suchpersons, and in accordance with such procedures as the Commission maydetermine.
§ 5. Expenditures. - The Commission is authorized to expend funds for thepurposes of general administration, repletion of the fish and shellfish inthe Potomac River, and the conservation and research programs authorizedunder this compact, subject to the limitations provided in this compact.
§ 6. Grants, contributions, etc. - The Commission is authorized to receiveand accept (or to refuse) from any and all public and private sources suchgrants, contributions, appropriations, donations, and gifts as may be givento it, which shall be paid into and become part of the General Fund of theCommission, except where the donor instructs that it shall be used for aspecific project, study, purpose, or program, in which event it shall beplaced in a special account, which shall be administered under the sameprocedure as that prescribed for the General Fund.
§ 7. Cooperation of state agencies. - The Commission may call upon theresources and assistance of the Virginia Institute of Marine Science, theUniversity of Maryland System, and all other agencies, institutions anddepartments of Maryland and Virginia which shall cooperate fully with theCommission upon such request.
§ 8. Regulations. - The Commission shall have the power to make, adopt andpublish such rules and regulations as may be necessary or desirable for theconduct of its meetings, such hearings as it may from time to time hold, andfor the administration of its affairs.
§ 9. Inspection tax. - The Commission may impose an inspection tax, in anamount as fixed from time to time by the Commission, which inspection tax maynot exceed the higher severance tax per bushel on oysters that is imposed bythe Commonwealth of Virginia or the State of Maryland in the waters of theirrespective jurisdictions, upon all oysters caught within the limits of thePotomac River. The tax shall be paid by the buyer at the place in Maryland orVirginia where the oysters are unloaded from vessels and are to be shipped nofurther in bulk in vessel, to an agent of the Commission, or to such officeror employee of the Virginia Marine Resources Commission or of the MarylandDepartment of Natural Resources, as may be designated by the Commission, andby him paid over to the Commission.
ARTICLE IV COMMISSION REGULATIONS - PROCEDURE AND REVIEW
§ 1. Notice, hearing, vote. - No regulation shall be adopted by theCommission unless:
(a) A public hearing is held thereon;
(b) Prior to the hearing the Commission has given notice of the proposedregulation by publication thereof at least once a week for three successiveweeks in at least one newspaper published, or having a general circulation ineach county of Maryland and Virginia contiguous to the waters within theCommission's jurisdiction, the first such publication to be at least thirtydays but not more than forty-five days prior to the date of the hearing;
(c) A copy of the proposed regulation is mailed at least thirty days but notmore than forty-five days prior to the hearing, to the clerk of the court ofeach county of Maryland and Virginia contiguous to the waters within theCommission's jurisdiction, who shall post the same in a conspicuous place ator in the courthouse; and
(d) The regulation is approved by at least six members of the Commission.
§ 2. Recording, effective date. - (a) Regulations of the Commission shall beexempt from the provisions of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 ofthe Code of Virginia (1950 Edition, as amended from time to time), and of §§10-106 and 10-107 of the State Government Article of the Annotated Code ofMaryland (1957 Edition, as amended from time to time). Copies of Commissionregulations shall be kept on public file and available for public referencein the office of the Commission, the office of the clerk of court in eachcounty of Maryland and Virginia contiguous to the waters within theCommission's jurisdiction, the office of the Virginia Registrar ofRegulations, the office of the Maryland Department of Legislative Reference,the office of the Virginia Marine Resources Commission, and the office of theMaryland Department of Natural Resources.
(b) No regulation of the Commission shall become effective until thirty (30)days after the date of its adoption, or such later date as may be fixed bythe Commission.
(c) Leasing, dredging or patent tonging shall be authorized by the Commissiononly if such authorization is granted by joint action of the Legislatures ofMaryland and Virginia.
§ 3. Review. - Any person aggrieved by any regulation or order of theCommission may at any time file a petition for declaratory judgment withrespect to the validity or construction thereof, in the circuit court of anycounty in Maryland or Virginia contiguous to the waters within theCommission's jurisdiction. A review of the final judgment of the circuitcourt may be appealed to the court of highest appellate jurisdiction of theState in accordance with the rules of procedure in such state.
§ 4. Revision by legislative action. - Regulations of the Commission may beamended, modified, or rescinded by joint enactment of the General Assembly ofMaryland and the General Assembly of Virginia.
§ 5. Revision of compact. - At any time subsequent to the adoption of thiscompact the Governor or Legislature of either Maryland or Virginia may callfor the appointment of a Commission to make further study and recommendationsconcerning revision and amendments to this compact, at which time theGovernors of the respective States shall act forthwith in compliance with therequest for the appointment of said Commission.
ARTICLE V ENFORCEMENT OF LAWS AND REGULATIONS; PENALTIES
§ 1. Responsibility for enforcement. - The regulations and orders of theCommission shall be enforced by the joint effort of the law-enforcementagencies and officers of Maryland and Virginia.
§ 2. Penalties. - The violation of any regulation of the Commission shall bea misdemeanor. Unless a lesser punishment is provided by the Commission, suchviolation shall be punishable by a fine not to exceed one thousand dollars($1,000.00) or confinement in a penal institution for not more than one (1)year, or both, in the discretion of the court, and any vessel, boat, orequipment used in the taking of finfish, crabs, oysters, clams, or othershellfish from the Potomac River in violation of any regulation of theCommission or of applicable laws may be confiscated by the court, upon theabandonment thereof or the conviction of the owner or operator thereof.
§ 3. Jurisdiction of court. - The officer making an arrest or preferring acharge for violation of a regulation of the Commission or an applicable Statelaw respecting the waters within the Commission's jurisdiction shall take thealleged offender to a court of competent jurisdiction in either State, in acounty adjacent to the portion of the Potomac River where the alleged offenseoccurred, which shall thereupon have jurisdiction over the offense.
§ 4. Disposition of fines and forfeitures. - All fines imposed for violationof regulations of the Commission or applicable State laws respecting thewaters within the Commission's jurisdiction shall be paid into the court inwhich the case is prosecuted, and accounted for under the laws applicable tothat court. Any property confiscated under the provisions of this compactshall be turned over to the Commission, which may retain, use or dispose ofit as it deems best.
ARTICLE VI COMMISSION FINANCES
§ 1. Budget. - The Commission shall approve and adopt a proposed annualbudget showing estimated income, revenues, appropriations, and grants fromall sources, and estimated necessary expenditures and shall send a copythereof to the Governors of Maryland and Virginia.
§ 2. Appropriations. - The said Governors shall place in the proposed budgetof their respective States for each year the sum of not less than fiftythousand dollars ($50,000.00) for the expenses and the other purposes of theCommission for that year, except that none of the sum so appropriated shallbe used for law-enforcement purposes; and the General Assembly of each of thetwo States agrees to appropriate annually not less than this sum to theCommission.
§ 3. General Fund. - (a) The General Fund shall consist of:
(1) All income and revenue received from the issuance of licenses under thiscompact;
(2) The proceeds of the disposition of property confiscated pursuant to theprovisions of this compact;
(3) The proceeds of the inspection tax upon oysters imposed pursuant to thiscompact; and
(4) The funds appropriated to the Commission by the two States.
(b) The General Fund of the Commission shall be kept in such bank ordepository as the Commission shall from time to time select. The General Fundshall be audited annually by the Auditor of Public Accounts of Virginia andthe State Auditor of Maryland acting jointly, and at such other times as theCommission may request.
ARTICLE VII EFFECT ON EXISTING LAWS AND PRIOR COMPACT
§ 1. Existing rights. - The rights, including the privilege of erecting andmaintaining wharves and other improvements, of the citizens of each Statealong the shores of the Potomac River adjoining their lands shall be neitherdiminished, restricted, enlarged, increased nor otherwise altered by thiscompact, and the decisions of the courts construing that portion of ArticleVII of the Compact of 1785 relating to the rights of riparian owners shall begiven full force and effect.
§ 2. Existing laws. - The laws of the State of Maryland relate to finfish,crabs, oysters, and clams in the Potomac River, as set forth in formerArticle 66C of the Annotated Code of Maryland and as in effect on Decemberone, nineteen hundred fifty-eight, shall be and remain applicable in thePotomac River except to the extent changed, amended, or modified byregulations of the Commission adopted in accordance with this compact.
§ 3. Existing licenses. - The rights and privileges of licensees to take andcatch finfish, crabs, oysters, clams, and other shellfish in the PotomacRiver, which are in effect at the time this compact becomes effective, shallcontinue in force for a period of six months at which time every such licenseand every such right and privilege shall be abrogated.
ARTICLE VIII EFFECT OF RATIFICATION
These articles shall be laid before the Legislatures of Virginia andMaryland, and their approbation being obtained, shall be confirmed andratified by a law of each State, never to be repealed or altered by either,without the consent of the other.
ARTICLE IX EFFECTIVE DATE
This compact, which takes the place of the Compact of 1785 between Marylandand Virginia, shall take effect at the expiration of sixty days after thecompletion of the last act legally necessary to make it operative, andthereupon the said Compact of 1785 shall no longer have any force or effect.
(Code 1950, § 28-218.1; 1959, Ex. Sess., cc. 5, 28; 1962, c. 406, § 28.1-203;1984, c. 637; 1985, c. 102; 1992, c. 836; 1995, c. 257; 1998, c. 216; 2007,c. 885.)
Whereas, Maryland and Virginia are both vitally interested in conserving andimproving the valuable fishery resources of the Tidewater portion of thePotomac River, and
Whereas, certain provisions of the Compact of 1785 between Maryland andVirginia having become obsolete, Maryland and Virginia each recognizing thatMaryland is the owner of the Potomac River bed and waters to the low-watermark of the southern shore thereof, as laid out on the Mathews-Nelson Surveyof 1927, and that Virginia is the owner of the Potomac River bed and waterssoutherly from said low-water mark as laid out, and that the citizens ofVirginia have certain riparian rights along the southern shore of the river,as shown on said Mathews-Nelson Survey, and, in common with the citizens ofMaryland, the right of fishing in said river, Maryland and Virginia haveagreed that the necessary conservation and improvement of the Tidewaterportion of the Potomac fishery resources can be best achieved by a Commissioncomprised of representatives of both Maryland and Virginia, charged with theestablishment and maintenance of a program to conserve and improve theseresources, and
Whereas, at a meeting of the Commissioners appointed by the Governors of theState of Maryland and the Commonwealth of Virginia, to wit: Carlyle Barton,M. William Adelson, Stephen R. Collins, Edward S. Delaplaine and William J.McWilliams, Esquires, on the part of the State of Maryland, and Mills E.Godwin, Jr., Howard H. Adams, Robert Y. Button, John Warren Cooke and EdwardE. Lane, Esquires, on the part of the Commonwealth of Virginia, at MountVernon, Virginia, on the twentieth day of December, in the year one thousandnine hundred and fifty-eight, the following Potomac River Compact of 1958between the Commonwealth of Virginia and the State of Maryland was mutuallyagreed to by the said Commissioners:
Now, therefore, be it resolved by the Commissioners appointed by theGovernors of the State of Maryland and the Commonwealth of Virginia, meetingin joint session, that they do unanimously recommend to the said respectiveGovernors that there be a new compact, to be designated as the "PotomacRiver Compact of 1958," and that the said new compact be referred aspromptly as possible to the legislatures of the State of Maryland and theCommonwealth of Virginia for appropriate action, and to the end and afterratification and adoption by said legislatures the same be submitted to theCongress of the United States for approval.
ARTICLE I COMMISSION - MEMBERSHIP AND ORGANIZATION
§ 1. Commission created. - The Potomac River Fisheries Commission,hereinafter designated as "Commission," is hereby created.
§ 2. Members. - The Commission shall consist of eight members, four fromMaryland and four from Virginia. The Maryland members shall be the Secretaryof the Department of Natural Resources of Maryland or its successor agency orthe Secretary's designee, and three members at large to be appointed by theGovernor of Maryland with the advice and consent of the Senate of Maryland.The Virginia members shall be three members of the Virginia Marine ResourcesCommission or its successor agency, and one member at large, to be appointedby the Governor of Virginia. If the membership of the Virginia MarineResources Commission exceeds three, then the three Commission members fromthe Virginia Marine Resources Commission shall be selected by the Governor ofVirginia; and if the membership of the Virginia Marine Resources Commissionis less than three, the four Commission members from Virginia shall be themember or members of the Virginia Marine Resources Commission, and suchadditional person or persons who shall be appointed by the Governor as may benecessary to constitute a total of four Commissioners.
§ 3. Term, vacancies. - The term of Commissioners who are members of theVirginia Marine Resources Commission shall be coterminous with their term onthe Virginia Marine Resources Commission. The Secretary of the Department ofNatural Resources of Maryland or the Secretary's designee shall serve exofficio. The term of all other Commissioners shall be four years. Vacancieson the Commission shall be filled by appointment of the Governor of the Stateentitled to fill the vacancy, except that if the Virginia Marine ResourcesCommission has three members, the person filling a vacancy on the VirginiaMarine Resources Commission shall ex officio become a member of theCommission.
§ 4. Chairman. - The chairman of the Commission shall alternate from year toyear between the representatives of Maryland and Virginia. Subject to suchalternation, the chairman shall be elected by the Commissioners for a term ofone year.
§ 5. (Contingent expiration date - see Editor's note) Compensation, expenses.- Commissioners shall be entitled to receive from the General Fund of theCommission compensation of twenty-five dollars ($25.00) for each day orportion thereof spent in the performance of their duties, and reimbursementof reasonable expenses incident to the performance of their duties.
§ 5. (Contingent effective date - see notes) Compensation, expenses. -Commissioners shall be entitled to receive from the General Fund of theCommission compensation not to exceed two hundred and fifty dollars($250.00) for each day or portion thereof spent in the performance of theirduties, but in no event to exceed one thousand five hundred dollars ($1,500)in any year, and reimbursement of reasonable expenses incident to theperformance of their duties.
§ 6. Meetings, quorum. - Commission meetings shall be held at least once eachquarter, and at such other times as the Commission may determine.
In order to constitute a quorum for the transaction of any business at leasttwo of the four members from each State must be present and must vote on thebusiness being transacted.
§ 7. (Contingent expiration date - see Editor's note) Office and employees. -The Commission shall establish and maintain an office at such locations as itmay select, and may employ an executive secretary who shall serve at thepleasure of the Commission, and such other administrative, clerical,scientific, and legal personnel as it deems necessary. The powers, duties andcompensation of all employees shall be as prescribed by the Commission, andthe employees shall not be subject to the provisions of Division I of theState Personnel and Pensions Article of the Annotated Code of Maryland thatgovern the Maryland State Personnel Management System nor to the provisionsof the Virginia Personnel Act (§ 2.2-2900 et seq.), as the same may be fromtime to time in effect. The Commission may extend to any employee oremployees membership in the Virginia Retirement System or the MarylandEmployees' Retirement System, whichever is applicable, subject to the lawsrelating to each such retirement system. Employees of the Commission shallalso be eligible for the health and related insurance for state employees in§ 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of the StatePersonnel and Pensions Article of the Annotated Code of Maryland, whicheveris applicable.
§ 7. (Contingent effective date - see notes) Office and employees. - TheCommission shall establish and maintain an office at such locations as it mayselect, and may employ an executive secretary who shall serve at the pleasureof the Commission, and such other administrative, clerical, scientific, andlegal personnel as it deems necessary. The powers, duties and compensation ofall employees shall be as prescribed by the Commission, and the employeesshall not be subject to the provisions of Division I of the State Personneland Pensions Article of the Annotated Code of Maryland that govern theMaryland State Personnel Management System nor to the provisions of theVirginia Personnel Act (§ 2.2-2900 et seq.), as the same may be from time totime in effect. The Commission may extend to any employee or employeesmembership in the Virginia Retirement System or the Maryland Employees'Retirement System, whichever is applicable, subject to the laws relating toeach such retirement system. Employees and retirees of the Commission shallalso be eligible for the health and related insurance for state employees andretirees in § 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of theState Personnel and Pensions Article of the Annotated Code of Maryland,whichever is applicable.
ARTICLE II JURISDICTIONAL BOUNDARIES
The territory in which the Potomac River Fisheries Commission shall havejurisdiction shall be those waters of the Potomac River enclosed within thefollowing described area:
Beginning at the intersection of mean low-water mark at Point Lookout and anestablished line running from Smiths Point to Point Lookout, markingChesapeake Bay waters; thence following the mean low-water line of the shorenorthwesterly across the respective mouths of all creeks to Gray Point at thewesterly entrance into Rowley Bay; thence in a straight line northwesterly tothe southerly extremity of Kitts Point; thence along the mean low-water lineto the southwesterly point of St. Inigoes Neck; thence in a straight linewesterly to the most easterly point of St. Georges Island; thence followingthe mean low-water line in a general northwesterly direction, across therespective mouths of all creeks and inlets to the southwesterly point ofHuggins Point; thence in a straight line southwesterly to the easternextremity of the sandbar known as Heron Island; thence northwesterlyfollowing the ridge of Heron Island Bar to its westerly extremity; thencesouthwesterly in a straight line to the most southerly point of BlackistonIsland; thence in a straight line northwesterly to the southern extremity ofColton's Point; thence following the mean low-water line, westerly, excludingall creeks and inlets, to the point marking the southeasterly entrance intoSt. Catherine Sound; thence westerly in a straight line to the southernextremity of St. Catherine Island Sandbar; thence northwesterly, along thewesterly edge of said sandbar continuing along the mean low-water line of thesouthwesterly side of St. Catherine Island to the northwesterly point of saidisland; thence westerly in a straight line to Cobb Point Bar Lighthouse;thence northwesterly along the ridge of Cobb Point Sandbar to the southerlyextremity of Cobb Point; thence following the mean low-water line in generalnorthwesterly and northerly directions across the respective mouths of allcreeks and inlets to a point at the easterly entrance into Port TobaccoRiver, due east of Windmill Point; thence in a straight line westerly toWindmill Point; thence southwesterly following the mean low-water line acrossthe respective mouths of all creeks and inlets to Upper Cedar Point; thencesouthwesterly in a straight line across the mouth of Nanjemoy Creek to apoint on shore at the village of Riverside; thence following the meanlow-water line, southwesterly, northwesterly and northerly across therespective mouths of all creeks and inlets to Smiths Point; thence northerlyin a straight line to Liverpool Point; thence northerly in a straight line toSandy Point; thence following the mean low-water line northerly, across therespective mouths of all creeks and inlets to Moss Point; thence northerly ina straight line across Chicamuxen Creek to the southernmost point of StumpNeck; thence following the mean low-water line northeasterly, across therespective mouths of all creeks and inlets, to a point at the southerlyentrance into Mattawoman Creek; thence in a straight line northeasterlyacross the mouth of Mattawoman Creek to the southwesterly point of CornwallisNeck; thence following the mean low-water line northeasterly, across therespective mouths of all creeks and inlets, to Chapman Point; thence in astraight line northeasterly to Pomonkey or Hillis Point; thence following themean low-water line in a northerly direction across the respective mouths ofall creeks and inlets, to a point on Marshall Hall shore, due south of FerryPoint; thence northeasterly in a straight line to Bryan Point; thencenortheasterly in a straight line to the northwest extremity of Mockley Point;thence northeasterly in a straight line to Hatton Point; thence northerly ina straight line to the southwesternmost point of Indian Queen Bluff; thencefollowing the mean low-water line northerly across the respective mouths ofall creeks and inlets, to Rosier Bluff Point; thence in a straight linenortherly to the intersection with the District of Columbia line at Fox FerryPoint; thence following the boundary line of the District of Columbiasouthwesterly to a point on the lower or southern shore of the Potomac River,said point being the intersection of the boundary line of the Commonwealth ofVirginia with the boundary line of the District of Columbia; thence followingthe mean low-water line of the Potomac River on the southern, or Virginiashore, as defined in the Black-Jenkins Award of 1877 and as laid out in theMathews-Nelson Survey of 1927, beginning at the intersection of the PotomacRiver and the District of Columbia line at Jones Point and running to SmithsPoint; and thence in a straight line across the mouth of the Potomac River onthe established line from Smiths Point to Point Lookout, to the meanlow-water mark at Point Lookout, the place of beginning.
ARTICLE III COMMISSION POWERS AND DUTIES
§ 1. Oyster bars. - The Commission shall make a survey of the oyster barswithin its jurisdiction and may reseed and replant said oyster bars as mayfrom time to time be necessary.
§ 2. Fish and seafood. - The Commission may by regulation prescribe the type,size and description of all species of finfish, crabs, oysters, clams andother shellfish which may be taken or caught, within its jurisdiction, theplaces where they may be taken or caught, and the manner of taking orcatching.
§ 3. Research. - The Commission shall maintain a program of research relatingto the conservation and repletion of the fishery resources within itsjurisdiction, and to that end may cooperate and contract with scientists andpublic and private scientific agencies engaged in similar work, and maypurchase, construct, lease, borrow or otherwise acquire by any lawful methodsuch property, structures, facilities, or equipment as it deems necessary.
§ 4. Licenses. - (a) The Commission shall issue such licenses as it mayprescribe which shall thereupon be required for the taking of finfish, crabs,oysters, clams or other shellfish from the waters within the jurisdiction ofthe Commission, and for boats, vessels and equipment used for such taking.Recognizing that the right of fishing in the territory over which theCommission shall have jurisdiction is and shall be common to and equallyenjoyed by the citizens of Virginia and Maryland, the Commission shall makeno distinction between the citizens of Virginia or Maryland in any rule,regulation or the granting of any licenses, privileges, or rights under thiscompact.
(b) Licenses for the taking of oysters and clams and the commercial taking offinfish and crabs within the jurisdiction of the Commission shall be grantedonly to citizens of Maryland or Virginia who have resided in either or bothStates for at least twelve months immediately preceding the application forthe license. Within six months after the effective date of this compact, theCommission shall adopt a schedule of licenses, the privileges grantedthereby, and the fees therefor, which may be modified from time to time inthe discretion of the Commission.
(c) The licenses hereby authorized may be issued at such place, by suchpersons, and in accordance with such procedures as the Commission maydetermine.
§ 5. Expenditures. - The Commission is authorized to expend funds for thepurposes of general administration, repletion of the fish and shellfish inthe Potomac River, and the conservation and research programs authorizedunder this compact, subject to the limitations provided in this compact.
§ 6. Grants, contributions, etc. - The Commission is authorized to receiveand accept (or to refuse) from any and all public and private sources suchgrants, contributions, appropriations, donations, and gifts as may be givento it, which shall be paid into and become part of the General Fund of theCommission, except where the donor instructs that it shall be used for aspecific project, study, purpose, or program, in which event it shall beplaced in a special account, which shall be administered under the sameprocedure as that prescribed for the General Fund.
§ 7. Cooperation of state agencies. - The Commission may call upon theresources and assistance of the Virginia Institute of Marine Science, theUniversity of Maryland System, and all other agencies, institutions anddepartments of Maryland and Virginia which shall cooperate fully with theCommission upon such request.
§ 8. Regulations. - The Commission shall have the power to make, adopt andpublish such rules and regulations as may be necessary or desirable for theconduct of its meetings, such hearings as it may from time to time hold, andfor the administration of its affairs.
§ 9. Inspection tax. - The Commission may impose an inspection tax, in anamount as fixed from time to time by the Commission, which inspection tax maynot exceed the higher severance tax per bushel on oysters that is imposed bythe Commonwealth of Virginia or the State of Maryland in the waters of theirrespective jurisdictions, upon all oysters caught within the limits of thePotomac River. The tax shall be paid by the buyer at the place in Maryland orVirginia where the oysters are unloaded from vessels and are to be shipped nofurther in bulk in vessel, to an agent of the Commission, or to such officeror employee of the Virginia Marine Resources Commission or of the MarylandDepartment of Natural Resources, as may be designated by the Commission, andby him paid over to the Commission.
ARTICLE IV COMMISSION REGULATIONS - PROCEDURE AND REVIEW
§ 1. Notice, hearing, vote. - No regulation shall be adopted by theCommission unless:
(a) A public hearing is held thereon;
(b) Prior to the hearing the Commission has given notice of the proposedregulation by publication thereof at least once a week for three successiveweeks in at least one newspaper published, or having a general circulation ineach county of Maryland and Virginia contiguous to the waters within theCommission's jurisdiction, the first such publication to be at least thirtydays but not more than forty-five days prior to the date of the hearing;
(c) A copy of the proposed regulation is mailed at least thirty days but notmore than forty-five days prior to the hearing, to the clerk of the court ofeach county of Maryland and Virginia contiguous to the waters within theCommission's jurisdiction, who shall post the same in a conspicuous place ator in the courthouse; and
(d) The regulation is approved by at least six members of the Commission.
§ 2. Recording, effective date. - (a) Regulations of the Commission shall beexempt from the provisions of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 ofthe Code of Virginia (1950 Edition, as amended from time to time), and of §§10-106 and 10-107 of the State Government Article of the Annotated Code ofMaryland (1957 Edition, as amended from time to time). Copies of Commissionregulations shall be kept on public file and available for public referencein the office of the Commission, the office of the clerk of court in eachcounty of Maryland and Virginia contiguous to the waters within theCommission's jurisdiction, the office of the Virginia Registrar ofRegulations, the office of the Maryland Department of Legislative Reference,the office of the Virginia Marine Resources Commission, and the office of theMaryland Department of Natural Resources.
(b) No regulation of the Commission shall become effective until thirty (30)days after the date of its adoption, or such later date as may be fixed bythe Commission.
(c) Leasing, dredging or patent tonging shall be authorized by the Commissiononly if such authorization is granted by joint action of the Legislatures ofMaryland and Virginia.
§ 3. Review. - Any person aggrieved by any regulation or order of theCommission may at any time file a petition for declaratory judgment withrespect to the validity or construction thereof, in the circuit court of anycounty in Maryland or Virginia contiguous to the waters within theCommission's jurisdiction. A review of the final judgment of the circuitcourt may be appealed to the court of highest appellate jurisdiction of theState in accordance with the rules of procedure in such state.
§ 4. Revision by legislative action. - Regulations of the Commission may beamended, modified, or rescinded by joint enactment of the General Assembly ofMaryland and the General Assembly of Virginia.
§ 5. Revision of compact. - At any time subsequent to the adoption of thiscompact the Governor or Legislature of either Maryland or Virginia may callfor the appointment of a Commission to make further study and recommendationsconcerning revision and amendments to this compact, at which time theGovernors of the respective States shall act forthwith in compliance with therequest for the appointment of said Commission.
ARTICLE V ENFORCEMENT OF LAWS AND REGULATIONS; PENALTIES
§ 1. Responsibility for enforcement. - The regulations and orders of theCommission shall be enforced by the joint effort of the law-enforcementagencies and officers of Maryland and Virginia.
§ 2. Penalties. - The violation of any regulation of the Commission shall bea misdemeanor. Unless a lesser punishment is provided by the Commission, suchviolation shall be punishable by a fine not to exceed one thousand dollars($1,000.00) or confinement in a penal institution for not more than one (1)year, or both, in the discretion of the court, and any vessel, boat, orequipment used in the taking of finfish, crabs, oysters, clams, or othershellfish from the Potomac River in violation of any regulation of theCommission or of applicable laws may be confiscated by the court, upon theabandonment thereof or the conviction of the owner or operator thereof.
§ 3. Jurisdiction of court. - The officer making an arrest or preferring acharge for violation of a regulation of the Commission or an applicable Statelaw respecting the waters within the Commission's jurisdiction shall take thealleged offender to a court of competent jurisdiction in either State, in acounty adjacent to the portion of the Potomac River where the alleged offenseoccurred, which shall thereupon have jurisdiction over the offense.
§ 4. Disposition of fines and forfeitures. - All fines imposed for violationof regulations of the Commission or applicable State laws respecting thewaters within the Commission's jurisdiction shall be paid into the court inwhich the case is prosecuted, and accounted for under the laws applicable tothat court. Any property confiscated under the provisions of this compactshall be turned over to the Commission, which may retain, use or dispose ofit as it deems best.
ARTICLE VI COMMISSION FINANCES
§ 1. Budget. - The Commission shall approve and adopt a proposed annualbudget showing estimated income, revenues, appropriations, and grants fromall sources, and estimated necessary expenditures and shall send a copythereof to the Governors of Maryland and Virginia.
§ 2. Appropriations. - The said Governors shall place in the proposed budgetof their respective States for each year the sum of not less than fiftythousand dollars ($50,000.00) for the expenses and the other purposes of theCommission for that year, except that none of the sum so appropriated shallbe used for law-enforcement purposes; and the General Assembly of each of thetwo States agrees to appropriate annually not less than this sum to theCommission.
§ 3. General Fund. - (a) The General Fund shall consist of:
(1) All income and revenue received from the issuance of licenses under thiscompact;
(2) The proceeds of the disposition of property confiscated pursuant to theprovisions of this compact;
(3) The proceeds of the inspection tax upon oysters imposed pursuant to thiscompact; and
(4) The funds appropriated to the Commission by the two States.
(b) The General Fund of the Commission shall be kept in such bank ordepository as the Commission shall from time to time select. The General Fundshall be audited annually by the Auditor of Public Accounts of Virginia andthe State Auditor of Maryland acting jointly, and at such other times as theCommission may request.
ARTICLE VII EFFECT ON EXISTING LAWS AND PRIOR COMPACT
§ 1. Existing rights. - The rights, including the privilege of erecting andmaintaining wharves and other improvements, of the citizens of each Statealong the shores of the Potomac River adjoining their lands shall be neitherdiminished, restricted, enlarged, increased nor otherwise altered by thiscompact, and the decisions of the courts construing that portion of ArticleVII of the Compact of 1785 relating to the rights of riparian owners shall begiven full force and effect.
§ 2. Existing laws. - The laws of the State of Maryland relate to finfish,crabs, oysters, and clams in the Potomac River, as set forth in formerArticle 66C of the Annotated Code of Maryland and as in effect on Decemberone, nineteen hundred fifty-eight, shall be and remain applicable in thePotomac River except to the extent changed, amended, or modified byregulations of the Commission adopted in accordance with this compact.
§ 3. Existing licenses. - The rights and privileges of licensees to take andcatch finfish, crabs, oysters, clams, and other shellfish in the PotomacRiver, which are in effect at the time this compact becomes effective, shallcontinue in force for a period of six months at which time every such licenseand every such right and privilege shall be abrogated.
ARTICLE VIII EFFECT OF RATIFICATION
These articles shall be laid before the Legislatures of Virginia andMaryland, and their approbation being obtained, shall be confirmed andratified by a law of each State, never to be repealed or altered by either,without the consent of the other.
ARTICLE IX EFFECTIVE DATE
This compact, which takes the place of the Compact of 1785 between Marylandand Virginia, shall take effect at the expiration of sixty days after thecompletion of the last act legally necessary to make it operative, andthereupon the said Compact of 1785 shall no longer have any force or effect.
(Code 1950, § 28-218.1; 1959, Ex. Sess., cc. 5, 28; 1962, c. 406, § 28.1-203;1984, c. 637; 1985, c. 102; 1992, c. 836; 1995, c. 257; 1998, c. 216; 2007,c. 885.)
Whereas, Maryland and Virginia are both vitally interested in conserving andimproving the valuable fishery resources of the Tidewater portion of thePotomac River, and
Whereas, certain provisions of the Compact of 1785 between Maryland andVirginia having become obsolete, Maryland and Virginia each recognizing thatMaryland is the owner of the Potomac River bed and waters to the low-watermark of the southern shore thereof, as laid out on the Mathews-Nelson Surveyof 1927, and that Virginia is the owner of the Potomac River bed and waterssoutherly from said low-water mark as laid out, and that the citizens ofVirginia have certain riparian rights along the southern shore of the river,as shown on said Mathews-Nelson Survey, and, in common with the citizens ofMaryland, the right of fishing in said river, Maryland and Virginia haveagreed that the necessary conservation and improvement of the Tidewaterportion of the Potomac fishery resources can be best achieved by a Commissioncomprised of representatives of both Maryland and Virginia, charged with theestablishment and maintenance of a program to conserve and improve theseresources, and
Whereas, at a meeting of the Commissioners appointed by the Governors of theState of Maryland and the Commonwealth of Virginia, to wit: Carlyle Barton,M. William Adelson, Stephen R. Collins, Edward S. Delaplaine and William J.McWilliams, Esquires, on the part of the State of Maryland, and Mills E.Godwin, Jr., Howard H. Adams, Robert Y. Button, John Warren Cooke and EdwardE. Lane, Esquires, on the part of the Commonwealth of Virginia, at MountVernon, Virginia, on the twentieth day of December, in the year one thousandnine hundred and fifty-eight, the following Potomac River Compact of 1958between the Commonwealth of Virginia and the State of Maryland was mutuallyagreed to by the said Commissioners:
Now, therefore, be it resolved by the Commissioners appointed by theGovernors of the State of Maryland and the Commonwealth of Virginia, meetingin joint session, that they do unanimously recommend to the said respectiveGovernors that there be a new compact, to be designated as the "PotomacRiver Compact of 1958," and that the said new compact be referred aspromptly as possible to the legislatures of the State of Maryland and theCommonwealth of Virginia for appropriate action, and to the end and afterratification and adoption by said legislatures the same be submitted to theCongress of the United States for approval.
ARTICLE I COMMISSION - MEMBERSHIP AND ORGANIZATION
§ 1. Commission created. - The Potomac River Fisheries Commission,hereinafter designated as "Commission," is hereby created.
§ 2. Members. - The Commission shall consist of eight members, four fromMaryland and four from Virginia. The Maryland members shall be the Secretaryof the Department of Natural Resources of Maryland or its successor agency orthe Secretary's designee, and three members at large to be appointed by theGovernor of Maryland with the advice and consent of the Senate of Maryland.The Virginia members shall be three members of the Virginia Marine ResourcesCommission or its successor agency, and one member at large, to be appointedby the Governor of Virginia. If the membership of the Virginia MarineResources Commission exceeds three, then the three Commission members fromthe Virginia Marine Resources Commission shall be selected by the Governor ofVirginia; and if the membership of the Virginia Marine Resources Commissionis less than three, the four Commission members from Virginia shall be themember or members of the Virginia Marine Resources Commission, and suchadditional person or persons who shall be appointed by the Governor as may benecessary to constitute a total of four Commissioners.
§ 3. Term, vacancies. - The term of Commissioners who are members of theVirginia Marine Resources Commission shall be coterminous with their term onthe Virginia Marine Resources Commission. The Secretary of the Department ofNatural Resources of Maryland or the Secretary's designee shall serve exofficio. The term of all other Commissioners shall be four years. Vacancieson the Commission shall be filled by appointment of the Governor of the Stateentitled to fill the vacancy, except that if the Virginia Marine ResourcesCommission has three members, the person filling a vacancy on the VirginiaMarine Resources Commission shall ex officio become a member of theCommission.
§ 4. Chairman. - The chairman of the Commission shall alternate from year toyear between the representatives of Maryland and Virginia. Subject to suchalternation, the chairman shall be elected by the Commissioners for a term ofone year.
§ 5. (Contingent expiration date - see Editor's note) Compensation, expenses.- Commissioners shall be entitled to receive from the General Fund of theCommission compensation of twenty-five dollars ($25.00) for each day orportion thereof spent in the performance of their duties, and reimbursementof reasonable expenses incident to the performance of their duties.
§ 5. (Contingent effective date - see notes) Compensation, expenses. -Commissioners shall be entitled to receive from the General Fund of theCommission compensation not to exceed two hundred and fifty dollars($250.00) for each day or portion thereof spent in the performance of theirduties, but in no event to exceed one thousand five hundred dollars ($1,500)in any year, and reimbursement of reasonable expenses incident to theperformance of their duties.
§ 6. Meetings, quorum. - Commission meetings shall be held at least once eachquarter, and at such other times as the Commission may determine.
In order to constitute a quorum for the transaction of any business at leasttwo of the four members from each State must be present and must vote on thebusiness being transacted.
§ 7. (Contingent expiration date - see Editor's note) Office and employees. -The Commission shall establish and maintain an office at such locations as itmay select, and may employ an executive secretary who shall serve at thepleasure of the Commission, and such other administrative, clerical,scientific, and legal personnel as it deems necessary. The powers, duties andcompensation of all employees shall be as prescribed by the Commission, andthe employees shall not be subject to the provisions of Division I of theState Personnel and Pensions Article of the Annotated Code of Maryland thatgovern the Maryland State Personnel Management System nor to the provisionsof the Virginia Personnel Act (§ 2.2-2900 et seq.), as the same may be fromtime to time in effect. The Commission may extend to any employee oremployees membership in the Virginia Retirement System or the MarylandEmployees' Retirement System, whichever is applicable, subject to the lawsrelating to each such retirement system. Employees of the Commission shallalso be eligible for the health and related insurance for state employees in§ 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of the StatePersonnel and Pensions Article of the Annotated Code of Maryland, whicheveris applicable.
§ 7. (Contingent effective date - see notes) Office and employees. - TheCommission shall establish and maintain an office at such locations as it mayselect, and may employ an executive secretary who shall serve at the pleasureof the Commission, and such other administrative, clerical, scientific, andlegal personnel as it deems necessary. The powers, duties and compensation ofall employees shall be as prescribed by the Commission, and the employeesshall not be subject to the provisions of Division I of the State Personneland Pensions Article of the Annotated Code of Maryland that govern theMaryland State Personnel Management System nor to the provisions of theVirginia Personnel Act (§ 2.2-2900 et seq.), as the same may be from time totime in effect. The Commission may extend to any employee or employeesmembership in the Virginia Retirement System or the Maryland Employees'Retirement System, whichever is applicable, subject to the laws relating toeach such retirement system. Employees and retirees of the Commission shallalso be eligible for the health and related insurance for state employees andretirees in § 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of theState Personnel and Pensions Article of the Annotated Code of Maryland,whichever is applicable.
ARTICLE II JURISDICTIONAL BOUNDARIES
The territory in which the Potomac River Fisheries Commission shall havejurisdiction shall be those waters of the Potomac River enclosed within thefollowing described area:
Beginning at the intersection of mean low-water mark at Point Lookout and anestablished line running from Smiths Point to Point Lookout, markingChesapeake Bay waters; thence following the mean low-water line of the shorenorthwesterly across the respective mouths of all creeks to Gray Point at thewesterly entrance into Rowley Bay; thence in a straight line northwesterly tothe southerly extremity of Kitts Point; thence along the mean low-water lineto the southwesterly point of St. Inigoes Neck; thence in a straight linewesterly to the most easterly point of St. Georges Island; thence followingthe mean low-water line in a general northwesterly direction, across therespective mouths of all creeks and inlets to the southwesterly point ofHuggins Point; thence in a straight line southwesterly to the easternextremity of the sandbar known as Heron Island; thence northwesterlyfollowing the ridge of Heron Island Bar to its westerly extremity; thencesouthwesterly in a straight line to the most southerly point of BlackistonIsland; thence in a straight line northwesterly to the southern extremity ofColton's Point; thence following the mean low-water line, westerly, excludingall creeks and inlets, to the point marking the southeasterly entrance intoSt. Catherine Sound; thence westerly in a straight line to the southernextremity of St. Catherine Island Sandbar; thence northwesterly, along thewesterly edge of said sandbar continuing along the mean low-water line of thesouthwesterly side of St. Catherine Island to the northwesterly point of saidisland; thence westerly in a straight line to Cobb Point Bar Lighthouse;thence northwesterly along the ridge of Cobb Point Sandbar to the southerlyextremity of Cobb Point; thence following the mean low-water line in generalnorthwesterly and northerly directions across the respective mouths of allcreeks and inlets to a point at the easterly entrance into Port TobaccoRiver, due east of Windmill Point; thence in a straight line westerly toWindmill Point; thence southwesterly following the mean low-water line acrossthe respective mouths of all creeks and inlets to Upper Cedar Point; thencesouthwesterly in a straight line across the mouth of Nanjemoy Creek to apoint on shore at the village of Riverside; thence following the meanlow-water line, southwesterly, northwesterly and northerly across therespective mouths of all creeks and inlets to Smiths Point; thence northerlyin a straight line to Liverpool Point; thence northerly in a straight line toSandy Point; thence following the mean low-water line northerly, across therespective mouths of all creeks and inlets to Moss Point; thence northerly ina straight line across Chicamuxen Creek to the southernmost point of StumpNeck; thence following the mean low-water line northeasterly, across therespective mouths of all creeks and inlets, to a point at the southerlyentrance into Mattawoman Creek; thence in a straight line northeasterlyacross the mouth of Mattawoman Creek to the southwesterly point of CornwallisNeck; thence following the mean low-water line northeasterly, across therespective mouths of all creeks and inlets, to Chapman Point; thence in astraight line northeasterly to Pomonkey or Hillis Point; thence following themean low-water line in a northerly direction across the respective mouths ofall creeks and inlets, to a point on Marshall Hall shore, due south of FerryPoint; thence northeasterly in a straight line to Bryan Point; thencenortheasterly in a straight line to the northwest extremity of Mockley Point;thence northeasterly in a straight line to Hatton Point; thence northerly ina straight line to the southwesternmost point of Indian Queen Bluff; thencefollowing the mean low-water line northerly across the respective mouths ofall creeks and inlets, to Rosier Bluff Point; thence in a straight linenortherly to the intersection with the District of Columbia line at Fox FerryPoint; thence following the boundary line of the District of Columbiasouthwesterly to a point on the lower or southern shore of the Potomac River,said point being the intersection of the boundary line of the Commonwealth ofVirginia with the boundary line of the District of Columbia; thence followingthe mean low-water line of the Potomac River on the southern, or Virginiashore, as defined in the Black-Jenkins Award of 1877 and as laid out in theMathews-Nelson Survey of 1927, beginning at the intersection of the PotomacRiver and the District of Columbia line at Jones Point and running to SmithsPoint; and thence in a straight line across the mouth of the Potomac River onthe established line from Smiths Point to Point Lookout, to the meanlow-water mark at Point Lookout, the place of beginning.
ARTICLE III COMMISSION POWERS AND DUTIES
§ 1. Oyster bars. - The Commission shall make a survey of the oyster barswithin its jurisdiction and may reseed and replant said oyster bars as mayfrom time to time be necessary.
§ 2. Fish and seafood. - The Commission may by regulation prescribe the type,size and description of all species of finfish, crabs, oysters, clams andother shellfish which may be taken or caught, within its jurisdiction, theplaces where they may be taken or caught, and the manner of taking orcatching.
§ 3. Research. - The Commission shall maintain a program of research relatingto the conservation and repletion of the fishery resources within itsjurisdiction, and to that end may cooperate and contract with scientists andpublic and private scientific agencies engaged in similar work, and maypurchase, construct, lease, borrow or otherwise acquire by any lawful methodsuch property, structures, facilities, or equipment as it deems necessary.
§ 4. Licenses. - (a) The Commission shall issue such licenses as it mayprescribe which shall thereupon be required for the taking of finfish, crabs,oysters, clams or other shellfish from the waters within the jurisdiction ofthe Commission, and for boats, vessels and equipment used for such taking.Recognizing that the right of fishing in the territory over which theCommission shall have jurisdiction is and shall be common to and equallyenjoyed by the citizens of Virginia and Maryland, the Commission shall makeno distinction between the citizens of Virginia or Maryland in any rule,regulation or the granting of any licenses, privileges, or rights under thiscompact.
(b) Licenses for the taking of oysters and clams and the commercial taking offinfish and crabs within the jurisdiction of the Commission shall be grantedonly to citizens of Maryland or Virginia who have resided in either or bothStates for at least twelve months immediately preceding the application forthe license. Within six months after the effective date of this compact, theCommission shall adopt a schedule of licenses, the privileges grantedthereby, and the fees therefor, which may be modified from time to time inthe discretion of the Commission.
(c) The licenses hereby authorized may be issued at such place, by suchpersons, and in accordance with such procedures as the Commission maydetermine.
§ 5. Expenditures. - The Commission is authorized to expend funds for thepurposes of general administration, repletion of the fish and shellfish inthe Potomac River, and the conservation and research programs authorizedunder this compact, subject to the limitations provided in this compact.
§ 6. Grants, contributions, etc. - The Commission is authorized to receiveand accept (or to refuse) from any and all public and private sources suchgrants, contributions, appropriations, donations, and gifts as may be givento it, which shall be paid into and become part of the General Fund of theCommission, except where the donor instructs that it shall be used for aspecific project, study, purpose, or program, in which event it shall beplaced in a special account, which shall be administered under the sameprocedure as that prescribed for the General Fund.
§ 7. Cooperation of state agencies. - The Commission may call upon theresources and assistance of the Virginia Institute of Marine Science, theUniversity of Maryland System, and all other agencies, institutions anddepartments of Maryland and Virginia which shall cooperate fully with theCommission upon such request.
§ 8. Regulations. - The Commission shall have the power to make, adopt andpublish such rules and regulations as may be necessary or desirable for theconduct of its meetings, such hearings as it may from time to time hold, andfor the administration of its affairs.
§ 9. Inspection tax. - The Commission may impose an inspection tax, in anamount as fixed from time to time by the Commission, which inspection tax maynot exceed the higher severance tax per bushel on oysters that is imposed bythe Commonwealth of Virginia or the State of Maryland in the waters of theirrespective jurisdictions, upon all oysters caught within the limits of thePotomac River. The tax shall be paid by the buyer at the place in Maryland orVirginia where the oysters are unloaded from vessels and are to be shipped nofurther in bulk in vessel, to an agent of the Commission, or to such officeror employee of the Virginia Marine Resources Commission or of the MarylandDepartment of Natural Resources, as may be designated by the Commission, andby him paid over to the Commission.
ARTICLE IV COMMISSION REGULATIONS - PROCEDURE AND REVIEW
§ 1. Notice, hearing, vote. - No regulation shall be adopted by theCommission unless:
(a) A public hearing is held thereon;
(b) Prior to the hearing the Commission has given notice of the proposedregulation by publication thereof at least once a week for three successiveweeks in at least one newspaper published, or having a general circulation ineach county of Maryland and Virginia contiguous to the waters within theCommission's jurisdiction, the first such publication to be at least thirtydays but not more than forty-five days prior to the date of the hearing;
(c) A copy of the proposed regulation is mailed at least thirty days but notmore than forty-five days prior to the hearing, to the clerk of the court ofeach county of Maryland and Virginia contiguous to the waters within theCommission's jurisdiction, who shall post the same in a conspicuous place ator in the courthouse; and
(d) The regulation is approved by at least six members of the Commission.
§ 2. Recording, effective date. - (a) Regulations of the Commission shall beexempt from the provisions of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 ofthe Code of Virginia (1950 Edition, as amended from time to time), and of §§10-106 and 10-107 of the State Government Article of the Annotated Code ofMaryland (1957 Edition, as amended from time to time). Copies of Commissionregulations shall be kept on public file and available for public referencein the office of the Commission, the office of the clerk of court in eachcounty of Maryland and Virginia contiguous to the waters within theCommission's jurisdiction, the office of the Virginia Registrar ofRegulations, the office of the Maryland Department of Legislative Reference,the office of the Virginia Marine Resources Commission, and the office of theMaryland Department of Natural Resources.
(b) No regulation of the Commission shall become effective until thirty (30)days after the date of its adoption, or such later date as may be fixed bythe Commission.
(c) Leasing, dredging or patent tonging shall be authorized by the Commissiononly if such authorization is granted by joint action of the Legislatures ofMaryland and Virginia.
§ 3. Review. - Any person aggrieved by any regulation or order of theCommission may at any time file a petition for declaratory judgment withrespect to the validity or construction thereof, in the circuit court of anycounty in Maryland or Virginia contiguous to the waters within theCommission's jurisdiction. A review of the final judgment of the circuitcourt may be appealed to the court of highest appellate jurisdiction of theState in accordance with the rules of procedure in such state.
§ 4. Revision by legislative action. - Regulations of the Commission may beamended, modified, or rescinded by joint enactment of the General Assembly ofMaryland and the General Assembly of Virginia.
§ 5. Revision of compact. - At any time subsequent to the adoption of thiscompact the Governor or Legislature of either Maryland or Virginia may callfor the appointment of a Commission to make further study and recommendationsconcerning revision and amendments to this compact, at which time theGovernors of the respective States shall act forthwith in compliance with therequest for the appointment of said Commission.
ARTICLE V ENFORCEMENT OF LAWS AND REGULATIONS; PENALTIES
§ 1. Responsibility for enforcement. - The regulations and orders of theCommission shall be enforced by the joint effort of the law-enforcementagencies and officers of Maryland and Virginia.
§ 2. Penalties. - The violation of any regulation of the Commission shall bea misdemeanor. Unless a lesser punishment is provided by the Commission, suchviolation shall be punishable by a fine not to exceed one thousand dollars($1,000.00) or confinement in a penal institution for not more than one (1)year, or both, in the discretion of the court, and any vessel, boat, orequipment used in the taking of finfish, crabs, oysters, clams, or othershellfish from the Potomac River in violation of any regulation of theCommission or of applicable laws may be confiscated by the court, upon theabandonment thereof or the conviction of the owner or operator thereof.
§ 3. Jurisdiction of court. - The officer making an arrest or preferring acharge for violation of a regulation of the Commission or an applicable Statelaw respecting the waters within the Commission's jurisdiction shall take thealleged offender to a court of competent jurisdiction in either State, in acounty adjacent to the portion of the Potomac River where the alleged offenseoccurred, which shall thereupon have jurisdiction over the offense.
§ 4. Disposition of fines and forfeitures. - All fines imposed for violationof regulations of the Commission or applicable State laws respecting thewaters within the Commission's jurisdiction shall be paid into the court inwhich the case is prosecuted, and accounted for under the laws applicable tothat court. Any property confiscated under the provisions of this compactshall be turned over to the Commission, which may retain, use or dispose ofit as it deems best.
ARTICLE VI COMMISSION FINANCES
§ 1. Budget. - The Commission shall approve and adopt a proposed annualbudget showing estimated income, revenues, appropriations, and grants fromall sources, and estimated necessary expenditures and shall send a copythereof to the Governors of Maryland and Virginia.
§ 2. Appropriations. - The said Governors shall place in the proposed budgetof their respective States for each year the sum of not less than fiftythousand dollars ($50,000.00) for the expenses and the other purposes of theCommission for that year, except that none of the sum so appropriated shallbe used for law-enforcement purposes; and the General Assembly of each of thetwo States agrees to appropriate annually not less than this sum to theCommission.
§ 3. General Fund. - (a) The General Fund shall consist of:
(1) All income and revenue received from the issuance of licenses under thiscompact;
(2) The proceeds of the disposition of property confiscated pursuant to theprovisions of this compact;
(3) The proceeds of the inspection tax upon oysters imposed pursuant to thiscompact; and
(4) The funds appropriated to the Commission by the two States.
(b) The General Fund of the Commission shall be kept in such bank ordepository as the Commission shall from time to time select. The General Fundshall be audited annually by the Auditor of Public Accounts of Virginia andthe State Auditor of Maryland acting jointly, and at such other times as theCommission may request.
ARTICLE VII EFFECT ON EXISTING LAWS AND PRIOR COMPACT
§ 1. Existing rights. - The rights, including the privilege of erecting andmaintaining wharves and other improvements, of the citizens of each Statealong the shores of the Potomac River adjoining their lands shall be neitherdiminished, restricted, enlarged, increased nor otherwise altered by thiscompact, and the decisions of the courts construing that portion of ArticleVII of the Compact of 1785 relating to the rights of riparian owners shall begiven full force and effect.
§ 2. Existing laws. - The laws of the State of Maryland relate to finfish,crabs, oysters, and clams in the Potomac River, as set forth in formerArticle 66C of the Annotated Code of Maryland and as in effect on Decemberone, nineteen hundred fifty-eight, shall be and remain applicable in thePotomac River except to the extent changed, amended, or modified byregulations of the Commission adopted in accordance with this compact.
§ 3. Existing licenses. - The rights and privileges of licensees to take andcatch finfish, crabs, oysters, clams, and other shellfish in the PotomacRiver, which are in effect at the time this compact becomes effective, shallcontinue in force for a period of six months at which time every such licenseand every such right and privilege shall be abrogated.
ARTICLE VIII EFFECT OF RATIFICATION
These articles shall be laid before the Legislatures of Virginia andMaryland, and their approbation being obtained, shall be confirmed andratified by a law of each State, never to be repealed or altered by either,without the consent of the other.
ARTICLE IX EFFECTIVE DATE
This compact, which takes the place of the Compact of 1785 between Marylandand Virginia, shall take effect at the expiration of sixty days after thecompletion of the last act legally necessary to make it operative, andthereupon the said Compact of 1785 shall no longer have any force or effect.
(Code 1950, § 28-218.1; 1959, Ex. Sess., cc. 5, 28; 1962, c. 406, § 28.1-203;1984, c. 637; 1985, c. 102; 1992, c. 836; 1995, c. 257; 1998, c. 216; 2007,c. 885.)
