{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1001.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1001.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1001.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1001.html"}],"law_id":60451,"edition_id":1,"section_id":60451,"structure_id":13855,"section_number":"28.2-1001","catch_line":"Potomac River Compact","history":"Code 1950, \u00a7 28-218.1; 1959, Ex. Sess., cc. 5, 28; 1962, c. 406, \u00a7 28.1-203; 1984, c. 637; 1985, c. 102; 1992, c. 836; 1995, c. 257; 1998, c. 216; 2007, c. 885; 2013, cc. 635, 688.","full_text":"PREAMBLE\n\t\tWhereas, Maryland and Virginia are both vitally interested in conserving and improving the valuable fishery resources of the Tidewater portion of the Potomac River, and\n\t\tWhereas, certain provisions of the Compact of 1785 between Maryland and Virginia having become obsolete, Maryland and Virginia each recognizing that Maryland is the owner of the Potomac River bed and waters to the low-water mark of the southern shore thereof, as laid out on the Mathews-Nelson Survey of 1927, and that Virginia is the owner of the Potomac River bed and waters southerly from said low-water mark as laid out, and that the citizens of Virginia have certain riparian rights along the southern shore of the river, as shown on said Mathews-Nelson Survey, and, in common with the citizens of Maryland, the right of fishing in said river, Maryland and Virginia have agreed that the necessary conservation and improvement of the Tidewater portion of the Potomac fishery resources can be best achieved by a Commission comprised of representatives of both Maryland and Virginia, charged with the establishment and maintenance of a program to conserve and improve these resources, and\n\t\tWhereas, at a meeting of the Commissioners appointed by the Governors of the State 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 Edward E. Lane, Esquires, on the part of the Commonwealth of Virginia, at Mount Vernon, Virginia, on the twentieth day of December, in the year one thousand nine hundred and fifty-eight, the following Potomac River Compact of 1958 between the Commonwealth of Virginia and the State of Maryland was mutually agreed to by the said Commissioners:\n\t\tNow, therefore, be it resolved by the Commissioners appointed by the Governors of the State of Maryland and the Commonwealth of Virginia, meeting in joint session, that they do unanimously recommend to the said respective Governors that there be a new compact, to be designated as the “Potomac River Compact of 1958,” and that the said new compact be referred as promptly as possible to the legislatures of the State of Maryland and the Commonwealth of Virginia for appropriate action, and to the end and after ratification and adoption by said legislatures the same be submitted to the Congress of the United States for approval.\n\t\tARTICLE I\n\t\tCOMMISSION — MEMBERSHIP AND ORGANIZATION\n\t\t\u00a7 1. Commission created. — The Potomac River Fisheries Commission, hereinafter designated as “Commission,” is hereby created.\n\t\t\u00a7 2. Members. — The Commission shall consist of eight members, four from Maryland and four from Virginia. The Maryland members shall be the Secretary of the Department of Natural Resources of Maryland or its successor agency or the Secretary’s designee, and three members at large to be appointed by the Governor of Maryland with the advice and consent of the Senate of Maryland. The Virginia members shall be three members of the Virginia Marine Resources Commission or its successor agency, and one member at large, to be appointed by the Governor of Virginia. If the membership of the Virginia Marine Resources Commission exceeds three, then the three Commission members from the Virginia Marine Resources Commission shall be selected by the Governor of Virginia; and if the membership of the Virginia Marine Resources Commission is less than three, the four Commission members from Virginia shall be the member or members of the Virginia Marine Resources Commission, and such additional person or persons who shall be appointed by the Governor as may be necessary to constitute a total of four Commissioners.\n\t\t\u00a7 3. Term, vacancies. — The term of Commissioners who are members of the Virginia Marine Resources Commission shall be coterminous with their term on the Virginia Marine Resources Commission. The Secretary of the Department of Natural Resources of Maryland or the Secretary’s designee shall serve ex officio. The term of all other Commissioners shall be four years. Vacancies on the Commission shall be filled by appointment of the Governor of the State entitled to fill the vacancy, except that if the Virginia Marine Resources Commission has three members, the person filling a vacancy on the Virginia Marine Resources Commission shall ex officio become a member of the Commission.\n\t\t\u00a7 4. Chairman. — The chairman of the Commission shall alternate from year to year between the representatives of Maryland and Virginia. Subject to such alternation, the chairman shall be elected by the Commissioners for a term of one year.\n\t\t\u00a7 5. Compensation, expenses. — Commissioners shall be entitled to receive from the General Fund of the Commission compensation not to exceed two hundred and fifty dollars ($250.00) for each day or portion thereof spent in the performance of their duties, but in no event to exceed one thousand five hundred dollars ($1,500) in any year, and reimbursement of reasonable expenses incident to the performance of their duties.\n\t\t\u00a7 6. Meetings, quorum. — Commission meetings shall be held at least once each quarter, and at such other times as the Commission may determine.\n\t\tIn order to constitute a quorum for the transaction of any business at least two of the four members from each State must be present and must vote on the business being transacted.\n\t\t\u00a7 7. Office and employees. — (For expiration date, see Acts 2007, c. 885, cl. 2) The Commission shall establish and maintain an office at such locations as it may select, and may employ an executive secretary who shall serve at the pleasure of the Commission, and such other administrative, clerical, scientific, and legal personnel as it deems necessary. The powers, duties and compensation of all employees shall be as prescribed by the Commission, and the employees shall not be subject to the provisions of Division I of the State Personnel and Pensions Article of the Annotated Code of Maryland that govern the Maryland State Personnel Management System nor to the provisions of the Virginia Personnel Act (\u00a7 2.2-2900 et seq.), as the same may be from time to time in effect. The Commission may extend to any employee or employees membership in the Virginia Retirement System or the Maryland Employees’ Retirement System, whichever is applicable, subject to the laws relating to each such retirement system. Employees of the Commission shall also be eligible for the health and related insurance for state employees in \u00a7 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of the State Personnel and Pensions Article of the Annotated Code of Maryland, whichever is applicable.\n\t\t\u00a7 7. Office and employees. — (For effective date, see Acts 2007, c. 885, cl. 2) The Commission shall establish and maintain an office at such locations as it may select, and may employ an executive secretary who shall serve at the pleasure of the Commission, and such other administrative, clerical, scientific, and legal personnel as it deems necessary. The powers, duties and compensation of all employees shall be as prescribed by the Commission, and the employees shall not be subject to the provisions of Division I of the State Personnel and Pensions Article of the Annotated Code of Maryland that govern the Maryland State Personnel Management System nor to the provisions of the Virginia Personnel Act (\u00a7 2.2-2900 et seq.), as the same may be from time to time in effect. The Commission may extend to any employee or employees membership in the Virginia Retirement System or the Maryland Employees’ Retirement System, whichever is applicable, subject to the laws relating to each such retirement system. Employees and retirees of the Commission shall also be eligible for the health and related insurance for state employees and retirees in \u00a7 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of the State Personnel and Pensions Article of the Annotated Code of Maryland, whichever is applicable.\n\t\tARTICLE II\n\t\tJURISDICTIONAL BOUNDARIES\n\t\tThe territory in which the Potomac River Fisheries Commission shall have jurisdiction shall be those waters of the Potomac River enclosed within the following described area:\n\t\tBeginning at the intersection of mean low-water mark at Point Lookout and an established line running from Smiths Point to Point Lookout, marking Chesapeake Bay waters; thence following the mean low-water line of the shore northwesterly across the respective mouths of all creeks to Gray Point at the westerly entrance into Rowley Bay; thence in a straight line northwesterly to the southerly extremity of Kitts Point; thence along the mean low-water line to the southwesterly point of St. Inigoes Neck; thence in a straight line westerly to the most easterly point of St. Georges Island; thence following the mean low-water line in a general northwesterly direction, across the respective mouths of all creeks and inlets to the southwesterly point of Huggins Point; thence in a straight line southwesterly to the eastern extremity of the sandbar known as Heron Island; thence northwesterly following the ridge of Heron Island Bar to its westerly extremity; thence southwesterly in a straight line to the most southerly point of Blackiston Island; thence in a straight line northwesterly to the southern extremity of Colton’s Point; thence following the mean low-water line, westerly, excluding all creeks and inlets, to the point marking the southeasterly entrance into St. Catherine Sound; thence westerly in a straight line to the southern extremity of St. Catherine Island Sandbar; thence northwesterly, along the westerly edge of said sandbar continuing along the mean low-water line of the southwesterly side of St. Catherine Island to the northwesterly point of said island; thence westerly in a straight line to Cobb Point Bar Lighthouse; thence northwesterly along the ridge of Cobb Point Sandbar to the southerly extremity of Cobb Point; thence following the mean low-water line in general northwesterly and northerly directions across the respective mouths of all creeks and inlets to a point at the easterly entrance into Port Tobacco River, due east of Windmill Point; thence in a straight line westerly to Windmill Point; thence southwesterly following the mean low-water line across the respective mouths of all creeks and inlets to Upper Cedar Point; thence southwesterly in a straight line across the mouth of Nanjemoy Creek to a point on shore at the village of Riverside; thence following the mean low-water line, southwesterly, northwesterly and northerly across the respective mouths of all creeks and inlets to Smiths Point; thence northerly in a straight line to Liverpool Point; thence northerly in a straight line to Sandy Point; thence following the mean low-water line northerly, across the respective mouths of all creeks and inlets to Moss Point; thence northerly in a straight line across Chicamuxen Creek to the southernmost point of Stump Neck; thence following the mean low-water line northeasterly, across the respective mouths of all creeks and inlets, to a point at the southerly entrance into Mattawoman Creek; thence in a straight line northeasterly across the mouth of Mattawoman Creek to the southwesterly point of Cornwallis Neck; thence following the mean low-water line northeasterly, across the respective mouths of all creeks and inlets, to Chapman Point; thence in a straight line northeasterly to Pomonkey or Hillis Point; thence following the mean low-water line in a northerly direction across the respective mouths of all creeks and inlets, to a point on Marshall Hall shore, due south of Ferry Point; thence northeasterly in a straight line to Bryan Point; thence northeasterly in a straight line to the northwest extremity of Mockley Point; thence northeasterly in a straight line to Hatton Point; thence northerly in a straight line to the southwesternmost point of Indian Queen Bluff; thence following the mean low-water line northerly across the respective mouths of all creeks and inlets, to Rosier Bluff Point; thence in a straight line northerly to the intersection with the District of Columbia line at Fox Ferry Point; thence following the boundary line of the District of Columbia southwesterly 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 of Virginia with the boundary line of the District of Columbia; thence following the mean low-water line of the Potomac River on the southern, or Virginia shore, as defined in the Black-Jenkins Award of 1877 and as laid out in the Mathews-Nelson Survey of 1927, beginning at the intersection of the Potomac River and the District of Columbia line at Jones Point and running to Smiths Point; and thence in a straight line across the mouth of the Potomac River on the established line from Smiths Point to Point Lookout, to the mean low-water mark at Point Lookout, the place of beginning.\n\t\tARTICLE III\n\t\tCOMMISSION POWERS AND DUTIES\n\t\t\u00a7 1. Oyster bars. — The Commission shall make a survey of the oyster bars within its jurisdiction and may reseed and replant said oyster bars as may from time to time be necessary.\n\t\t\u00a7 2. Fish and seafood. — The Commission may by regulation prescribe the type, size and description of all species of finfish, crabs, oysters, clams and other shellfish which may be taken or caught, within its jurisdiction, the places where they may be taken or caught, and the manner of taking or catching.\n\t\t\u00a7 3. Research. — The Commission shall maintain a program of research relating to the conservation and repletion of the fishery resources within its jurisdiction, and to that end may cooperate and contract with scientists and public and private scientific agencies engaged in similar work, and may purchase, construct, lease, borrow or otherwise acquire by any lawful method such property, structures, facilities, or equipment as it deems necessary.\n\t\t\u00a7 4. Licenses. — (a) The Commission shall issue such licenses as it may prescribe which shall thereupon be required for the taking of finfish, crabs, oysters, clams or other shellfish from the waters within the jurisdiction of the Commission, and for boats, vessels and equipment used for such taking. Recognizing that the right of fishing in the territory over which the Commission shall have jurisdiction is and shall be common to and equally enjoyed by the citizens of Virginia and Maryland, the Commission shall make no distinction between the citizens of Virginia or Maryland in any rule, regulation or the granting of any licenses, privileges, or rights under this compact.\n\nb\n\nLicenses for the taking of oysters and clams and the commercial taking of finfish and crabs within the jurisdiction of the Commission shall be granted only to citizens of Maryland or Virginia who have resided in either or both States for at least twelve months immediately preceding the application for the license. Within six months after the effective date of this compact, the Commission shall adopt a schedule of licenses, the privileges granted thereby, and the fees therefor, which may be modified from time to time in the discretion of the Commission.c\n\nThe licenses hereby authorized may be issued at such place, by such persons, and in accordance with such procedures as the Commission may determine.\n\t\t\t§ 5. Expenditures. — The Commission is authorized to expend funds for the purposes of general administration, repletion of the fish and shellfish in the Potomac River, and the conservation and research programs authorized under this compact, subject to the limitations provided in this compact.\n\t\t\t§ 6. Grants, contributions, etc. — The Commission is authorized to receive and accept (or to refuse) from any and all public and private sources such grants, contributions, appropriations, donations, and gifts as may be given to it, which shall be paid into and become part of the General Fund of the Commission, except where the donor instructs that it shall be used for a specific project, study, purpose, or program, in which event it shall be placed in a special account, which shall be administered under the same procedure as that prescribed for the General Fund.\n\t\t\t§ 7. Cooperation of state agencies. — The Commission may call upon the resources and assistance of the Virginia Institute of Marine Science, the University of Maryland System, and all other agencies, institutions and departments of Maryland and Virginia which shall cooperate fully with the Commission upon such request.\n\t\t\t§ 8. Regulations. — The Commission shall have the power to make, adopt and publish such rules and regulations as may be necessary or desirable for the conduct of its meetings, such hearings as it may from time to time hold, and for the administration of its affairs.\n\t\t\t§ 9. Inspection tax. — The Commission may impose an inspection tax, in an amount as fixed from time to time by the Commission, which inspection tax may not exceed two dollars ($2.00) per bushel, upon all oysters caught within the limits of the Potomac River. The tax shall be paid by the buyer at the place in Maryland or Virginia where the oysters are unloaded from vessels and are to be shipped no further in bulk in vessel, to an agent of the Commission, or to such officer or employee of the Virginia Marine Resources Commission or of the Maryland Department of Natural Resources, as may be designated by the Commission, and by him paid over to the Commission. The Commission shall use the proceeds of the oyster inspection tax solely for planting seed or shell oyster on working bottom.\n\t\t\tARTICLE IV\n\t\t\tCOMMISSION REGULATIONS — PROCEDURE AND REVIEW\n\t\t\t§ 1. Notice, hearing, vote. — No regulation shall be adopted by the Commission unless:a\n\nA public hearing is held thereon;b\n\nPrior to the hearing the Commission has given notice of the proposed regulation by publication thereof at least once a week for three successive weeks in at least one newspaper published, or having a general circulation in each county of Maryland and Virginia contiguous to the waters within the Commission’s jurisdiction, the first such publication to be at least thirty (30) days but not more than forty-five (45) days prior to the date of the hearing;c\n\nA copy of the proposed regulation is mailed at least thirty (30) days but not more than forty-five (45) days prior to the hearing, to the clerk of the court of each county of Maryland and Virginia contiguous to the waters within the Commission’s jurisdiction, who shall post the same in a conspicuous place at or in the courthouse; andd\n\nThe regulation is approved by at least six members of the Commission.\n\t\t\t§ 2. Recording, effective date. — (a) Regulations of the Commission shall be exempt from the provisions of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the 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 of Maryland (1957 Edition, as amended from time to time). Copies of Commission regulations shall be kept on public file and available for public reference in the office of the Commission, the office of the clerk of court in each county of Maryland and Virginia contiguous to the waters within the Commission’s jurisdiction, the office of the Virginia Registrar of Regulations, the office of the Maryland Department of Legislative Reference, the office of the Virginia Marine Resources Commission, and the office of the Maryland Department of Natural Resources.b\n\nNo 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 by the Commission.c\n\nLeasing, dredging or patent tonging shall be authorized by the Commission only if such authorization is granted by joint action of the Legislatures of Maryland and Virginia.\n\t\t\t\u00a7 3. Review. — Any person aggrieved by any regulation or order of the Commission may at any time file a petition for declaratory judgment with respect to the validity or construction thereof, in the circuit court of any county in Maryland or Virginia contiguous to the waters within the Commission’s jurisdiction. A review of the final judgment of the circuit court may be appealed to the court of highest appellate jurisdiction of the State in accordance with the rules of procedure in such state.\n\t\t\t\u00a7 4. Revision by legislative action. — Regulations of the Commission may be amended, modified, or rescinded by joint enactment of the General Assembly of Maryland and the General Assembly of Virginia.\n\t\t\t\u00a7 5. Revision of compact. — At any time subsequent to the adoption of this compact the Governor or Legislature of either Maryland or Virginia may call for the appointment of a Commission to make further study and recommendations concerning revision and amendments to this compact, at which time the Governors of the respective States shall act forthwith in compliance with the request for the appointment of said Commission.\n\t\t\tARTICLE V\n\t\t\tENFORCEMENT OF LAWS AND REGULATIONS; PENALTIES\n\t\t\t\u00a7 1. Responsibility for enforcement. — The regulations and orders of the Commission shall be enforced by the joint effort of the law-enforcement agencies and officers of Maryland and Virginia.\n\t\t\t\u00a7 2. (Contingent expiration date — see Editor’s note) Penalties. — The violation of any regulation of the Commission shall be a misdemeanor. Unless a lesser punishment is provided by the Commission, such violation 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, or equipment used in the taking of finfish, crabs, oysters, clams, or other shellfish from the Potomac River in violation of any regulation of the Commission or of applicable laws may be confiscated by the court, upon the abandonment thereof or the conviction of the owner or operator thereof.\n\t\t\t\u00a7 2. (Contingent effective date — see Editor’s note) Penalties. — The violation of any regulation of the Commission shall be a misdemeanor. Unless a lesser punishment is provided by the Commission, such violation shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) 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, or equipment used in the taking of finfish, crabs, oysters, clams, or other shellfish from the Potomac River in violation of any regulation of the Commission or of applicable laws may be confiscated by the court, upon the abandonment thereof or the conviction of the owner or operator thereof.\n\t\t\t\u00a7 3. (Contingent expiration date — see Editor’s note) Jurisdiction of court. — The officer making an arrest or preferring a charge for violation of a regulation of the Commission or an applicable State law respecting the waters within the Commission’s jurisdiction shall take the alleged offender to a court of competent jurisdiction in either State, in a county adjacent to the portion of the Potomac River where the alleged offense occurred, which shall thereupon have jurisdiction over the offense.\n\t\t\t\u00a7 3. (Contingent effective date — see Editor’s note) Jurisdiction of court. — The officer making an arrest or preferring a charge for violation of a regulation of the Commission or an applicable State law respecting the waters within the Commission’s jurisdiction shall take the alleged offender to a court of competent jurisdiction in the state in which he resides if he is a resident of Virginia or Maryland, or if the offender is not a resident of either state, in a county adjacent to the portion of the Potomac River where the alleged offense occurred, which shall thereupon have jurisdiction over the offense.\n\t\t\t\u00a7 4. Disposition of fines and forfeitures. — All fines imposed for violation of regulations of the Commission or applicable State laws respecting the waters within the Commission’s jurisdiction shall be paid into the court in which the case is prosecuted, and accounted for under the laws applicable to that court. Any property confiscated under the provisions of this compact shall be turned over to the Commission, which may retain, use or dispose of it as it deems best.\n\t\t\tARTICLE VI\n\t\t\tCOMMISSION FINANCES\n\t\t\t\u00a7 1. Budget. — The Commission shall approve and adopt a proposed annual budget showing estimated income, revenues, appropriations, and grants from all sources, and estimated necessary expenditures and shall send a copy thereof to the Governors of Maryland and Virginia.\n\t\t\t\u00a7 2. Appropriations. — The said Governors shall place in the proposed budget of their respective States for each year the sum of not less than fifty thousand dollars ($50,000.00) for the expenses and the other purposes of the Commission for that year, except that none of the sum so appropriated shall be used for law-enforcement purposes; and the General Assembly of each of the two States agrees to appropriate annually not less than this sum to the Commission.\n\t\t\t\u00a7 3. General Fund. — (a) The General Fund shall consist of:1\n\nAll income and revenue received from the issuance of licenses under this compact;2\n\nThe proceeds of the disposition of property confiscated pursuant to the provisions of this compact;3\n\nThe proceeds of the inspection tax upon oysters imposed pursuant to this compact; and4\n\nThe funds appropriated to the Commission by the two States.b\n\nThe General Fund of the Commission shall be kept in such bank or depository as the Commission shall from time to time select. The General Fund shall be audited annually by the Auditor of Public Accounts of Virginia and the State Auditor of Maryland acting jointly, and at such other times as the Commission may request.\n\t\t\tARTICLE VII\n\t\t\tEFFECT ON EXISTING LAWS AND PRIOR COMPACT\n\t\t\t§ 1. Existing rights. — The rights, including the privilege of erecting and maintaining wharves and other improvements, of the citizens of each State along the shores of the Potomac River adjoining their lands shall be neither diminished, restricted, enlarged, increased nor otherwise altered by this compact, and the decisions of the courts construing that portion of Article VII of the Compact of 1785 relating to the rights of riparian owners shall be given full force and effect.\n\t\t\t§ 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 former Article 66C of the Annotated Code of Maryland and as in effect on December one, nineteen hundred fifty-eight, shall be and remain applicable in the Potomac River except to the extent changed, amended, or modified by regulations of the Commission adopted in accordance with this compact.\n\t\t\t§ 3. Existing licenses. — The rights and privileges of licensees to take and catch finfish, crabs, oysters, clams, and other shellfish in the Potomac River, which are in effect at the time this compact becomes effective, shall continue in force for a period of six months at which time every such license and every such right and privilege shall be abrogated.\n\t\t\tARTICLE VIII\n\t\t\tEFFECT OF RATIFICATION\n\t\t\tThese articles shall be laid before the Legislatures of Virginia and Maryland, and their approbation being obtained, shall be confirmed and ratified by a law of each State, never to be repealed or altered by either, without the consent of the other.\n\t\t\tARTICLE IX\n\t\t\tEFFECTIVE DATE\n\t\t\tThis compact, which takes the place of the Compact of 1785 between Maryland and Virginia, shall take effect at the expiration of sixty (60) days after the completion of the last act legally necessary to make it operative, and thereupon the said Compact of 1785 shall no longer have any force or effect.","order_by":null,"text":{"0":{"id":221028,"text":"PREAMBLE\n\t\tWhereas, Maryland and Virginia are both vitally interested in conserving and improving the valuable fishery resources of the Tidewater portion of the Potomac River, and\n\t\tWhereas, certain provisions of the Compact of 1785 between Maryland and Virginia having become obsolete, Maryland and Virginia each recognizing that Maryland is the owner of the Potomac River bed and waters to the low-water mark of the southern shore thereof, as laid out on the Mathews-Nelson Survey of 1927, and that Virginia is the owner of the Potomac River bed and waters southerly from said low-water mark as laid out, and that the citizens of Virginia have certain riparian rights along the southern shore of the river, as shown on said Mathews-Nelson Survey, and, in common with the citizens of Maryland, the right of fishing in said river, Maryland and Virginia have agreed that the necessary conservation and improvement of the Tidewater portion of the Potomac fishery resources can be best achieved by a Commission comprised of representatives of both Maryland and Virginia, charged with the establishment and maintenance of a program to conserve and improve these resources, and\n\t\tWhereas, at a meeting of the Commissioners appointed by the Governors of the State 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 Edward E. Lane, Esquires, on the part of the Commonwealth of Virginia, at Mount Vernon, Virginia, on the twentieth day of December, in the year one thousand nine hundred and fifty-eight, the following Potomac River Compact of 1958 between the Commonwealth of Virginia and the State of Maryland was mutually agreed to by the said Commissioners:\n\t\tNow, therefore, be it resolved by the Commissioners appointed by the Governors of the State of Maryland and the Commonwealth of Virginia, meeting in joint session, that they do unanimously recommend to the said respective Governors that there be a new compact, to be designated as the “Potomac River Compact of 1958,” and that the said new compact be referred as promptly as possible to the legislatures of the State of Maryland and the Commonwealth of Virginia for appropriate action, and to the end and after ratification and adoption by said legislatures the same be submitted to the Congress of the United States for approval.\n\t\tARTICLE I\n\t\tCOMMISSION — MEMBERSHIP AND ORGANIZATION\n\t\t\u00a7 1. Commission created. — The Potomac River Fisheries Commission, hereinafter designated as “Commission,” is hereby created.\n\t\t\u00a7 2. Members. — The Commission shall consist of eight members, four from Maryland and four from Virginia. The Maryland members shall be the Secretary of the Department of Natural Resources of Maryland or its successor agency or the Secretary’s designee, and three members at large to be appointed by the Governor of Maryland with the advice and consent of the Senate of Maryland. The Virginia members shall be three members of the Virginia Marine Resources Commission or its successor agency, and one member at large, to be appointed by the Governor of Virginia. If the membership of the Virginia Marine Resources Commission exceeds three, then the three Commission members from the Virginia Marine Resources Commission shall be selected by the Governor of Virginia; and if the membership of the Virginia Marine Resources Commission is less than three, the four Commission members from Virginia shall be the member or members of the Virginia Marine Resources Commission, and such additional person or persons who shall be appointed by the Governor as may be necessary to constitute a total of four Commissioners.\n\t\t\u00a7 3. Term, vacancies. — The term of Commissioners who are members of the Virginia Marine Resources Commission shall be coterminous with their term on the Virginia Marine Resources Commission. The Secretary of the Department of Natural Resources of Maryland or the Secretary’s designee shall serve ex officio. The term of all other Commissioners shall be four years. Vacancies on the Commission shall be filled by appointment of the Governor of the State entitled to fill the vacancy, except that if the Virginia Marine Resources Commission has three members, the person filling a vacancy on the Virginia Marine Resources Commission shall ex officio become a member of the Commission.\n\t\t\u00a7 4. Chairman. — The chairman of the Commission shall alternate from year to year between the representatives of Maryland and Virginia. Subject to such alternation, the chairman shall be elected by the Commissioners for a term of one year.\n\t\t\u00a7 5. Compensation, expenses. — Commissioners shall be entitled to receive from the General Fund of the Commission compensation not to exceed two hundred and fifty dollars ($250.00) for each day or portion thereof spent in the performance of their duties, but in no event to exceed one thousand five hundred dollars ($1,500) in any year, and reimbursement of reasonable expenses incident to the performance of their duties.\n\t\t\u00a7 6. Meetings, quorum. — Commission meetings shall be held at least once each quarter, and at such other times as the Commission may determine.\n\t\tIn order to constitute a quorum for the transaction of any business at least two of the four members from each State must be present and must vote on the business being transacted.\n\t\t\u00a7 7. Office and employees. — (For expiration date, see Acts 2007, c. 885, cl. 2) The Commission shall establish and maintain an office at such locations as it may select, and may employ an executive secretary who shall serve at the pleasure of the Commission, and such other administrative, clerical, scientific, and legal personnel as it deems necessary. The powers, duties and compensation of all employees shall be as prescribed by the Commission, and the employees shall not be subject to the provisions of Division I of the State Personnel and Pensions Article of the Annotated Code of Maryland that govern the Maryland State Personnel Management System nor to the provisions of the Virginia Personnel Act (\u00a7 2.2-2900 et seq.), as the same may be from time to time in effect. The Commission may extend to any employee or employees membership in the Virginia Retirement System or the Maryland Employees’ Retirement System, whichever is applicable, subject to the laws relating to each such retirement system. Employees of the Commission shall also be eligible for the health and related insurance for state employees in \u00a7 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of the State Personnel and Pensions Article of the Annotated Code of Maryland, whichever is applicable.\n\t\t\u00a7 7. Office and employees. — (For effective date, see Acts 2007, c. 885, cl. 2) The Commission shall establish and maintain an office at such locations as it may select, and may employ an executive secretary who shall serve at the pleasure of the Commission, and such other administrative, clerical, scientific, and legal personnel as it deems necessary. The powers, duties and compensation of all employees shall be as prescribed by the Commission, and the employees shall not be subject to the provisions of Division I of the State Personnel and Pensions Article of the Annotated Code of Maryland that govern the Maryland State Personnel Management System nor to the provisions of the Virginia Personnel Act (\u00a7 2.2-2900 et seq.), as the same may be from time to time in effect. The Commission may extend to any employee or employees membership in the Virginia Retirement System or the Maryland Employees’ Retirement System, whichever is applicable, subject to the laws relating to each such retirement system. Employees and retirees of the Commission shall also be eligible for the health and related insurance for state employees and retirees in \u00a7 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of the State Personnel and Pensions Article of the Annotated Code of Maryland, whichever is applicable.\n\t\tARTICLE II\n\t\tJURISDICTIONAL BOUNDARIES\n\t\tThe territory in which the Potomac River Fisheries Commission shall have jurisdiction shall be those waters of the Potomac River enclosed within the following described area:\n\t\tBeginning at the intersection of mean low-water mark at Point Lookout and an established line running from Smiths Point to Point Lookout, marking Chesapeake Bay waters; thence following the mean low-water line of the shore northwesterly across the respective mouths of all creeks to Gray Point at the westerly entrance into Rowley Bay; thence in a straight line northwesterly to the southerly extremity of Kitts Point; thence along the mean low-water line to the southwesterly point of St. Inigoes Neck; thence in a straight line westerly to the most easterly point of St. Georges Island; thence following the mean low-water line in a general northwesterly direction, across the respective mouths of all creeks and inlets to the southwesterly point of Huggins Point; thence in a straight line southwesterly to the eastern extremity of the sandbar known as Heron Island; thence northwesterly following the ridge of Heron Island Bar to its westerly extremity; thence southwesterly in a straight line to the most southerly point of Blackiston Island; thence in a straight line northwesterly to the southern extremity of Colton’s Point; thence following the mean low-water line, westerly, excluding all creeks and inlets, to the point marking the southeasterly entrance into St. Catherine Sound; thence westerly in a straight line to the southern extremity of St. Catherine Island Sandbar; thence northwesterly, along the westerly edge of said sandbar continuing along the mean low-water line of the southwesterly side of St. Catherine Island to the northwesterly point of said island; thence westerly in a straight line to Cobb Point Bar Lighthouse; thence northwesterly along the ridge of Cobb Point Sandbar to the southerly extremity of Cobb Point; thence following the mean low-water line in general northwesterly and northerly directions across the respective mouths of all creeks and inlets to a point at the easterly entrance into Port Tobacco River, due east of Windmill Point; thence in a straight line westerly to Windmill Point; thence southwesterly following the mean low-water line across the respective mouths of all creeks and inlets to Upper Cedar Point; thence southwesterly in a straight line across the mouth of Nanjemoy Creek to a point on shore at the village of Riverside; thence following the mean low-water line, southwesterly, northwesterly and northerly across the respective mouths of all creeks and inlets to Smiths Point; thence northerly in a straight line to Liverpool Point; thence northerly in a straight line to Sandy Point; thence following the mean low-water line northerly, across the respective mouths of all creeks and inlets to Moss Point; thence northerly in a straight line across Chicamuxen Creek to the southernmost point of Stump Neck; thence following the mean low-water line northeasterly, across the respective mouths of all creeks and inlets, to a point at the southerly entrance into Mattawoman Creek; thence in a straight line northeasterly across the mouth of Mattawoman Creek to the southwesterly point of Cornwallis Neck; thence following the mean low-water line northeasterly, across the respective mouths of all creeks and inlets, to Chapman Point; thence in a straight line northeasterly to Pomonkey or Hillis Point; thence following the mean low-water line in a northerly direction across the respective mouths of all creeks and inlets, to a point on Marshall Hall shore, due south of Ferry Point; thence northeasterly in a straight line to Bryan Point; thence northeasterly in a straight line to the northwest extremity of Mockley Point; thence northeasterly in a straight line to Hatton Point; thence northerly in a straight line to the southwesternmost point of Indian Queen Bluff; thence following the mean low-water line northerly across the respective mouths of all creeks and inlets, to Rosier Bluff Point; thence in a straight line northerly to the intersection with the District of Columbia line at Fox Ferry Point; thence following the boundary line of the District of Columbia southwesterly 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 of Virginia with the boundary line of the District of Columbia; thence following the mean low-water line of the Potomac River on the southern, or Virginia shore, as defined in the Black-Jenkins Award of 1877 and as laid out in the Mathews-Nelson Survey of 1927, beginning at the intersection of the Potomac River and the District of Columbia line at Jones Point and running to Smiths Point; and thence in a straight line across the mouth of the Potomac River on the established line from Smiths Point to Point Lookout, to the mean low-water mark at Point Lookout, the place of beginning.\n\t\tARTICLE III\n\t\tCOMMISSION POWERS AND DUTIES\n\t\t\u00a7 1. Oyster bars. — The Commission shall make a survey of the oyster bars within its jurisdiction and may reseed and replant said oyster bars as may from time to time be necessary.\n\t\t\u00a7 2. Fish and seafood. — The Commission may by regulation prescribe the type, size and description of all species of finfish, crabs, oysters, clams and other shellfish which may be taken or caught, within its jurisdiction, the places where they may be taken or caught, and the manner of taking or catching.\n\t\t\u00a7 3. Research. — The Commission shall maintain a program of research relating to the conservation and repletion of the fishery resources within its jurisdiction, and to that end may cooperate and contract with scientists and public and private scientific agencies engaged in similar work, and may purchase, construct, lease, borrow or otherwise acquire by any lawful method such property, structures, facilities, or equipment as it deems necessary.\n\t\t\u00a7 4. Licenses. — (a) The Commission shall issue such licenses as it may prescribe which shall thereupon be required for the taking of finfish, crabs, oysters, clams or other shellfish from the waters within the jurisdiction of the Commission, and for boats, vessels and equipment used for such taking. Recognizing that the right of fishing in the territory over which the Commission shall have jurisdiction is and shall be common to and equally enjoyed by the citizens of Virginia and Maryland, the Commission shall make no distinction between the citizens of Virginia or Maryland in any rule, regulation or the granting of any licenses, privileges, or rights under this compact.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"b"},"1":{"id":221029,"text":"Licenses for the taking of oysters and clams and the commercial taking of finfish and crabs within the jurisdiction of the Commission shall be granted only to citizens of Maryland or Virginia who have resided in either or both States for at least twelve months immediately preceding the application for the license. Within six months after the effective date of this compact, the Commission shall adopt a schedule of licenses, the privileges granted thereby, and the fees therefor, which may be modified from time to time in the discretion of the Commission.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"","next_prefix":"c"},"2":{"id":221030,"text":"The licenses hereby authorized may be issued at such place, by such persons, and in accordance with such procedures as the Commission may determine.\n\t\t\t§ 5. Expenditures. — The Commission is authorized to expend funds for the purposes of general administration, repletion of the fish and shellfish in the Potomac River, and the conservation and research programs authorized under this compact, subject to the limitations provided in this compact.\n\t\t\t§ 6. Grants, contributions, etc. — The Commission is authorized to receive and accept (or to refuse) from any and all public and private sources such grants, contributions, appropriations, donations, and gifts as may be given to it, which shall be paid into and become part of the General Fund of the Commission, except where the donor instructs that it shall be used for a specific project, study, purpose, or program, in which event it shall be placed in a special account, which shall be administered under the same procedure as that prescribed for the General Fund.\n\t\t\t§ 7. Cooperation of state agencies. — The Commission may call upon the resources and assistance of the Virginia Institute of Marine Science, the University of Maryland System, and all other agencies, institutions and departments of Maryland and Virginia which shall cooperate fully with the Commission upon such request.\n\t\t\t§ 8. Regulations. — The Commission shall have the power to make, adopt and publish such rules and regulations as may be necessary or desirable for the conduct of its meetings, such hearings as it may from time to time hold, and for the administration of its affairs.\n\t\t\t§ 9. Inspection tax. — The Commission may impose an inspection tax, in an amount as fixed from time to time by the Commission, which inspection tax may not exceed two dollars ($2.00) per bushel, upon all oysters caught within the limits of the Potomac River. The tax shall be paid by the buyer at the place in Maryland or Virginia where the oysters are unloaded from vessels and are to be shipped no further in bulk in vessel, to an agent of the Commission, or to such officer or employee of the Virginia Marine Resources Commission or of the Maryland Department of Natural Resources, as may be designated by the Commission, and by him paid over to the Commission. The Commission shall use the proceeds of the oyster inspection tax solely for planting seed or shell oyster on working bottom.\n\t\t\tARTICLE IV\n\t\t\tCOMMISSION REGULATIONS — PROCEDURE AND REVIEW\n\t\t\t§ 1. Notice, hearing, vote. — No regulation shall be adopted by the Commission unless:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"a"},"3":{"id":221031,"text":"A public hearing is held thereon;","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"c","next_prefix":"b"},"4":{"id":221032,"text":"Prior to the hearing the Commission has given notice of the proposed regulation by publication thereof at least once a week for three successive weeks in at least one newspaper published, or having a general circulation in each county of Maryland and Virginia contiguous to the waters within the Commission’s jurisdiction, the first such publication to be at least thirty (30) days but not more than forty-five (45) days prior to the date of the hearing;","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"5":{"id":221033,"text":"A copy of the proposed regulation is mailed at least thirty (30) days but not more than forty-five (45) days prior to the hearing, to the clerk of the court of each county of Maryland and Virginia contiguous to the waters within the Commission’s jurisdiction, who shall post the same in a conspicuous place at or in the courthouse; and","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"6":{"id":221034,"text":"The regulation is approved by at least six members of the Commission.\n\t\t\t§ 2. Recording, effective date. — (a) Regulations of the Commission shall be exempt from the provisions of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the 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 of Maryland (1957 Edition, as amended from time to time). Copies of Commission regulations shall be kept on public file and available for public reference in the office of the Commission, the office of the clerk of court in each county of Maryland and Virginia contiguous to the waters within the Commission’s jurisdiction, the office of the Virginia Registrar of Regulations, the office of the Maryland Department of Legislative Reference, the office of the Virginia Marine Resources Commission, and the office of the Maryland Department of Natural Resources.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"b"},"7":{"id":221035,"text":"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 by the Commission.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"d","next_prefix":"c"},"8":{"id":221036,"text":"Leasing, dredging or patent tonging shall be authorized by the Commission only if such authorization is granted by joint action of the Legislatures of Maryland and Virginia.\n\t\t\t\u00a7 3. Review. — Any person aggrieved by any regulation or order of the Commission may at any time file a petition for declaratory judgment with respect to the validity or construction thereof, in the circuit court of any county in Maryland or Virginia contiguous to the waters within the Commission’s jurisdiction. A review of the final judgment of the circuit court may be appealed to the court of highest appellate jurisdiction of the State in accordance with the rules of procedure in such state.\n\t\t\t\u00a7 4. Revision by legislative action. — Regulations of the Commission may be amended, modified, or rescinded by joint enactment of the General Assembly of Maryland and the General Assembly of Virginia.\n\t\t\t\u00a7 5. Revision of compact. — At any time subsequent to the adoption of this compact the Governor or Legislature of either Maryland or Virginia may call for the appointment of a Commission to make further study and recommendations concerning revision and amendments to this compact, at which time the Governors of the respective States shall act forthwith in compliance with the request for the appointment of said Commission.\n\t\t\tARTICLE V\n\t\t\tENFORCEMENT OF LAWS AND REGULATIONS; PENALTIES\n\t\t\t\u00a7 1. Responsibility for enforcement. — The regulations and orders of the Commission shall be enforced by the joint effort of the law-enforcement agencies and officers of Maryland and Virginia.\n\t\t\t\u00a7 2. (Contingent expiration date — see Editor’s note) Penalties. — The violation of any regulation of the Commission shall be a misdemeanor. Unless a lesser punishment is provided by the Commission, such violation 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, or equipment used in the taking of finfish, crabs, oysters, clams, or other shellfish from the Potomac River in violation of any regulation of the Commission or of applicable laws may be confiscated by the court, upon the abandonment thereof or the conviction of the owner or operator thereof.\n\t\t\t\u00a7 2. (Contingent effective date — see Editor’s note) Penalties. — The violation of any regulation of the Commission shall be a misdemeanor. Unless a lesser punishment is provided by the Commission, such violation shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) 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, or equipment used in the taking of finfish, crabs, oysters, clams, or other shellfish from the Potomac River in violation of any regulation of the Commission or of applicable laws may be confiscated by the court, upon the abandonment thereof or the conviction of the owner or operator thereof.\n\t\t\t\u00a7 3. (Contingent expiration date — see Editor’s note) Jurisdiction of court. — The officer making an arrest or preferring a charge for violation of a regulation of the Commission or an applicable State law respecting the waters within the Commission’s jurisdiction shall take the alleged offender to a court of competent jurisdiction in either State, in a county adjacent to the portion of the Potomac River where the alleged offense occurred, which shall thereupon have jurisdiction over the offense.\n\t\t\t\u00a7 3. (Contingent effective date — see Editor’s note) Jurisdiction of court. — The officer making an arrest or preferring a charge for violation of a regulation of the Commission or an applicable State law respecting the waters within the Commission’s jurisdiction shall take the alleged offender to a court of competent jurisdiction in the state in which he resides if he is a resident of Virginia or Maryland, or if the offender is not a resident of either state, in a county adjacent to the portion of the Potomac River where the alleged offense occurred, which shall thereupon have jurisdiction over the offense.\n\t\t\t\u00a7 4. Disposition of fines and forfeitures. — All fines imposed for violation of regulations of the Commission or applicable State laws respecting the waters within the Commission’s jurisdiction shall be paid into the court in which the case is prosecuted, and accounted for under the laws applicable to that court. Any property confiscated under the provisions of this compact shall be turned over to the Commission, which may retain, use or dispose of it as it deems best.\n\t\t\tARTICLE VI\n\t\t\tCOMMISSION FINANCES\n\t\t\t\u00a7 1. Budget. — The Commission shall approve and adopt a proposed annual budget showing estimated income, revenues, appropriations, and grants from all sources, and estimated necessary expenditures and shall send a copy thereof to the Governors of Maryland and Virginia.\n\t\t\t\u00a7 2. Appropriations. — The said Governors shall place in the proposed budget of their respective States for each year the sum of not less than fifty thousand dollars ($50,000.00) for the expenses and the other purposes of the Commission for that year, except that none of the sum so appropriated shall be used for law-enforcement purposes; and the General Assembly of each of the two States agrees to appropriate annually not less than this sum to the Commission.\n\t\t\t\u00a7 3. General Fund. — (a) The General Fund shall consist of:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"c1"},"9":{"id":221037,"text":"All income and revenue received from the issuance of licenses under this compact;","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"10":{"id":221038,"text":"The proceeds of the disposition of property confiscated pursuant to the provisions of this compact;","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"c3"},"11":{"id":221039,"text":"The proceeds of the inspection tax upon oysters imposed pursuant to this compact; and","type":"section","prefixes":["c","3"],"prefix":"3","entire_prefix":"c3","prefix_anchor":"c3","level":2,"prior_prefix":"c2","next_prefix":"c4"},"12":{"id":221040,"text":"The funds appropriated to the Commission by the two States.","type":"section","prefixes":["c","4"],"prefix":"4","entire_prefix":"c4","prefix_anchor":"c4","level":2,"prior_prefix":"c3","next_prefix":"b"},"13":{"id":221041,"text":"The General Fund of the Commission shall be kept in such bank or depository as the Commission shall from time to time select. The General Fund shall be audited annually by the Auditor of Public Accounts of Virginia and the State Auditor of Maryland acting jointly, and at such other times as the Commission may request.\n\t\t\tARTICLE VII\n\t\t\tEFFECT ON EXISTING LAWS AND PRIOR COMPACT\n\t\t\t§ 1. Existing rights. — The rights, including the privilege of erecting and maintaining wharves and other improvements, of the citizens of each State along the shores of the Potomac River adjoining their lands shall be neither diminished, restricted, enlarged, increased nor otherwise altered by this compact, and the decisions of the courts construing that portion of Article VII of the Compact of 1785 relating to the rights of riparian owners shall be given full force and effect.\n\t\t\t§ 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 former Article 66C of the Annotated Code of Maryland and as in effect on December one, nineteen hundred fifty-eight, shall be and remain applicable in the Potomac River except to the extent changed, amended, or modified by regulations of the Commission adopted in accordance with this compact.\n\t\t\t§ 3. Existing licenses. — The rights and privileges of licensees to take and catch finfish, crabs, oysters, clams, and other shellfish in the Potomac River, which are in effect at the time this compact becomes effective, shall continue in force for a period of six months at which time every such license and every such right and privilege shall be abrogated.\n\t\t\tARTICLE VIII\n\t\t\tEFFECT OF RATIFICATION\n\t\t\tThese articles shall be laid before the Legislatures of Virginia and Maryland, and their approbation being obtained, shall be confirmed and ratified by a law of each State, never to be repealed or altered by either, without the consent of the other.\n\t\t\tARTICLE IX\n\t\t\tEFFECTIVE DATE\n\t\t\tThis compact, which takes the place of the Compact of 1785 between Maryland and Virginia, shall take effect at the expiration of sixty (60) days after the completion of the last act legally necessary to make it operative, and thereupon the said Compact of 1785 shall no longer have any force or effect.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"c4"}},"ancestry":[{"id":13855,"edition_id":1,"name":"Potomac River Compact; Related Laws","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13854,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":190691,"object_type":"structure","relational_id":13855,"identifier":"2","token":"28.2\/II\/10\/2","url":"\/28.2\/II\/10\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13854,"edition_id":1,"name":"Compacts and Joint Laws With Other States","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":190675,"object_type":"structure","relational_id":13854,"identifier":"10","token":"28.2\/II\/10","url":"\/28.2\/II\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60451,"structure_id":13855,"section_number":"28.2-1001","catch_line":"Potomac River Compact","url":"\/28.2-1001\/","token":"28.2\/II\/10\/2\/28.2-1001","metadata":false},{"id":54877,"structure_id":13855,"section_number":"28.2-1002","catch_line":"Cooperation of agencies of Commonwealth","url":"\/28.2-1002\/","token":"28.2\/II\/10\/2\/28.2-1002","metadata":false},{"id":64390,"structure_id":13855,"section_number":"28.2-1003","catch_line":"Authority to regulate dredging of soft shell clams","url":"\/28.2-1003\/","token":"28.2\/II\/10\/2\/28.2-1003","metadata":false},{"id":66428,"structure_id":13855,"section_number":"28.2-1004","catch_line":"Authority to authorize and regulate experimental oyster hatchery program","url":"\/28.2-1004\/","token":"28.2\/II\/10\/2\/28.2-1004","metadata":false},{"id":81560,"structure_id":13855,"section_number":"28.2-1005","catch_line":"Authority to regulate dredging of oysters","url":"\/28.2-1005\/","token":"28.2\/II\/10\/2\/28.2-1005","metadata":false},{"id":75193,"structure_id":13855,"section_number":"28.2-1006","catch_line":"Lawfully harvested finfish and shellfish; possession, storage, marketing and disposal","url":"\/28.2-1006\/","token":"28.2\/II\/10\/2\/28.2-1006","metadata":false},{"id":82577,"structure_id":13855,"section_number":"28.2-1007","catch_line":"(For effective date, see Acts 2007, c. 885, cl. 2) Authority to regulate leasing","url":"\/28.2-1007\/","token":"28.2\/II\/10\/2\/28.2-1007","metadata":false}],"next_section":{"id":54877,"structure_id":13855,"section_number":"28.2-1002","catch_line":"Cooperation of agencies of Commonwealth","url":"\/28.2-1002\/","token":"28.2\/II\/10\/2\/28.2-1002","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1001\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 406; in 1984, chapter 637; in 1985, chapter 102; in 1992, chapter 836; in 1995, chapter 257<\/a>; in 1998, chapter 216<\/a>; in 2007, chapter 885<\/a>; in 2013, chapters 635<\/a> and 688<\/a>.<\/p>","references":[{"id":58586,"section_number":"62.1-44.114","catch_line":"Use of Potomac River; riparian rights","order_by":null,"url":"\/62.1-44.114\/"}],"refers_to":[{"id":68317,"section_number":"2.2-2818","catch_line":"Health and related insurance for state employees","order_by":null,"url":"\/2.2-2818\/"},{"id":65778,"section_number":"2.2-2900","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-2900\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":190693,"object_type":"law","relational_id":60451,"identifier":"28.2-1001","token":"28.2\/II\/10\/2\/28.2-1001","url":"\/28.2-1001\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1001\/","token":"28.2\/II\/10\/2\/28.2-1001","dublin_core":{"Title":"Potomac River Compact","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1001","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

PREAMBLE\n\t\tWhereas, Maryland and Virginia are both vitally interested in conserving and improving the valuable fishery resources of the Tidewater portion of the Potomac River, and\n\t\tWhereas, certain provisions of the Compact of 1785 between Maryland and Virginia having become obsolete, Maryland and Virginia each recognizing that Maryland is the owner of the Potomac River bed and waters to the low-water mark of the southern shore thereof, as laid out on the Mathews-Nelson Survey of 1927, and that Virginia is the owner of the Potomac River bed and waters southerly from said low-water mark as laid out, and that the citizens of Virginia have certain riparian rights along the southern shore of the river, as shown on said Mathews-Nelson Survey, and, in common with the citizens of Maryland, the right of fishing<\/span> in said river, Maryland and Virginia have agreed that the necessary conservation and improvement of the Tidewater portion of the Potomac fishery resources can be best achieved by a Commission<\/span> comprised of representatives of both Maryland and Virginia, charged with the establishment and maintenance of a program to conserve and improve these resources, and\n\t\tWhereas, at a meeting of the Commissioners<\/span> appointed by the Governors of the State 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 Edward E. Lane, Esquires, on the part of the Commonwealth of Virginia, at Mount Vernon, Virginia, on the twentieth day of December, in the year one thousand nine hundred and fifty-eight, the following Potomac River Compact of 1958 between the Commonwealth of Virginia and the State of Maryland was mutually agreed to by the said Commissioners<\/span>:\n\t\tNow, therefore, be it resolved by the Commissioners<\/span> appointed by the Governors of the State of Maryland and the Commonwealth of Virginia, meeting in joint session, that they do unanimously recommend to the said respective Governors that there be a new compact, to be designated as the “Potomac River Compact of 1958,” and that the said new compact be referred as promptly as possible to the legislatures of the State of Maryland and the Commonwealth of Virginia for appropriate action, and to the end and after ratification and adoption by said legislatures the same be submitted to the Congress of the United States for approval.\n\t\tARTICLE I\n\t\tCOMMISSION<\/span> — MEMBERSHIP AND ORGANIZATION\n\t\t\u00a7 1. Commission<\/span> created. — The Potomac River Fisheries<\/span> Commission<\/span>, hereinafter designated as “Commission<\/span>,” is hereby created.\n\t\t\u00a7 2. Members. — The Commission<\/span> shall consist of eight members, four from Maryland and four from Virginia. The Maryland members shall be the Secretary of the Department of Natural Resources of Maryland or its successor agency or the Secretary’s designee, and three members at large to be appointed by the Governor of Maryland with the advice and consent of the Senate of Maryland. The Virginia members shall be three members of the Virginia Marine Resources Commission<\/span> or its successor agency, and one member at large, to be appointed by the Governor of Virginia. If the membership of the Virginia Marine Resources Commission<\/span> exceeds three, then the three Commission<\/span> members from the Virginia Marine Resources Commission<\/span> shall be selected by the Governor of Virginia; and if the membership of the Virginia Marine Resources Commission<\/span> is less than three, the four Commission<\/span> members from Virginia shall be the member or members of the Virginia Marine Resources Commission<\/span>, and such additional person or persons who shall be appointed by the Governor as may be necessary to constitute a total of four Commissioners<\/span>.\n\t\t\u00a7 3. Term, vacancies. — The term of Commissioners<\/span> who are members of the Virginia Marine Resources Commission<\/span> shall be coterminous with their term on the Virginia Marine Resources Commission<\/span>. The Secretary of the Department of Natural Resources of Maryland or the Secretary’s designee shall serve ex officio. The term of all other Commissioners<\/span> shall be four years. Vacancies on the Commission<\/span> shall be filled by appointment of the Governor of the State entitled to fill the vacancy, except that if the Virginia Marine Resources Commission<\/span> has three members, the person filling a vacancy on the Virginia Marine Resources Commission<\/span> shall ex officio become a member of the Commission<\/span>.\n\t\t\u00a7 4. Chairman. — The chairman of the Commission<\/span> shall alternate from year to year between the representatives of Maryland and Virginia. Subject to such alternation, the chairman shall be elected by the Commissioners<\/span> for a term of one year.\n\t\t\u00a7 5. Compensation, expenses. — Commissioners<\/span> shall be entitled to receive from the General Fund of the Commission<\/span> compensation not to exceed two hundred and fifty dollars ($250.00) for each day or portion thereof spent in the performance of their duties, but in no event to exceed one thousand five hundred dollars ($1,500) in any year, and reimbursement of reasonable expenses incident to the performance of their duties.\n\t\t\u00a7 6. Meetings, quorum. — Commission<\/span> meetings shall be held at least once each quarter, and at such other times as the Commission<\/span> may determine.\n\t\tIn order<\/span> to constitute a quorum for the transaction of any business at least two of the four members from each State must be present and must vote on the business being transacted.\n\t\t\u00a7 7. Office and employees. — (For expiration date, see Acts 2007, c. 885, cl. 2) The Commission<\/span> shall establish and maintain an office at such locations as it may select, and may employ an executive secretary who shall serve at the pleasure of the Commission<\/span>, and such other administrative, clerical, scientific, and legal personnel as it deems necessary. The powers, duties and compensation of all employees shall be as prescribed by the Commission<\/span>, and the employees shall not be subject to the provisions of Division I of the State Personnel and Pensions Article of the Annotated Code of Maryland that govern the Maryland State Personnel Management System nor to the provisions of the Virginia Personnel Act (\u00a7 2.2-2900<\/a> et seq.), as the same may be from time to time in effect. The Commission<\/span> may extend to any employee or employees membership in the Virginia Retirement System or the Maryland Employees’ Retirement System, whichever is applicable, subject to the laws<\/span> relating to each such retirement system. Employees of the Commission<\/span> shall also be eligible for the health and related insurance for state employees in \u00a7 2.2-2818<\/a> of the Code of Virginia or Title 2, Subtitle 5 of the State Personnel and Pensions Article of the Annotated Code of Maryland, whichever is applicable.\n\t\t\u00a7 7. Office and employees. — (For effective date, see Acts 2007, c. 885, cl. 2) The Commission<\/span> shall establish and maintain an office at such locations as it may select, and may employ an executive secretary who shall serve at the pleasure of the Commission<\/span>, and such other administrative, clerical, scientific, and legal personnel as it deems necessary. The powers, duties and compensation of all employees shall be as prescribed by the Commission<\/span>, and the employees shall not be subject to the provisions of Division I of the State Personnel and Pensions Article of the Annotated Code of Maryland that govern the Maryland State Personnel Management System nor to the provisions of the Virginia Personnel Act (\u00a7 2.2-2900<\/a> et seq.), as the same may be from time to time in effect. The Commission<\/span> may extend to any employee or employees membership in the Virginia Retirement System or the Maryland Employees’ Retirement System, whichever is applicable, subject to the laws<\/span> relating to each such retirement system. Employees and retirees of the Commission<\/span> shall also be eligible for the health and related insurance for state employees and retirees in \u00a7 2.2-2818<\/a> of the Code of Virginia or Title 2, Subtitle 5 of the State Personnel and Pensions Article of the Annotated Code of Maryland, whichever is applicable.\n\t\tARTICLE II\n\t\tJURISDICTIONAL BOUNDARIES\n\t\tThe territory in which the Potomac River Fisheries<\/span> Commission<\/span> shall have jurisdiction<\/span> shall be those waters of the Potomac River enclosed within the following described area:\n\t\tBeginning at the intersection of mean low-water mark at Point Lookout and an established line running from Smiths Point to Point Lookout, marking Chesapeake Bay waters; thence following the mean low-water line of the shore northwesterly across the respective mouths of all creeks to Gray Point at the westerly entrance into Rowley Bay; thence in a straight line northwesterly to the southerly extremity of Kitts Point; thence along the mean low-water line to the southwesterly point of St. Inigoes Neck; thence in a straight line westerly to the most easterly point of St. Georges Island; thence following the mean low-water line in a general northwesterly direction, across the respective mouths of all creeks and inlets to the southwesterly point of Huggins Point; thence in a straight line southwesterly to the eastern extremity of the sandbar known as Heron Island; thence northwesterly following the ridge of Heron Island Bar to its westerly extremity; thence southwesterly in a straight line to the most southerly point of Blackiston Island; thence in a straight line northwesterly to the southern extremity of Colton’s Point; thence following the mean low-water line, westerly, excluding all creeks and inlets, to the point marking the southeasterly entrance into St. Catherine Sound; thence westerly in a straight line to the southern extremity of St. Catherine Island Sandbar; thence northwesterly, along the westerly edge of said sandbar continuing along the mean low-water line of the southwesterly side of St. Catherine Island to the northwesterly point of said island; thence westerly in a straight line to Cobb Point Bar Lighthouse; thence northwesterly along the ridge of Cobb Point Sandbar to the southerly extremity of Cobb Point; thence following the mean low-water line in general northwesterly and northerly directions across the respective mouths of all creeks and inlets to a point at the easterly entrance into Port Tobacco River, due east of Windmill Point; thence in a straight line westerly to Windmill Point; thence southwesterly following the mean low-water line across the respective mouths of all creeks and inlets to Upper Cedar Point; thence southwesterly in a straight line across the mouth of Nanjemoy Creek to a point on shore at the village of Riverside; thence following the mean low-water line, southwesterly, northwesterly and northerly across the respective mouths of all creeks and inlets to Smiths Point; thence northerly in a straight line to Liverpool Point; thence northerly in a straight line to Sandy Point; thence following the mean low-water line northerly, across the respective mouths of all creeks and inlets to Moss Point; thence northerly in a straight line across Chicamuxen Creek to the southernmost point of Stump Neck; thence following the mean low-water line northeasterly, across the respective mouths of all creeks and inlets, to a point at the southerly entrance into Mattawoman Creek; thence in a straight line northeasterly across the mouth of Mattawoman Creek to the southwesterly point of Cornwallis Neck; thence following the mean low-water line northeasterly, across the respective mouths of all creeks and inlets, to Chapman Point; thence in a straight line northeasterly to Pomonkey or Hillis Point; thence following the mean low-water line in a northerly direction across the respective mouths of all creeks and inlets, to a point on Marshall Hall shore, due south of Ferry Point; thence northeasterly in a straight line to Bryan Point; thence northeasterly in a straight line to the northwest extremity of Mockley Point; thence northeasterly in a straight line to Hatton Point; thence northerly in a straight line to the southwesternmost point of Indian Queen Bluff; thence following the mean low-water line northerly across the respective mouths of all creeks and inlets, to Rosier Bluff Point; thence in a straight line northerly to the intersection with the District of Columbia line at Fox Ferry Point; thence following the boundary line of the District of Columbia southwesterly 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 of Virginia with the boundary line of the District of Columbia; thence following the mean low-water line of the Potomac River on the southern, or Virginia shore, as defined in the Black-Jenkins Award of 1877 and as laid out in the Mathews-Nelson Survey of 1927, beginning at the intersection of the Potomac River and the District of Columbia line at Jones Point and running to Smiths Point; and thence in a straight line across the mouth of the Potomac River on the established line from Smiths Point to Point Lookout, to the mean low-water mark at Point Lookout, the place of beginning.\n\t\tARTICLE III\n\t\tCOMMISSION<\/span> POWERS AND DUTIES\n\t\t\u00a7 1. Oyster bars. — The Commission<\/span> shall make a survey of the oyster bars within its jurisdiction<\/span> and may reseed and replant said oyster bars as may from time to time be necessary.\n\t\t\u00a7 2. Fish<\/span> and seafood. — The Commission<\/span> may by regulation prescribe the type, size and description of all species of finfish, crabs, oysters, clams and other shellfish<\/span> which may be taken or caught, within its jurisdiction<\/span>, the places where they may be taken or caught, and the manner of taking or catching.\n\t\t\u00a7 3. Research. — The Commission<\/span> shall maintain a program of research relating to the conservation and repletion of the fishery resources within its jurisdiction<\/span>, and to that end may cooperate and contract<\/span> with scientists and public and private scientific agencies engaged in similar work, and may purchase, construct, lease, borrow or otherwise acquire by any lawful method such property, structures, facilities, or equipment as it deems necessary.\n\t\t\u00a7 4. Licenses. — (a) The Commission<\/span> shall issue<\/span> such licenses as it may prescribe which shall thereupon be required for the taking of finfish, crabs, oysters, clams or other shellfish<\/span> from the waters within the jurisdiction<\/span> of the Commission<\/span>, and for boats, vessels and equipment used for such taking. Recognizing that the right of fishing<\/span> in the territory over which the Commission<\/span> shall have jurisdiction<\/span> is and shall be common to and equally enjoyed by the citizens of Virginia and Maryland, the Commission<\/span> shall make no distinction between the citizens of Virginia or Maryland in any rule, regulation or the granting of any licenses, privileges<\/span>, or rights under this compact.<\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Licenses for the taking of oysters and clams and the commercial taking of finfish and crabs within the jurisdiction<\/span> of the Commission<\/span> shall be granted only to citizens of Maryland or Virginia who have resided in either or both States for at least twelve months immediately preceding the application for the license. Within six months after the effective date of this compact, the Commission<\/span> shall adopt a schedule of licenses, the privileges<\/span> granted thereby, and the fees therefor, which may be modified from time to time in the discretion of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The licenses hereby authorized may be issued at such place, by such persons, and in accordance with such procedures as the Commission<\/span> may determine.\n\t\t\t§ 5. Expenditures. — The Commission<\/span> is authorized to expend funds for the purposes of general administration, repletion of the fish<\/span> and shellfish<\/span> in the Potomac River, and the conservation and research programs authorized under this compact, subject to the limitations provided in this compact.\n\t\t\t§ 6. Grants, contributions, etc. — The Commission<\/span> is authorized to receive and accept (or to refuse) from any and all public and private sources such grants, contributions, appropriations, donations, and gifts as may be given to it, which shall be paid into and become part of the General Fund of the Commission<\/span>, except where the donor instructs that it shall be used for a specific project, study, purpose, or program, in which event it shall be placed in a special account, which shall be administered under the same procedure as that prescribed for the General Fund.\n\t\t\t§ 7. Cooperation of state agencies. — The Commission<\/span> may call upon the resources and assistance of the Virginia Institute of Marine Science, the University of Maryland System, and all other agencies, institutions and departments of Maryland and Virginia which shall cooperate fully with the Commission<\/span> upon such request.\n\t\t\t§ 8. Regulations. — The Commission<\/span> shall have the power to make, adopt and publish such rules and regulations as may be necessary or desirable for the conduct of its meetings, such hearings<\/span> as it may from time to time hold, and for the administration of its affairs.\n\t\t\t§ 9. Inspection tax. — The Commission<\/span> may impose an inspection tax, in an amount as fixed from time to time by the Commission<\/span>, which inspection tax may not exceed two dollars ($2.00) per bushel, upon all oysters caught within the limits of the Potomac River. The tax shall be paid by the buyer at the place in Maryland or Virginia where the oysters are unloaded from vessels and are to be shipped no further in bulk in vessel, to an agent of the Commission<\/span>, or to such officer<\/span> or employee of the Virginia Marine Resources Commission<\/span> or of the Maryland Department of Natural Resources, as may be designated by the Commission<\/span>, and by him paid over to the Commission<\/span>. The Commission<\/span> shall use the proceeds of the oyster inspection tax solely for planting seed or shell oyster on working bottom.\n\t\t\tARTICLE IV\n\t\t\tCOMMISSION<\/span> REGULATIONS — PROCEDURE AND REVIEW\n\t\t\t§ 1. Notice, hearing<\/span>, vote. — No regulation shall be adopted by the Commission<\/span> unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> A public hearing<\/span> is held thereon; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Prior to the hearing<\/span> the Commission<\/span> has given notice of the proposed regulation by publication thereof at least once a week for three successive weeks in at least one newspaper published, or having a general circulation in each county of Maryland and Virginia contiguous to the waters within the Commission<\/span>’s jurisdiction<\/span>, the first such publication to be at least thirty (30) days but not more than forty-five (45) days prior to the date of the hearing<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> A copy of the proposed regulation is mailed at least thirty (30) days but not more than forty-five (45) days prior to the hearing<\/span>, to the clerk of the court<\/span> of each county of Maryland and Virginia contiguous to the waters within the Commission<\/span>’s jurisdiction<\/span>, who shall post the same in a conspicuous place at or in the courthouse; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> The regulation is approved by at least six members of the Commission<\/span>.\n\t\t\t§ 2. Recording, effective date. — (a) Regulations of the Commission<\/span> shall be exempt from the provisions of Chapter 40 (§ 2.2-4000<\/a> et seq.) of Title 2.2 of the 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 of Maryland (1957 Edition, as amended from time to time). Copies of Commission<\/span> regulations shall be kept on public file and available for public reference in the office of the Commission<\/span>, the office of the clerk of court<\/span> in each county of Maryland and Virginia contiguous to the waters within the Commission<\/span>’s jurisdiction<\/span>, the office of the Virginia Registrar of Regulations, the office of the Maryland Department of Legislative Reference, the office of the Virginia Marine Resources Commission<\/span>, and the office of the Maryland Department of Natural Resources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> No regulation of the Commission<\/span> shall become effective until thirty (30) days after the date of its adoption, or such later date as may be fixed by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Leasing, dredging or patent tonging shall be authorized by the Commission<\/span> only if such authorization is granted by joint action of the Legislatures of Maryland and Virginia.\n\t\t\t\u00a7 3. Review. — Any person aggrieved by any regulation or order<\/span> of the Commission<\/span> may at any time file a petition<\/span> for declaratory judgment<\/span> with respect to the validity or construction thereof, in the circuit<\/span> court of any county in Maryland or Virginia contiguous to the waters within the Commission<\/span>’s jurisdiction. A review of the final judgment of the circuit<\/span> court may be appealed to the court of highest appellate jurisdiction<\/span> of the State in accordance with the rules of procedure in such state.\n\t\t\t\u00a7 4. Revision by legislative action. — Regulations of the Commission<\/span> may be amended, modified, or rescinded by joint enactment of the General Assembly of Maryland and the General Assembly of Virginia.\n\t\t\t\u00a7 5. Revision of compact. — At any time subsequent to the adoption of this compact the Governor or Legislature of either Maryland or Virginia may call for the appointment of a Commission<\/span> to make further study and recommendations concerning revision and amendments to this compact, at which time the Governors of the respective States shall act forthwith in compliance with the request for the appointment of said Commission<\/span>.\n\t\t\tARTICLE V\n\t\t\tENFORCEMENT OF LAWS<\/span> AND REGULATIONS; PENALTIES\n\t\t\t\u00a7 1. Responsibility for enforcement. — The regulations and orders<\/span> of the Commission<\/span> shall be enforced by the joint effort of the law<\/span>-enforcement agencies and officers<\/span> of Maryland and Virginia.\n\t\t\t\u00a7 2. (Contingent expiration date — see Editor’s note) Penalties. — The violation of any regulation of the Commission<\/span> shall be a misdemeanor<\/span>. Unless a lesser punishment is provided by the Commission<\/span>, such violation 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, or equipment used in the taking of finfish, crabs, oysters, clams, or other shellfish<\/span> from the Potomac River in violation of any regulation of the Commission<\/span> or of applicable laws<\/span> may be confiscated by the court, upon the abandonment thereof or the conviction<\/span> of the owner or operator thereof.\n\t\t\t\u00a7 2. (Contingent effective date — see Editor’s note) Penalties. — The violation of any regulation of the Commission<\/span> shall be a misdemeanor<\/span>. Unless a lesser punishment is provided by the Commission<\/span>, such violation shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) 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, or equipment used in the taking of finfish, crabs, oysters, clams, or other shellfish<\/span> from the Potomac River in violation of any regulation of the Commission<\/span> or of applicable laws<\/span> may be confiscated by the court, upon the abandonment thereof or the conviction<\/span> of the owner or operator thereof.\n\t\t\t\u00a7 3. (Contingent expiration date — see Editor’s note) Jurisdiction of court. — The officer<\/span> making an arrest<\/span> or preferring a charge for violation of a regulation of the Commission<\/span> or an applicable State law<\/span> respecting the waters within the Commission<\/span>’s jurisdiction shall take the alleged offender to a court of competent jurisdiction in either State, in a county adjacent to the portion of the Potomac River where the alleged offense<\/span> occurred, which shall thereupon have jurisdiction over the offense<\/span>.\n\t\t\t\u00a7 3. (Contingent effective date — see Editor’s note) Jurisdiction of court. — The officer<\/span> making an arrest<\/span> or preferring a charge for violation of a regulation of the Commission<\/span> or an applicable State law<\/span> respecting the waters within the Commission<\/span>’s jurisdiction shall take the alleged offender to a court of competent jurisdiction in the state in which he resides if he is a resident<\/span> of Virginia or Maryland, or if the offender is not a resident<\/span> of either state, in a county adjacent to the portion of the Potomac River where the alleged offense<\/span> occurred, which shall thereupon have jurisdiction over the offense<\/span>.\n\t\t\t\u00a7 4. Disposition<\/span> of fines and forfeitures. — All fines imposed for violation of regulations of the Commission<\/span> or applicable State laws<\/span> respecting the waters within the Commission<\/span>’s jurisdiction shall be paid into the court in which the case is prosecuted, and accounted for under the laws<\/span> applicable to that court. Any property confiscated under the provisions of this compact shall be turned over to the Commission<\/span>, which may retain, use or dispose of it as it deems best.\n\t\t\tARTICLE VI\n\t\t\tCOMMISSION<\/span> FINANCES\n\t\t\t\u00a7 1. Budget. — The Commission<\/span> shall approve and adopt a proposed annual budget showing estimated income, revenues, appropriations, and grants from all sources, and estimated necessary expenditures and shall send a copy thereof to the Governors of Maryland and Virginia.\n\t\t\t\u00a7 2. Appropriations. — The said Governors shall place in the proposed budget of their respective States for each year the sum of not less than fifty thousand dollars ($50,000.00) for the expenses and the other purposes of the Commission<\/span> for that year, except that none of the sum so appropriated shall be used for law<\/span>-enforcement purposes; and the General Assembly of each of the two States agrees to appropriate annually not less than this sum to the Commission<\/span>.\n\t\t\t\u00a7 3. General Fund. — (a) The General Fund shall consist of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All income and revenue received from the issuance of licenses under this compact; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The proceeds of the disposition<\/span> of property confiscated pursuant to the provisions of this compact; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The proceeds of the inspection tax upon oysters imposed pursuant to this compact; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The funds appropriated to the Commission<\/span> by the two States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The General Fund of the Commission<\/span> shall be kept in such bank or depository as the Commission<\/span> shall from time to time select. The General Fund shall be audited annually by the Auditor of Public Accounts of Virginia and the State Auditor of Maryland acting jointly, and at such other times as the Commission<\/span> may request.\n\t\t\tARTICLE VII\n\t\t\tEFFECT ON EXISTING LAWS<\/span> AND PRIOR COMPACT\n\t\t\t§ 1. Existing rights. — The rights, including the privilege<\/span> of erecting and maintaining wharves and other improvements, of the citizens of each State along the shores of the Potomac River adjoining their lands shall be neither diminished, restricted, enlarged, increased nor otherwise altered by this compact, and the decisions of the courts<\/span> construing that portion of Article VII of the Compact of 1785 relating to the rights of riparian owners shall be given full force and effect.\n\t\t\t§ 2. Existing laws<\/span>. — The laws<\/span> of the State of Maryland relate to finfish, crabs, oysters, and clams in the Potomac River, as set forth in former Article 66C of the Annotated Code of Maryland and as in effect on December one, nineteen hundred fifty-eight, shall be and remain applicable in the Potomac River except to the extent changed, amended, or modified by regulations of the Commission<\/span> adopted in accordance with this compact.\n\t\t\t§ 3. Existing licenses. — The rights and privileges<\/span> of licensees to take and catch finfish, crabs, oysters, clams, and other shellfish<\/span> in the Potomac River, which are in effect at the time this compact becomes effective, shall continue in force for a period of six months at which time every such license and every such right and privilege<\/span> shall be abrogated.\n\t\t\tARTICLE VIII\n\t\t\tEFFECT OF RATIFICATION\n\t\t\tThese articles shall be laid before the Legislatures of Virginia and Maryland, and their approbation being obtained, shall be confirmed and ratified by a law<\/span> of each State, never to be repealed or altered by either, without the consent of the other.\n\t\t\tARTICLE IX\n\t\t\tEFFECTIVE DATE\n\t\t\tThis compact, which takes the place of the Compact of 1785 between Maryland and Virginia, shall take effect at the expiration of sixty (60) days after the completion of the last act legally necessary to make it operative, and thereupon the said Compact of 1785 shall no longer have any force or effect. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOTOMAC RIVER COMPACT (\u00a7 28.2-1001)\n\nPREAMBLE\n\t\tWhereas, Maryland and Virginia are both vitally interested in conserving and\nimproving the valuable fishery resources of the Tidewater portion of the Potomac\nRiver, and\n\t\tWhereas, certain provisions of the Compact of 1785 between Maryland and\nVirginia having become obsolete, Maryland and Virginia each recognizing that\nMaryland is the owner of the Potomac River bed and waters to the low-water mark\nof the southern shore thereof, as laid out on the Mathews-Nelson Survey of 1927,\nand that Virginia is the owner of the Potomac River bed and waters southerly\nfrom said low-water mark as laid out, and that the citizens of Virginia have\ncertain riparian rights along the southern shore of the river, as shown on said\nMathews-Nelson Survey, and, in common with the citizens of Maryland, the right\nof fishing in said river, Maryland and Virginia have agreed that the necessary\nconservation and improvement of the Tidewater portion of the Potomac fishery\nresources can be best achieved by a Commission comprised of representatives of\nboth Maryland and Virginia, charged with the establishment and maintenance of a\nprogram to conserve and improve these resources, and\n\t\tWhereas, at a meeting of the Commissioners appointed by the Governors of the\nState of Maryland and the Commonwealth of Virginia, to wit: Carlyle Barton, M.\nWilliam Adelson, Stephen R. Collins, Edward S. Delaplaine and William J.\nMcWilliams, Esquires, on the part of the State of Maryland, and Mills E. Godwin,\nJr., Howard H. Adams, Robert Y. Button, John Warren Cooke and Edward E. Lane,\nEsquires, on the part of the Commonwealth of Virginia, at Mount Vernon,\nVirginia, on the twentieth day of December, in the year one thousand nine\nhundred and fifty-eight, the following Potomac River Compact of 1958 between the\nCommonwealth of Virginia and the State of Maryland was mutually agreed to by the\nsaid Commissioners:\n\t\tNow, therefore, be it resolved by the Commissioners appointed by the Governors\nof the State of Maryland and the Commonwealth of Virginia, meeting in joint\nsession, that they do unanimously recommend to the said respective Governors\nthat there be a new compact, to be designated as the “Potomac River\nCompact of 1958,” and that the said new compact be referred as promptly as\npossible to the legislatures of the State of Maryland and the Commonwealth of\nVirginia for appropriate action, and to the end and after ratification and\nadoption by said legislatures the same be submitted to the Congress of the\nUnited States for approval.\n\t\tARTICLE I\n\t\tCOMMISSION — MEMBERSHIP AND ORGANIZATION\n\t\t\u00a7 1. Commission created. — The Potomac River Fisheries Commission,\nhereinafter designated as “Commission,” is hereby created.\n\t\t\u00a7 2. Members. — The Commission shall consist of eight members, four\nfrom Maryland and four from Virginia. The Maryland members shall be the\nSecretary of the Department of Natural Resources of Maryland or its successor\nagency or the Secretary’s designee, and three members at large to be\nappointed by the Governor of Maryland with the advice and consent of the Senate\nof Maryland. The Virginia members shall be three members of the Virginia Marine\nResources Commission or its successor agency, and one member at large, to be\nappointed by the Governor of Virginia. If the membership of the Virginia Marine\nResources Commission exceeds three, then the three Commission members from the\nVirginia Marine Resources Commission shall be selected by the Governor of\nVirginia; and if the membership of the Virginia Marine Resources Commission is\nless than three, the four Commission members from Virginia shall be the member\nor members of the Virginia Marine Resources Commission, and such additional\nperson or persons who shall be appointed by the Governor as may be necessary to\nconstitute a total of four Commissioners.\n\t\t\u00a7 3. Term, vacancies. — The term of Commissioners who are members of\nthe Virginia Marine Resources Commission shall be coterminous with their term on\nthe Virginia Marine Resources Commission. The Secretary of the Department of\nNatural Resources of Maryland or the Secretary’s designee shall serve ex\nofficio. The term of all other Commissioners shall be four years. Vacancies on\nthe Commission shall be filled by appointment of the Governor of the State\nentitled to fill the vacancy, except that if the Virginia Marine Resources\nCommission has three members, the person filling a vacancy on the Virginia\nMarine Resources Commission shall ex officio become a member of the Commission.\n\t\t\u00a7 4. Chairman. — The chairman of the Commission shall alternate from\nyear to year between the representatives of Maryland and Virginia. Subject to\nsuch alternation, the chairman shall be elected by the Commissioners for a term\nof one year.\n\t\t\u00a7 5. Compensation, expenses. — Commissioners shall be entitled to\nreceive from the General Fund of the Commission compensation not to exceed two\nhundred and fifty dollars ($250.00) for each day or portion thereof spent in the\nperformance of their duties, but in no event to exceed one thousand five hundred\ndollars ($1,500) in any year, and reimbursement of reasonable expenses incident\nto the performance of their duties.\n\t\t\u00a7 6. Meetings, quorum. — Commission meetings shall be held at least\nonce each quarter, and at such other times as the Commission may determine.\n\t\tIn order to constitute a quorum for the transaction of any business at least\ntwo of the four members from each State must be present and must vote on the\nbusiness being transacted.\n\t\t\u00a7 7. Office and employees. — (For expiration date, see Acts 2007, c.\n885, cl. 2) The Commission shall establish and maintain an office at such\nlocations as it may select, and may employ an executive secretary who shall\nserve at the pleasure of the Commission, and such other administrative,\nclerical, scientific, and legal personnel as it deems necessary. The powers,\nduties and compensation of all employees shall be as prescribed by the\nCommission, and the employees shall not be subject to the provisions of Division\nI of the State Personnel and Pensions Article of the Annotated Code of Maryland\nthat govern the Maryland State Personnel Management System nor to the provisions\nof the Virginia Personnel Act (\u00a7 2.2-2900 et seq.), as the same may be from\ntime to time in effect. The Commission may extend to any employee or employees\nmembership in the Virginia Retirement System or the Maryland Employees’\nRetirement System, whichever is applicable, subject to the laws relating to each\nsuch retirement system. Employees of the Commission shall also be eligible for\nthe health and related insurance for state employees in \u00a7 2.2-2818 of the Code\nof Virginia or Title 2, Subtitle 5 of the State Personnel and Pensions Article\nof the Annotated Code of Maryland, whichever is applicable.\n\t\t\u00a7 7. Office and employees. — (For effective date, see Acts 2007, c.\n885, cl. 2) The Commission shall establish and maintain an office at such\nlocations as it may select, and may employ an executive secretary who shall\nserve at the pleasure of the Commission, and such other administrative,\nclerical, scientific, and legal personnel as it deems necessary. The powers,\nduties and compensation of all employees shall be as prescribed by the\nCommission, and the employees shall not be subject to the provisions of Division\nI of the State Personnel and Pensions Article of the Annotated Code of Maryland\nthat govern the Maryland State Personnel Management System nor to the provisions\nof the Virginia Personnel Act (\u00a7 2.2-2900 et seq.), as the same may be from\ntime to time in effect. The Commission may extend to any employee or employees\nmembership in the Virginia Retirement System or the Maryland Employees’\nRetirement System, whichever is applicable, subject to the laws relating to each\nsuch retirement system. Employees and retirees of the Commission shall also be\neligible for the health and related insurance for state employees and retirees\nin \u00a7 2.2-2818 of the Code of Virginia or Title 2, Subtitle 5 of the State\nPersonnel and Pensions Article of the Annotated Code of Maryland, whichever is\napplicable.\n\t\tARTICLE II\n\t\tJURISDICTIONAL BOUNDARIES\n\t\tThe territory in which the Potomac River Fisheries Commission shall have\njurisdiction shall be those waters of the Potomac River enclosed within the\nfollowing described area:\n\t\tBeginning at the intersection of mean low-water mark at Point Lookout and an\nestablished line running from Smiths Point to Point Lookout, marking Chesapeake\nBay waters; thence following the mean low-water line of the shore northwesterly\nacross the respective mouths of all creeks to Gray Point at the westerly\nentrance into Rowley Bay; thence in a straight line northwesterly to the\nsoutherly extremity of Kitts Point; thence along the mean low-water line to the\nsouthwesterly point of St. Inigoes Neck; thence in a straight line westerly to\nthe most easterly point of St. Georges Island; thence following the mean\nlow-water line in a general northwesterly direction, across the respective\nmouths of all creeks and inlets to the southwesterly point of Huggins Point;\nthence in a straight line southwesterly to the eastern extremity of the sandbar\nknown as Heron Island; thence northwesterly following the ridge of Heron Island\nBar to its westerly extremity; thence southwesterly in a straight line to the\nmost southerly point of Blackiston Island; thence in a straight line\nnorthwesterly to the southern extremity of Colton’s Point; thence\nfollowing the mean low-water line, westerly, excluding all creeks and inlets, to\nthe point marking the southeasterly entrance into St. Catherine Sound; thence\nwesterly in a straight line to the southern extremity of St. Catherine Island\nSandbar; thence northwesterly, along the westerly edge of said sandbar\ncontinuing along the mean low-water line of the southwesterly side of St.\nCatherine Island to the northwesterly point of said island; thence westerly in a\nstraight line to Cobb Point Bar Lighthouse; thence northwesterly along the ridge\nof Cobb Point Sandbar to the southerly extremity of Cobb Point; thence following\nthe mean low-water line in general northwesterly and northerly directions across\nthe respective mouths of all creeks and inlets to a point at the easterly\nentrance into Port Tobacco River, due east of Windmill Point; thence in a\nstraight line westerly to Windmill Point; thence southwesterly following the\nmean low-water line across the respective mouths of all creeks and inlets to\nUpper Cedar Point; thence southwesterly in a straight line across the mouth of\nNanjemoy Creek to a point on shore at the village of Riverside; thence following\nthe mean low-water line, southwesterly, northwesterly and northerly across the\nrespective mouths of all creeks and inlets to Smiths Point; thence northerly in\na straight line to Liverpool Point; thence northerly in a straight line to Sandy\nPoint; thence following the mean low-water line northerly, across the respective\nmouths of all creeks and inlets to Moss Point; thence northerly in a straight\nline across Chicamuxen Creek to the southernmost point of Stump Neck; thence\nfollowing the mean low-water line northeasterly, across the respective mouths of\nall creeks and inlets, to a point at the southerly entrance into Mattawoman\nCreek; thence in a straight line northeasterly across the mouth of Mattawoman\nCreek to the southwesterly point of Cornwallis Neck; thence following the mean\nlow-water line northeasterly, across the respective mouths of all creeks and\ninlets, to Chapman Point; thence in a straight line northeasterly to Pomonkey or\nHillis Point; thence following the mean low-water line in a northerly direction\nacross the respective mouths of all creeks and inlets, to a point on Marshall\nHall shore, due south of Ferry Point; thence northeasterly in a straight line to\nBryan Point; thence northeasterly in a straight line to the northwest extremity\nof Mockley Point; thence northeasterly in a straight line to Hatton Point;\nthence northerly in a straight line to the southwesternmost point of Indian\nQueen Bluff; thence following the mean low-water line northerly across the\nrespective mouths of all creeks and inlets, to Rosier Bluff Point; thence in a\nstraight line northerly to the intersection with the District of Columbia line\nat Fox Ferry Point; thence following the boundary line of the District of\nColumbia southwesterly to a point on the lower or southern shore of the Potomac\nRiver, said point being the intersection of the boundary line of the\nCommonwealth of Virginia with the boundary line of the District of Columbia;\nthence following the mean low-water line of the Potomac River on the southern,\nor Virginia shore, as defined in the Black-Jenkins Award of 1877 and as laid out\nin the Mathews-Nelson Survey of 1927, beginning at the intersection of the\nPotomac River and the District of Columbia line at Jones Point and running to\nSmiths Point; and thence in a straight line across the mouth of the Potomac\nRiver on the established line from Smiths Point to Point Lookout, to the mean\nlow-water mark at Point Lookout, the place of beginning.\n\t\tARTICLE III\n\t\tCOMMISSION POWERS AND DUTIES\n\t\t\u00a7 1. Oyster bars. — The Commission shall make a survey of the oyster\nbars within its jurisdiction and may reseed and replant said oyster bars as may\nfrom time to time be necessary.\n\t\t\u00a7 2. Fish and seafood. — The Commission may by regulation prescribe the\ntype, size and description of all species of finfish, crabs, oysters, clams and\nother shellfish which may be taken or caught, within its jurisdiction, the\nplaces where they may be taken or caught, and the manner of taking or catching.\n\t\t\u00a7 3. Research. — The Commission shall maintain a program of research\nrelating to the conservation and repletion of the fishery resources within its\njurisdiction, and to that end may cooperate and contract with scientists and\npublic and private scientific agencies engaged in similar work, and may\npurchase, construct, lease, borrow or otherwise acquire by any lawful method\nsuch property, structures, facilities, or equipment as it deems necessary.\n\t\t\u00a7 4. Licenses. — (a) The Commission shall issue such licenses as it may\nprescribe which shall thereupon be required for the taking of finfish, crabs,\noysters, clams or other shellfish from the waters within the jurisdiction of the\nCommission, and for boats, vessels and equipment used for such taking.\nRecognizing that the right of fishing in the territory over which the Commission\nshall have jurisdiction is and shall be common to and equally enjoyed by the\ncitizens of Virginia and Maryland, the Commission shall make no distinction\nbetween the citizens of Virginia or Maryland in any rule, regulation or the\ngranting of any licenses, privileges, or rights under this compact.\n\nb. Licenses for the taking of oysters and clams and the commercial taking of\nfinfish and crabs within the jurisdiction of the Commission shall be granted\nonly to citizens of Maryland or Virginia who have resided in either or both\nStates for at least twelve months immediately preceding the application for the\nlicense. Within six months after the effective date of this compact, the\nCommission shall adopt a schedule of licenses, the privileges granted thereby,\nand the fees therefor, which may be modified from time to time in the discretion\nof the Commission.\n\nc. The licenses hereby authorized may be issued at such place, by such persons,\nand in accordance with such procedures as the Commission may determine.\n\t\t\t§ 5. Expenditures. — The Commission is authorized to expend funds\nfor the purposes of general administration, repletion of the fish and shellfish\nin the Potomac River, and the conservation and research programs authorized\nunder this compact, subject to the limitations provided in this compact.\n\t\t\t§ 6. Grants, contributions, etc. — The Commission is authorized to\nreceive and accept (or to refuse) from any and all public and private sources\nsuch grants, contributions, appropriations, donations, and gifts as may be given\nto it, which shall be paid into and become part of the General Fund of the\nCommission, except where the donor instructs that it shall be used for a\nspecific project, study, purpose, or program, in which event it shall be placed\nin a special account, which shall be administered under the same procedure as\nthat prescribed for the General Fund.\n\t\t\t§ 7. Cooperation of state agencies. — The Commission may call upon\nthe resources and assistance of the Virginia Institute of Marine Science, the\nUniversity of Maryland System, and all other agencies, institutions and\ndepartments of Maryland and Virginia which shall cooperate fully with the\nCommission upon such request.\n\t\t\t§ 8. Regulations. — The Commission shall have the power to make,\nadopt and publish such rules and regulations as may be necessary or desirable\nfor the conduct of its meetings, such hearings as it may from time to time hold,\nand for the administration of its affairs.\n\t\t\t§ 9. Inspection tax. — The Commission may impose an inspection\ntax, in an amount as fixed from time to time by the Commission, which inspection\ntax may not exceed two dollars ($2.00) per bushel, upon all oysters caught\nwithin the limits of the Potomac River. The tax shall be paid by the buyer at\nthe place in Maryland or Virginia where the oysters are unloaded from vessels\nand are to be shipped no further in bulk in vessel, to an agent of the\nCommission, or to such officer or employee of the Virginia Marine Resources\nCommission or of the Maryland Department of Natural Resources, as may be\ndesignated by the Commission, and by him paid over to the Commission. The\nCommission shall use the proceeds of the oyster inspection tax solely for\nplanting seed or shell oyster on working bottom.\n\t\t\tARTICLE IV\n\t\t\tCOMMISSION REGULATIONS — PROCEDURE AND REVIEW\n\t\t\t§ 1. Notice, hearing, vote. — No regulation shall be adopted by\nthe Commission unless:\n\na. A public hearing is held thereon;\n\nb. Prior to the hearing the Commission has given notice of the proposed\nregulation by publication thereof at least once a week for three successive\nweeks in at least one newspaper published, or having a general circulation in\neach county of Maryland and Virginia contiguous to the waters within the\nCommission’s jurisdiction, the first such publication to be at least\nthirty (30) days but not more than forty-five (45) days prior to the date of the\nhearing;\n\nc. A copy of the proposed regulation is mailed at least thirty (30) days but not\nmore than forty-five (45) days prior to the hearing, to the clerk of the court\nof each county of Maryland and Virginia contiguous to the waters within the\nCommission’s jurisdiction, who shall post the same in a conspicuous place\nat or in the courthouse; and\n\nd. The regulation is approved by at least six members of the Commission.\n\t\t\t§ 2. Recording, effective date. — (a) Regulations of the\nCommission shall be exempt from the provisions of Chapter 40 (§ 2.2-4000 et\nseq.) of Title 2.2 of the Code of Virginia (1950 Edition, as amended from time\nto time), and of §§ 10-106 and 10-107 of the State Government Article\nof the Annotated Code of Maryland (1957 Edition, as amended from time to time).\nCopies of Commission regulations shall be kept on public file and available for\npublic reference in the office of the Commission, the office of the clerk of\ncourt in each county of Maryland and Virginia contiguous to the waters within\nthe Commission’s jurisdiction, the office of the Virginia Registrar of\nRegulations, the office of the Maryland Department of Legislative Reference, the\noffice of the Virginia Marine Resources Commission, and the office of the\nMaryland Department of Natural Resources.\n\nb. No regulation of the Commission shall become effective until thirty (30) days\nafter the date of its adoption, or such later date as may be fixed by the\nCommission.\n\nc. Leasing, dredging or patent tonging shall be authorized by the Commission\nonly if such authorization is granted by joint action of the Legislatures of\nMaryland and Virginia.\n\t\t\t\u00a7 3. Review. — Any person aggrieved by any regulation or order of the\nCommission may at any time file a petition for declaratory judgment with respect\nto the validity or construction thereof, in the circuit court of any county in\nMaryland or Virginia contiguous to the waters within the Commission’s\njurisdiction. A review of the final judgment of the circuit court may be\nappealed to the court of highest appellate jurisdiction of the State in\naccordance with the rules of procedure in such state.\n\t\t\t\u00a7 4. Revision by legislative action. — Regulations of the Commission\nmay be amended, modified, or rescinded by joint enactment of the General\nAssembly of Maryland and the General Assembly of Virginia.\n\t\t\t\u00a7 5. Revision of compact. — At any time subsequent to the adoption of\nthis compact the Governor or Legislature of either Maryland or Virginia may call\nfor the appointment of a Commission to make further study and recommendations\nconcerning revision and amendments to this compact, at which time the Governors\nof the respective States shall act forthwith in compliance with the request for\nthe appointment of said Commission.\n\t\t\tARTICLE V\n\t\t\tENFORCEMENT OF LAWS AND REGULATIONS; PENALTIES\n\t\t\t\u00a7 1. Responsibility for enforcement. — The regulations and orders of\nthe Commission shall be enforced by the joint effort of the law-enforcement\nagencies and officers of Maryland and Virginia.\n\t\t\t\u00a7 2. (Contingent expiration date — see Editor’s note) Penalties.\n— The violation of any regulation of the Commission shall be a\nmisdemeanor. Unless a lesser punishment is provided by the Commission, such\nviolation shall be punishable by a fine not to exceed one thousand dollars\n($1,000.00) or confinement in a penal institution for not more than one (1)\nyear, or both, in the discretion of the court, and any vessel, boat, or\nequipment used in the taking of finfish, crabs, oysters, clams, or other\nshellfish from the Potomac River in violation of any regulation of the\nCommission or of applicable laws may be confiscated by the court, upon the\nabandonment thereof or the conviction of the owner or operator thereof.\n\t\t\t\u00a7 2. (Contingent effective date — see Editor’s note) Penalties.\n— The violation of any regulation of the Commission shall be a\nmisdemeanor. Unless a lesser punishment is provided by the Commission, such\nviolation shall be punishable by a fine not to exceed three thousand dollars\n($3,000.00) or confinement in a penal institution for not more than one (1)\nyear, or both, in the discretion of the court, and any vessel, boat, or\nequipment used in the taking of finfish, crabs, oysters, clams, or other\nshellfish from the Potomac River in violation of any regulation of the\nCommission or of applicable laws may be confiscated by the court, upon the\nabandonment thereof or the conviction of the owner or operator thereof.\n\t\t\t\u00a7 3. (Contingent expiration date — see Editor’s note)\nJurisdiction of court. — The officer making an arrest or preferring a\ncharge for violation of a regulation of the Commission or an applicable State\nlaw respecting the waters within the Commission’s jurisdiction shall take\nthe alleged offender to a court of competent jurisdiction in either State, in a\ncounty adjacent to the portion of the Potomac River where the alleged offense\noccurred, which shall thereupon have jurisdiction over the offense.\n\t\t\t\u00a7 3. (Contingent effective date — see Editor’s note)\nJurisdiction of court. — The officer making an arrest or preferring a\ncharge for violation of a regulation of the Commission or an applicable State\nlaw respecting the waters within the Commission’s jurisdiction shall take\nthe alleged offender to a court of competent jurisdiction in the state in which\nhe resides if he is a resident of Virginia or Maryland, or if the offender is\nnot a resident of either state, in a county adjacent to the portion of the\nPotomac River where the alleged offense occurred, which shall thereupon have\njurisdiction over the offense.\n\t\t\t\u00a7 4. Disposition of fines and forfeitures. — All fines imposed for\nviolation of regulations of the Commission or applicable State laws respecting\nthe waters within the Commission’s jurisdiction shall be paid into the\ncourt in which the case is prosecuted, and accounted for under the laws\napplicable to that court. Any property confiscated under the provisions of this\ncompact shall be turned over to the Commission, which may retain, use or dispose\nof it as it deems best.\n\t\t\tARTICLE VI\n\t\t\tCOMMISSION FINANCES\n\t\t\t\u00a7 1. Budget. — The Commission shall approve and adopt a proposed\nannual budget showing estimated income, revenues, appropriations, and grants\nfrom all sources, and estimated necessary expenditures and shall send a copy\nthereof to the Governors of Maryland and Virginia.\n\t\t\t\u00a7 2. Appropriations. — The said Governors shall place in the proposed\nbudget of their respective States for each year the sum of not less than fifty\nthousand dollars ($50,000.00) for the expenses and the other purposes of the\nCommission for that year, except that none of the sum so appropriated shall be\nused for law-enforcement purposes; and the General Assembly of each of the two\nStates agrees to appropriate annually not less than this sum to the Commission.\n\t\t\t\u00a7 3. General Fund. — (a) The General Fund shall consist of:\n\n 1. All income and revenue received from the issuance of licenses under this\n compact;\n\n 2. The proceeds of the disposition of property confiscated pursuant to the\n provisions of this compact;\n\n 3. The proceeds of the inspection tax upon oysters imposed pursuant to this\n compact; and\n\n 4. The funds appropriated to the Commission by the two States.\n\nb. The General Fund of the Commission shall be kept in such bank or depository\nas the Commission shall from time to time select. The General Fund shall be\naudited annually by the Auditor of Public Accounts of Virginia and the State\nAuditor of Maryland acting jointly, and at such other times as the Commission\nmay request.\n\t\t\tARTICLE VII\n\t\t\tEFFECT ON EXISTING LAWS AND PRIOR COMPACT\n\t\t\t§ 1. Existing rights. — The rights, including the privilege of\nerecting and maintaining wharves and other improvements, of the citizens of each\nState along the shores of the Potomac River adjoining their lands shall be\nneither diminished, restricted, enlarged, increased nor otherwise altered by\nthis compact, and the decisions of the courts construing that portion of Article\nVII of the Compact of 1785 relating to the rights of riparian owners shall be\ngiven full force and effect.\n\t\t\t§ 2. Existing laws. — The laws of the State of Maryland relate to\nfinfish, crabs, oysters, and clams in the Potomac River, as set forth in former\nArticle 66C of the Annotated Code of Maryland and as in effect on December one,\nnineteen hundred fifty-eight, shall be and remain applicable in the Potomac\nRiver except to the extent changed, amended, or modified by regulations of the\nCommission adopted in accordance with this compact.\n\t\t\t§ 3. Existing licenses. — The rights and privileges of licensees\nto take and catch finfish, crabs, oysters, clams, and other shellfish in the\nPotomac River, which are in effect at the time this compact becomes effective,\nshall continue in force for a period of six months at which time every such\nlicense and every such right and privilege shall be abrogated.\n\t\t\tARTICLE VIII\n\t\t\tEFFECT OF RATIFICATION\n\t\t\tThese articles shall be laid before the Legislatures of Virginia and\nMaryland, and their approbation being obtained, shall be confirmed and ratified\nby a law of each State, never to be repealed or altered by either, without the\nconsent of the other.\n\t\t\tARTICLE IX\n\t\t\tEFFECTIVE DATE\n\t\t\tThis compact, which takes the place of the Compact of 1785 between Maryland\nand Virginia, shall take effect at the expiration of sixty (60) days after the\ncompletion of the last act legally necessary to make it operative, and thereupon\nthe said Compact of 1785 shall no longer have any force or effect.\n\nHISTORY: Code 1950, \u00a7 28-218.1; 1959, Ex. Sess., cc. 5, 28; 1962, c. 406, \u00a7\n28.1-203; 1984, c. 637; 1985, c. 102; 1992, c. 836; 1995, c. 257; 1998, c. 216;\n2007, c. 885; 2013, cc. 635, 688.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}