                                 CODE OF VIRGINIA

POTOMAC RIVER COMPACT (§ 28.2-1001)

PREAMBLE
		Whereas, Maryland and Virginia are both vitally interested in conserving and
improving the valuable fishery resources of the Tidewater portion of the Potomac
River, and
		Whereas, 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
		Whereas, 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:
		Now, 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 &#8220;Potomac River
Compact of 1958,&#8221; 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.
		ARTICLE I
		COMMISSION &#8212; MEMBERSHIP AND ORGANIZATION
		§ 1. Commission created. &#8212; The Potomac River Fisheries Commission,
hereinafter designated as &#8220;Commission,&#8221; is hereby created.
		§ 2. Members. &#8212; 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&#8217;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.
		§ 3. Term, vacancies. &#8212; 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&#8217;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.
		§ 4. Chairman. &#8212; 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.
		§ 5. Compensation, expenses. &#8212; 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.
		§ 6. Meetings, quorum. &#8212; Commission meetings shall be held at least
once each quarter, and at such other times as the Commission may determine.
		In 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.
		§ 7. Office and employees. &#8212; (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 (§ 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&#8217;
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 § 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.
		§ 7. Office and employees. &#8212; (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 (§ 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&#8217;
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 § 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.
		ARTICLE II
		JURISDICTIONAL BOUNDARIES
		The 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:
		Beginning 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&#8217;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.
		ARTICLE III
		COMMISSION POWERS AND DUTIES
		§ 1. Oyster bars. &#8212; 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.
		§ 2. Fish and seafood. &#8212; 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.
		§ 3. Research. &#8212; 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.
		§ 4. Licenses. &#8212; (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.

b. 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.

c. The licenses hereby authorized may be issued at such place, by such persons,
and in accordance with such procedures as the Commission may determine.
			&#xA7; 5. Expenditures. &#8212; 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.
			&#xA7; 6. Grants, contributions, etc. &#8212; 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.
			&#xA7; 7. Cooperation of state agencies. &#8212; 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.
			&#xA7; 8. Regulations. &#8212; 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.
			&#xA7; 9. Inspection tax. &#8212; 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.
			ARTICLE IV
			COMMISSION REGULATIONS &#8212; PROCEDURE AND REVIEW
			&#xA7; 1. Notice, hearing, vote. &#8212; No regulation shall be adopted by
the Commission unless:

a. A public hearing is held thereon;

b. 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&#8217;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. 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&#8217;s jurisdiction, who shall post the same in a conspicuous place
at or in the courthouse; and

d. The regulation is approved by at least six members of the Commission.
			&#xA7; 2. Recording, effective date. &#8212; (a) Regulations of the
Commission shall be exempt from the provisions of Chapter 40 (&#xA7; 2.2-4000 et
seq.) of Title 2.2 of the Code of Virginia (1950 Edition, as amended from time
to time), and of &#xA7;&#xA7; 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&#8217;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. 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.

c. 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.
			§ 3. Review. &#8212; 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&#8217;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.
			§ 4. Revision by legislative action. &#8212; 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.
			§ 5. Revision of compact. &#8212; 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.
			ARTICLE V
			ENFORCEMENT OF LAWS AND REGULATIONS; PENALTIES
			§ 1. Responsibility for enforcement. &#8212; 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.
			§ 2. (Contingent expiration date &#8212; see Editor&#8217;s note) Penalties.
&#8212; 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.
			§ 2. (Contingent effective date &#8212; see Editor&#8217;s note) Penalties.
&#8212; 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.
			§ 3. (Contingent expiration date &#8212; see Editor&#8217;s note)
Jurisdiction of court. &#8212; 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&#8217;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.
			§ 3. (Contingent effective date &#8212; see Editor&#8217;s note)
Jurisdiction of court. &#8212; 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&#8217;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.
			§ 4. Disposition of fines and forfeitures. &#8212; All fines imposed for
violation of regulations of the Commission or applicable State laws respecting
the waters within the Commission&#8217;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.
			ARTICLE VI
			COMMISSION FINANCES
			§ 1. Budget. &#8212; 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.
			§ 2. Appropriations. &#8212; 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.
			§ 3. General Fund. &#8212; (a) The General Fund shall consist of:

   1. All income and revenue received from the issuance of licenses under this
   compact;

   2. The proceeds of the disposition of property confiscated pursuant to the
   provisions of this compact;

   3. The proceeds of the inspection tax upon oysters imposed pursuant to this
   compact; and

   4. The funds appropriated to the Commission by the two States.

b. The General Fund of the Commission shall be kept in such bank 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.
			ARTICLE VII
			EFFECT ON EXISTING LAWS AND PRIOR COMPACT
			&#xA7; 1. Existing rights. &#8212; 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.
			&#xA7; 2. Existing laws. &#8212; 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.
			&#xA7; 3. Existing licenses. &#8212; 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.
			ARTICLE VIII
			EFFECT OF RATIFICATION
			These 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.
			ARTICLE IX
			EFFECTIVE DATE
			This 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.

HISTORY: Code 1950, § 28-218.1; 1959, Ex. Sess., cc. 5, 28; 1962, c. 406, §
28.1-203; 1984, c. 637; 1985, c. 102; 1992, c. 836; 1995, c. 257; 1998, c. 216;
2007, c. 885; 2013, cc. 635, 688.