                                 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.