ROBERT L. EHRLICH, JR., Governor                            S.B. 248

Senate Bill No. 248

AN ACT concerning

Potomac River Fisheries Commission - Dredging of Oysters and Oyster

Repletion Fees

FOR the purpose of altering certain authority of the Potomac River Fisheries
Commission to regulate the dredging of oysters; authorizing the Commission to
levy certain oyster repletion fees; making this Act subject to a certain
contingency; and generally relating to certain authority of the Potomac River
Fisheries Commission regarding the dredging of oysters and the levy of certain
repletion fees.

BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 4-307

Annotated Code of Maryland
(2000 Replacement Volume and 2002 Supplement)

Preamble

WHEREAS, In establishing the Potomac River Fisheries Commission
(Commission), the Maryland-Virginia Potomac River Compact of 1958 stated in
Article IV, Section 1(c) that "... [l]easing, dredging, and patent tonging shall be
authorized by the Commission only if such authorization is granted by joint action of
the Legislatures of Maryland and Virginia ..."; and

WHEREAS, In 1974, the General Assembly of Virginia authorized the
Commission to regulate the dredging of oysters with handscrapes and to levy license
fees for dredging in the areas of the Potomac River within its geographical
jurisdiction; and

WHEREAS, In Chapter 403 of the Acts of 1974, the General Assembly of
Maryland enacted similar legislation, and, with that concurrence, the Governor of
Maryland issued a proclamation to declare the authority of the Commission to be
valid and effective in these areas; and

WHEREAS, In 1982 the General Assembly of Virginia enacted Chapter 116,
which sought to expand the authority of the Commission so that, in addition to license
fees, it could levy oyster repletion fees and regulate all dredging of oysters, not just
dredging with handscrapes; and

WHEREAS, This 1982, Virginia legislation has not become effective because
similar legislation has not yet been enacted in Maryland; and

WHEREAS, On the advice of its Oyster Advisory Committee, a panel of citizens
and fishing industry representatives, the Commission recently determined that the
regulation of power dredging and the levy of repletion fees would be useful

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