Possibilities f or Unilateral Action 49 seems to be practically nothing left of the Compact today except the provisions as to fisheries. The Compact may have a place in promoting the future amicable relations of Maryland and Virginia, but at the present time it is being used (in the opinion of Maryland officials) largely as a cloak to cover the illegal depletion of a valuable natural resource in the Potomac. As stated by one such official, the logic of Maryland's position is strong: Maryland owns the Potomac River. Virginia is given fishing rights therein by the Compact. Maryland gets no compensating return. On the contrary, Maryland is carrying the burden of enforcement and of conservation in the Potomac, while organized and sys tematic violations of the oyster laws are based upon the Virginia shore. Must Maryland continue such a one-sided arrangement? A. Unilateral enforcement of the laws. Conservation officials in Maryland are definitely convinced that if Mary land police officers could take Virginia violators into the Maryland courts, the problem of enforcement of the fish and oyster laws then could quickly be solved. The con fiscation of a few valuable boats, it is felt, would end most of the illegal and vastly destructive dredging opera tions in the Potomac area. The laws of both states already provide that boats "may" be confiscated, but since offenders from each state are turned over to the courts of their own state, this really drastic penalty is seldom if ever applied. Let it be emphasized at the outset that there is nothing in the Compact itself requiring that one who has violated a fishing law be tried in the courts of his own state. Article 7 says that "the right of fishing in the river shall be com mon to and equally enjoyed by the citizens of both states . . . ." Article 8 says that "all laws and regulations which may be necessary for the preservation of fish . . . in the river Potomac . . . shall be made with the mutual consent |
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