Page:United States Statutes at Large Volume 76.djvu/850

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[76 Stat. 802]
PUBLIC LAW 87-000—MMMM. DD, 1962
[76 Stat. 802]

802

PUBLIC LAW 87-783-OCT. 10, 1962

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[76 STAT.

to the waters within the Commission'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 four members of the Commission. "SEC. 2. EECORDING, EFFECTIVE DATE.—(a) Eegulations of the Commission shall be exempt from the provisions of Chapter 1.1 (§ 9-6.1 et seq.) of Title 9 of the Code of Virginia (1950 Edition, as amended from time to time), and of section 9 of Article 41 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 offices 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 Division of Statutory Eesearch and Drafting, the office of the Maryland Department of Legislative Reference, the office of the Virginia Fisheries Commission, and the office of the Maryland Department of Tidewater Fisheries. (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. "SEC. 3. REVIEW.—Any person aggrieved by any regulation or order of the Commission may at any time file a petition for declatory 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. "SEC. 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 REVISION BY LEGISLATIVE ACTION.—Regulations of the Commission may be amended, modified, or rescinded by joint enactment of the General Assembly of Maryland and the General Assembly of Virginia. "SEC. 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. "ARTICLE V

((ENFORCEMENT OF LAWS AND REGULATIONS: PENALTIES "SECTION 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. "SEC. 2. 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.