The midland journal. (Rising Sun, Md.) 1885-1947, 1926-03-19
OPEN SEASON FOR TROUT
State Game Department.

State Game Department. e.
The open season for Trout at all
points above tide-water is April End
to June 30th, incl, and the open sea-
son for Bass and all other. species OF
fresh water fishes Except suckers,
carp, catfish, cells and gudgon) is
July End to November 30th, incl.
It is unlawful to use dip net above
tide-water points at any time, except
same may be used to take bait fish.
The Court of Appeals, Case No.
81, which declared the Compact of
1885 as not applying above tide watt
er on the Potomac River, has caused
numerous inquiries to reach this
office as to the application OF the
local laws. In the counties OF Gar
rett, Allegheny and Carroll, the
local law requires all non-residents
of the State, and in Washington and
Frederick counties, all non-resi-
dents of the county to procure an
anglers license at cost of $500,
from the Clerk of Court, to fish in
said waters.
Under date of March 5th, we re-
quested an opinion from the At
ktorney- relative to this mat
ter, which is quoted as follows:
"Your letter of March 5th In re-
ference to the effect of the recent de-
cision of the Court of Appeals, in
case No. 81, October Term, 1926,
upon the existing State Laws reg
ulating fishing is received. By the
above opinion the Court Of Appeals
decided that the Compact between
Maryland and Virginia in reference
to the jurisdiction over the Potomac
River extended only SO far as said
river is navigable and that above
that point Maryland has exclusive
Jurisdiction. That being the case.
Chapter $40 of the Acts Of 1924 will
apply to all of the Potomac River
that is not navigable. The opinion
does not decide at what point the
navigable part of said river COM
mences, that being a matter of fact
to be determined by the evidence il
the occasion for so doing should
ever rise.
You further ask in your letter as
to what effect Chap. 427 Of the Acts
of 1896, which was concurred in by
the State of Virginia still has. This
Act is still in force as affecting the
|non-navigable part of the Potomac
River except in SO far as it is incon-
|sistent with Public General Laws
which have been passed since that
time. In other words, Chapter $40
of the Acts of 1924 or any other
Public General Laws passed since
1896 would take precedence over
the former Act in so far as they are
inconsistent with it.
You also ask what force and ef-
feet local laws passed by Maryland
counties bordering on the non
navigable stream as lies within their
respective borders. In view OF the
above opinion of the Court OF
Appeals, these local laws will apply
to that portion of the river lying
within the limits of the counties to
the same extent as to other streams
lying within their territorial juris-
diction, and such counties can en-
force all local legislation which is
not inconsistent with the general
laws of the State all the way to the
West. Virginia Line"
You will note the Attorney Cen
erals ruling is to the effect that the
counties herein mentioned having
local legislation, requiring an Ang-
ler's License, Prevails, therefore,
persons desiring to fish in any OF the
said waters lying in said counties,
including the Potomac River"
must purchase an Anglers License.