Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-04-21
POTOMAC FISHING
| DECISIONS DIFFER
Maryland and West Virginia
Law Officers Rule
on Licenses.

The attorney general of West Vir-
GINA, in an opinion recently rendered
ruled that a resident Of West Virginia
having first obtained a fishing license
from his State was not required to have
a Maryland license to fish in the Poto-
mac River.
The opinion was sent to the attorney
general of Maryland for his opinion I'M
der date of April 2, 1881, and the latter
ruled that residents of Virginia or West
Virginia may not fish in the waters OF
the Potomac River above Little Falls
the dividing line between the tidal and
non-tidal portions of the river-without
first obtaining Maryland license.
Asked for Opinion.
In reply to a letter from Swepson
Earle, Maryland conservation commits
sioner, asking for an opinion OF the
decision of the attorney general OF West
Virginia, William P. Lane, jr, attorney
general of Maryland, said:
You call to my attention an opinion
recently rendered by the attorney gen.
eral OF West Virginia in which, reply
ing upon the compact of 1875 between
the States of Maryland and Virginia,
it was held that citizen OF West VIZ
ginia might fish III the waters of the
Potomac River from the West Virginia
bank or in the river itself without OBJ
tanning a Maryland license.
In the case of Middlekautf VS.. Le-
Compile. l49 Md. 62l, the Court OF APP
peals OF Maryland held that the pro-
visions of the compact OF 1875 relating
to the preservation of fish in the Poto-
mac River have no application to the
upper non navigable portion OF the
nver. In that case the power OF the
Maryland game warden and the deputy
game warden to destroy fish pots main
tanned by residents of West Virginia in
the upper non-navigable portion OF the
Potomac River was upheld, although
the legislation under which the wardenS
acted cart. 80, Secs. 81 and 80, Bagby's
Code, 1920 had been adopted without
reference to the compact.
II am therefore OF the opinion that
residents of Virginia or of West Viz
ginia may not fish in the waters OF the
Potomac River above Little Falls
dividing line between the tidal and nom
tidal portions of the river-Without first
Obtaining a license under Sections 76
and II OF Article 80
What the anglers in Virginia and West
Virginia want TO know Is how to proceed
this Summer on their piscatorlal out
ings, especially those in the latter State.
The Maryland Conservation Department
will certainly follow the ruling of its
attorney general and make arrests for
violation of her fishing laws, and the
residents of West Virginia, acting under
the decision of the attorney general OF
that Stale, are apt to find themselves in
an embarrassing situation if caught by
a Maryland game warden. SWepson
Earle. Maryland conservation commits
eSa he mill n
his wardenS enforce the law.
In all probability the matter will final
" go through the courts to the Supreme
Court of the United States. unless a
plan outlined at the meeting OF the con-
Seryation commissioners of Maryland,
Virginia and West Virginia. held at the
Bureau of Fisheries in Washington last
December, is adopted. The plan sug-
gested at that meeting was to have a
commission 10 make regulations govern
ing fishing in the Upper Potomac, said
commission to be composed Of the fish
commissioners of those States and a
representative of the Bureau of Fish
cries.
Federal Officer Comments.
Lewis Radcliffe, deputy commissioner
of the United States Bureau of Fisheries,
when informed of the ruling of the at
torney general of Maryland, said:
Il am of the opinion that Maryland
has the last say in matters pertaining to
fishing In the Potomac River under the
compact of 1875. There should be some
reciprocity entered into between Mary
land, Virginia and West Virginia in re-
gard TO fishing in the Upper Potomac,
and 1 will go a bit further and say that
motorists travelling from one State TO
another should be given a or 10 day
fishing license at nominal fee of 81 or
So. For example, take man travelling
across the country. say from Seattle,
Wash. who wants to fish. If he had to
pay the full license in each State he
would soon run out Of money. Several
States in the Union have put into effect
such fishing license, and it is mighty
OoOd thing "