| OCR Text |
Show formation in the mines and economical methods of preventing it. Such research should look to the recovery and beneficial use of the acids, if possible. (2) A definite program should be undertaken to prevent the acid waste from entering the tributaries of the Potomac River. (3) States should consider the possibility of leg- islation to require reduction in acid mine waste pollution. (4) Responsibility should be placed upon the individuals responsible for any continued contami- nation. 4. The Need and Responsibility To Maintain and Enhance Fish and Wildlife in Water Resources Development The Problem Agency responsibility and actions needed to main- tain and enhance the fish and wildlife resources of the Potomac Basin. The Situation The tidewater Potomac is important as a com- mercial fishery, whereas the upper part of the basin is important for recreational fishing. Like most eastern fisheries, the Potomac has been subject to progressive deterioration from overfishing and pol- lution. In the last two or three decades, the harvests of shad, alewives, and striped bass, as well as of oyster and blue crab, have seriously declined, con- stituting a grave economic loss to the commercial fishermen on the lower Potomac and Chesapeake Bay. Obstacles to spawning runs would further impair fisheries of the migratory species. In the upper reaches trout and smallmouth bass, once famous in these areas, have been nearly eliminated by local contamination and the increased fishing pressure. The lower Potomac marsh areas are part of the Chesapeake Bay waterfowl area, one of the key wintering areas for waterfowl within the Atlantic Flyway. Recent efforts to reclaim marsh lands for agricultural and mosquito control purposes threaten seriously to deplete marsh habitat for these migra- tory waterfowl. The marshes also are the habitat of fur-bearing animals. Drainage of swamps is largely a private enter- prise but may be encouraged or discouraged by the policies and practices in the administration of cer- tain agricultural programs. These are as yet beyond the control of fish and wildlife agencies in spite of their deep interest in the radical changes brought about by such drainage. The Fish and Wildlife Service shares with the States an interest and responsibility in the preserva- tion of fish and wildlife in the basin. The States regulate fishing and hunting and maintain fish hatcheries and wildlife refuges. The Fish and Wildlife Service conducts extensive biological re- searches directed to problems in the preservation of fish and wildlife. It advises commercial fisheries on problems of catching, processing, and marketing fish, and maintains and operates fish hatcheries and restocks streams. It administers grants to States for the establishment of wildlife management areas and maintains and operates Federal wildlife refuges. It also is responsible for the action relating to the migratory bird treaty between the United States, Canada, and Mexico with respect to the establish- ment and maintenance of adequate waterfowl habitat. Progress has been delayed by conflict between States in regulating the fisheries of the lower Poto- mac. It is one of the chief fish and wildlife prob- lems with which the States of the basin are con- fronted. This conflict dates back to colonial days when Virginia and Maryland signed the compact of 1785, whereby Virginia agreed to allow Maryland boats to sail up the Chesapeake Bay if Maryland agreed to allow Virginians to fish in the Potomac River. The river is under Maryland jurisdiction to the low-water mark on Virginia's side. The com- pact also contained a provision that future legisla- tion relating to fishing on the Potomac would be effective only when enacted by both Maryland and Virginia. Joint regulatory legislation was first enacted in 1831 and 1832. However, the controversy arises from the concurrent laws regulating fishing which the two States passed in 1930 and 1931. This joint legislation forbid the use of power dredges to catch oysters in the Potomac. In 1936, Virginia enacted new and more lenient legislation which legalized the use of power dredges by oystermen. The cur- rent dispute occurred when Maryland contended that on the basis of the compact, fishing laws were not effective until passed jointly by the two States, and thus the older concurrent law should govern fishing for both States. Virginia maintained that the compact of 1785 gave Virginians fishing rights on the Potomac and the only regulation Virginians were subject to was the 1936 law. Altercations have arisen when Virginia fishermen, using their power dredges, have been arrested by Maryland police. 599 |
