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EXHIBIT 1 MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES COAST GUARD AND THE CITY OF PORTSMOUTH REGARDING THE ENFORCEMENT OF MARITIME SAFETY AND SECURITY ZONES I. PARTIES: The parties to this agreement are the United States Coast Guard (USCG) and the City of Portsmouth, acting through the Portsmouth Chief of Police. II, AUTHORITY: This agreement is authorized under the provisions of 14 U.S.C, ~ 141(b) 50 U,S,C, ~ 191 33 U.S,C, ~ 1221, et seq. 46 U.S,C. ~ 70118 (amended 2006), ~ 70119 33 C.F,R. Part 6 33 C,F,R. 3.25-10 Department of Homeland Security Delegation No, 170,1 Va, Code, ~15.2-1726 USCG Judge Advocate General Memorandum 16240 of June 1,2005 III. PURPOSE: The purpose of this agreement is to set forth the framework and procedures by which the United States Coast Guard (USCG) through the Captain of the Port (COTP) Hampton Roads, will work together with the City of Portsmouth, under the supervision of the Chief of Police, to enhance the safety and security of waters within their respective jurisdictions, through the cooperative enforcement of maritime safety and security zones that are created by the Coast Guard under the authority of the Magnuson Act, as codified at 50 U.S.C, ~ 191, and implemented at 33 C.F.R. Part 6, and the Ports and Waterways Safety Act, as codified at 33 D,S.C. ~ 1221, et seq, IV. DEFINITIONS: The parties understand that there are a spectrum of activities that promote the effective enforcement of safety and security zones, Throughout this agreement,. an effort has been made to distinguish between the terms "ENFORCEMENT ACTION" and "ENFORCEMENT ASSISTANCE," as described below. This agreement applies only to enforcement assistance efforts and the methods used to accomplish such efforts. A. ENFORCEMENT ACTION: For the purposes of this agreement, "ENFORCEMENT ACTION" is any activity relating to the enforcement of Federal or State law that implicates any legal privilege or constitutional right of a person, including, but not limited to: arrest, seizure, custodial interrogation, or application of force.