§ 13-0371 — Atlantic States Marine Fisheries Compact

§ 13-0371. Atlantic States Marine Fisheries Compact.\n 1. The Atlantic States Marine Fisheries Compact as first enacted by\nchapter 500 of the laws of 1941, and as reenacted by chapter 474 of the\nlaws of 1961, is hereby continued. The compact is as follows:\n ATLANTIC STATES MARINE FISHERIES COMPACT\n The contracting states solemnly agree:\n Article I\n The purpose of this compact is to promote the better utilization of\nthe fisheries, marine, shell and anadromous, of the Atlantic seaboard by\nthe development of a joint program for the promotion and protection of\nsuch fisheries by the prevention of the physical waste of the fisheries\nfrom any cause. It is not the purpose of this compact to authorize the\nstates joining herein to limit the production of fish or fish products\nfor the purpose of establishing or fixing the price thereof, or creating\nand perpetuating monopoly.\n Article II\n This agreement shall become operative immediately as to those states\nexecuting it whenever any two or more of the states of Maine, New\nHampshire, Massachusetts, Rhode Island, Connecticut, New York, New\nJersey, Delaware, Maryland, Virginia, North Carolina, South Carolina,\nGeorgia and Florida have executed it in the form that is in accordance\nwith the laws of the executing state and the Congress has given its\nconsent. Any state contiguous with any of the aforementioned states and\nriparian upon waters frequented by anadromous fish, flowing into waters\nunder the jurisdiction of any of the aforementioned states, may become a\nparty hereto as hereinafter provided.\n Article III\n Each state joining herein shall appoint three representatives to a\ncommission hereby constituted and designated as the Atlantic states\nmarine fisheries commission. One shall be the executive officer of the\nadministrative agency of such state charged with the conservation of the\nfisheries resources to which this compact pertains or, if there be more\nthan one officer or agency, the official of that state named by the\ngovernor thereof. The second shall be a member of the legislature of\nsuch state designated by the commission or committee on interstate\ncooperation of such state, or if there be none, or if said commission on\ninterstate cooperation cannot constitutionally designate the said\nmember, such legislator shall be designated by the governor thereof;\nprovided that if it is constitutionally impossible to appoint a\nlegislator as a commissioner from such state, the second member shall be\nappointed by the governor of said state in his discretion. The third\nshall be a citizen who shall have a knowledge of and interest in the\nmarine fisheries problem to be appointed by the governor. This\ncommission shall be a body corporate with the powers and duties set\nforth herein.\n Article IV\n The duty of the said commission shall be to make inquiry and ascertain\nfrom time to time such methods, practices, circumstances and conditions\nas may be disclosed for bringing about the conservation and the\nprevention of the depletion and physical waste of the fisheries, marine,\nshell and anadromous, of the Atlantic seaboard. The commission shall\nhave power to recommend the coordination of the exercise of the police\npowers of the several states within their respective jurisdictions to\npromote the preservation of those fisheries and their protection against\noverfishing, waste, depletion or any abuse whatsoever and to assure a\ncontinuing yield from the fisheries resources of the aforementioned\nstates.\n To that end the commission shall draft and, after consultation with\nthe advisory committee hereinafter authorized, recommend to the\ngovernors and legislatures of the various signatory states, legislation\ndealing with the conservation of the marine, shell and anadromous\nfisheries of the Atlantic seaboard. The commission shall, more than one\nmonth prior to any regular meeting of the legislature in any signatory\nstate, present to the governor of the state its recommendations relating\nto enactments to be made by the legislature of that state in furthering\nthe intents and purposes of this compact.\n The commission shall consult with and advise the pertinent\nadministrative agencies in the states party hereto with regard to\nproblems connected with the fisheries and recommend the adoption of such\nregulations as it deems advisable. The commission shall have power to\nrecommend to the states party hereto the stocking of the waters of such\nstates with fish and fish eggs or joint stocking by some or all of the\nstates party hereto and when two or more of the states shall jointly\nstock waters the commission shall act as the coordinating agency for\nsuch stocking.\n Article V\n The commission shall elect from its number a chairman and a vice\nchairman and shall appoint and at its pleasure remove or discharge such\nofficers and employees as may be required to carry the provisions of\nthis compact into effect and shall fix and determine their duties,\nqualifications and compensation. Said commission shall adopt rules and\nregulations for the conduct of its business. It may establish and\nmaintain one or more offices for the transaction of its business and may\nmeet at any time or place but must meet at least once a year.\n Article VI\n No action shall be taken by the commission in regard to its general\naffairs except by the affirmative vote of a majority of the whole number\nof compacting states present at any meeting. No recommendation shall be\nmade by the commission in regard to any species of fish except by the\naffirmative vote of a majority of the compacting states which have an\ninterest in such species. The commission shall define what shall be an\ninterest.\n Article VII\n The fish and wildlife service of the department of the interior of the\ngovernment of the United States shall act as the primary research agency\nof the Atlantic states marine fisheries commission cooperating with the\nresearch agencies in each state for that purpose. Representatives of the\nsaid fish and wildlife service shall attend the meetings of the\ncommission.\n An advisory committee to be representative of the commercial fishermen\nand the salt water anglers and such other interests of each state as the\ncommission deems advisable shall be established by the commission as\nsoon as practicable for the purpose of advising the commission upon such\nrecommendations as it may desire to make.\n Article VIII\n When any state other than those named specifically in article two of\nthis compact shall become a party thereto for the purpose of conserving\nits anadromous fish in accordance with the provisions of article two the\nparticipation of such state in the action of the commission shall be\nlimited to such species of anadromous fish.\n Article IX\n Nothing in this compact shall be construed to limit the powers of any\nsignatory state or to repeal or prevent the enactment of any legislation\nor the enforcement of any requirement by any signatory state imposing\nadditional conditions and restrictions to conserve its fisheries.\n Article X\n Continued absence of representation or of any representative on the\ncommission from any state party hereto shall be brought to the attention\nof the governor thereof.\n Article XI\n The states party hereto agree to make annual appropriation to the\nsupport of the commission in proportion to the primary market value of\nthe products of their fisheries, exclusive of cod and haddock, as\nrecorded in the most recent published reports of the fish and wildlife\nservice of the United States department of the interior, provided no\nstate shall contribute less than two hundred dollars per annum and the\nannual contribution of each state above the minimum shall be figured to\nthe nearest one hundred dollars.\n The compacting states agree to appropriate initially the annual\namounts scheduled below, which amounts are calculated in the manner set\nforth herein, on the basis of the catch record of nineteen hundred\nthirty-eight. Subsequent budgets shall be recommended by majority of the\ncommission and the cost thereof allocated equitably among the states in\naccordance with their respective interests and submitted to the\ncompacting states.\n Schedule of initial annual state contributions:\n Maine ......................................................... $700\n New Hampshire .................................................. 200\n Massachusetts ................................................ 2,300\n Rhode Island ................................................... 300\n Connecticut .................................................... 400\n New York ..................................................... 1,300\n New Jersey ..................................................... 800\n Delaware ....................................................... 200\n Maryland ....................................................... 700\n Virginia ..................................................... 1,300\n North Carolina ................................................. 600\n South Carolina ................................................. 200\n Georgia ........................................................ 200\n Florida ...................................................... 1,500\n Article XII\n This compact shall continue in force and remain binding upon each\ncompacting state until renounced by it. Renunciation of this compact\nmust be preceded by sending six months' notice in writing of intention\nto withdraw from the compact to the other states party hereto.\n The states consenting to this amendment agree that any two or more of\nthem may designate the commission as a joint regulatory agency with such\npowers as they may jointly confer from time to time for the regulation\nof the fishing operations of the citizens and vessels of such\ndesignating states with respect to specific fisheries in which such\nstates have a common interest. The representatives of such states on the\ncommission shall constitute a separate section commission for the\nexercise of the additional powers so granted provided that the states so\nacting shall appropriate additional funds for this purpose. The creation\nof such section as a joint regulatory agency shall not deprive the\nstates participating therein of any of their privileges or powers or\nresponsibilities in the commission under the general compact.\n 2. "The executive officer" referred to in article three of the compact\nshall, in the case of New York, be the Commissioner of Environmental\nConservation or an officer of the department designated by him. The two\nother representatives shall be chosen from the classes of persons\nprescribed in article three of the compact, and in the manner required\nthereby.\n 3. The Atlantic States Marine Fisheries Commission shall submit\nannually, in accordance with the laws and practice of this state, to the\nCommissioner of Environmental Conservation for study and consideration\nby such commissioner, an estimate of moneys required to administer,\nmanage and support the commission during the ensuing fiscal year. Such\nestimate shall include any request for appropriation of funds by New\nYork and shall be accompanied by a tabulation of similar requests which\nthe commission expects to make to each other member state and the\nformula or factors upon which such respective requests are based.\n 4. The Commissioner of Environmental Conservation shall include a\nsuitable item or items of estimated expenditures in the budget estimates\nof his department, and shall give due effect to the provisions of\narticle eleven of the Atlantic States Marine Fisheries Compact.\n 5. The State Comptroller is hereby authorized and empowered from time\nto time to examine the accounts and books of the commission, including\nits receipts, disbursements and such other items referring to its\nfinancial standing as such comptroller may deem proper and to report the\nresults of such examination to the Governor.\n 6. No provision of the Conservation Law and no provision of the\nEnvironmental Conservation Law, if such provision of the Environmental\nConservation Law was derived from a provision of the Conservation Law,\nwhich is inconsistent with the provisions of the Atlantic States Marine\nFisheries Compact shall be applicable to the Atlantic States Marine\nFisheries Commission or to any matter governed by the Atlantic States\nMarine Fisheries Compact.\n 7. On August 15, 1964 and at intervals of four years thereafter, the\nCommissioner of Environmental Conservation shall evaluate the role of\nthe Atlantic States Marine Fisheries Commission with respect to the\ninterstate fisheries of concern to New York and shall report to the\ncommission thereon. The commissioner shall transmit a copy of such\nreport to the Governor. The commissioner may make such additional\nreports to the Atlantic States Marine Fisheries Commission and the\nGovernor as he deems appropriate.\n