Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 13-0371
Atlantic States Marine Fisheries Compact
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 13-0371. Atlantic States Marine Fisheries Compact.

1. The Atlantic States Marine Fisheries Compact as first enacted by
chapter 500 of the laws of 1941, and as reenacted by chapter 474 of the
laws of 1961, is hereby continued. The compact is as follows:

ATLANTIC STATES MARINE FISHERIES COMPACT

The contracting states solemnly agree:

Article I

The purpose of this compact is to promote the better utilization of
the fisheries, marine, shell and anadromous, of the Atlantic seaboard by
the development of a joint program for the promotion and protection of
such fisheries by the prevention of the physical waste of the fisheries
from any cause. It is not the purpose of this compact to authorize the
states joining herein to limit the production of fish or fish products
for the purpose of establishing or fixing the price thereof, or creating
and perpetuating monopoly.

Article II

This agreement shall become operative immediately as to those states
executing it whenever any two or more of the states of Maine, New
Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New
Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina,
Georgia and Florida have executed it in the form that is in accordance
with the laws of the executing state and the Congress has given its
consent. Any state contiguous with any of the aforementioned states and
riparian upon waters frequented by anadromous fish, flowing into waters
under the jurisdiction of any of the aforementioned states, may become a
party hereto as hereinafter provided.

Article III

Each state joining herein shall appoint three representatives to a
commission hereby constituted and designated as the Atlantic states
marine fisheries commission. One shall be the executive officer of the
administrative agency of such state charged with the conservation of the
fisheries resources to which this compact pertains or, if there be more
than one officer or agency, the official of that state named by the
governor thereof. The second shall be a member of the legislature of
such state designated by the commission or committee on interstate
cooperation of such state, or if there be none, or if said commission on
interstate cooperation cannot constitutionally designate the said
member, such legislator shall be designated by the governor thereof;
provided that if it is constitutionally impossible to appoint a
legislator as a commissioner from such state, the second member shall be
appointed by the governor of said state in his discretion. The third
shall be a citizen who shall have a knowledge of and interest in the
marine fisheries problem to be appointed by the governor. This
commission shall be a body corporate with the powers and duties set
forth herein.

Article IV

The duty of the said commission shall be to make inquiry and ascertain
from time to time such methods, practices, circumstances and conditions
as may be disclosed for bringing about the conservation and the
prevention of the depletion and physical waste of the fisheries, marine,
shell and anadromous, of the Atlantic seaboard. The commission shall
have power to recommend the coordination of the exercise of the police
powers of the several states within their respective jurisdictions to
promote the preservation of those fisheries and their protection against
overfishing, waste, depletion or any abuse whatsoever and to assure a
continuing yield from the fisheries resources of the aforementioned
states.

To that end the commission shall draft and, after consultation with
the advisory committee hereinafter authorized, recommend to the
governors and legislatures of the various signatory states, legislation
dealing with the conservation of the marine, shell and anadromous
fisheries of the Atlantic seaboard. The commission shall, more than one
month prior to any regular meeting of the legislature in any signatory
state, present to the governor of the state its recommendations relating
to enactments to be made by the legislature of that state in furthering
the intents and purposes of this compact.

The commission shall consult with and advise the pertinent
administrative agencies in the states party hereto with regard to
problems connected with the fisheries and recommend the adoption of such
regulations as it deems advisable. The commission shall have power to
recommend to the states party hereto the stocking of the waters of such
states with fish and fish eggs or joint stocking by some or all of the
states party hereto and when two or more of the states shall jointly
stock waters the commission shall act as the coordinating agency for
such stocking.

Article V

The commission shall elect from its number a chairman and a vice
chairman and shall appoint and at its pleasure remove or discharge such
officers and employees as may be required to carry the provisions of
this compact into effect and shall fix and determine their duties,
qualifications and compensation. Said commission shall adopt rules and
regulations for the conduct of its business. It may establish and
maintain one or more offices for the transaction of its business and may
meet at any time or place but must meet at least once a year.

Article VI

No action shall be taken by the commission in regard to its general
affairs except by the affirmative vote of a majority of the whole number
of compacting states present at any meeting. No recommendation shall be
made by the commission in regard to any species of fish except by the
affirmative vote of a majority of the compacting states which have an
interest in such species. The commission shall define what shall be an
interest.

Article VII

The fish and wildlife service of the department of the interior of the
government of the United States shall act as the primary research agency
of the Atlantic states marine fisheries commission cooperating with the
research agencies in each state for that purpose. Representatives of the
said fish and wildlife service shall attend the meetings of the
commission.

An advisory committee to be representative of the commercial fishermen
and the salt water anglers and such other interests of each state as the
commission deems advisable shall be established by the commission as
soon as practicable for the purpose of advising the commission upon such
recommendations as it may desire to make.

Article VIII

When any state other than those named specifically in article two of
this compact shall become a party thereto for the purpose of conserving
its anadromous fish in accordance with the provisions of article two the
participation of such state in the action of the commission shall be
limited to such species of anadromous fish.

Article IX

Nothing in this compact shall be construed to limit the powers of any
signatory state or to repeal or prevent the enactment of any legislation
or the enforcement of any requirement by any signatory state imposing
additional conditions and restrictions to conserve its fisheries.

Article X

Continued absence of representation or of any representative on the
commission from any state party hereto shall be brought to the attention
of the governor thereof.

Article XI

The states party hereto agree to make annual appropriation to the
support of the commission in proportion to the primary market value of
the products of their fisheries, exclusive of cod and haddock, as
recorded in the most recent published reports of the fish and wildlife
service of the United States department of the interior, provided no
state shall contribute less than two hundred dollars per annum and the
annual contribution of each state above the minimum shall be figured to
the nearest one hundred dollars.

The compacting states agree to appropriate initially the annual
amounts scheduled below, which amounts are calculated in the manner set
forth herein, on the basis of the catch record of nineteen hundred
thirty-eight. Subsequent budgets shall be recommended by majority of the
commission and the cost thereof allocated equitably among the states in
accordance with their respective interests and submitted to the
compacting states.

Schedule of initial annual state contributions:

Maine ......................................................... $700

New Hampshire .................................................. 200

Massachusetts ................................................ 2,300

Rhode Island ................................................... 300

Connecticut .................................................... 400

New York ..................................................... 1,300

New Jersey ..................................................... 800

Delaware ....................................................... 200

Maryland ....................................................... 700

Virginia ..................................................... 1,300

North Carolina ................................................. 600

South Carolina ................................................. 200

Georgia ........................................................ 200

Florida ...................................................... 1,500

Article XII

This compact shall continue in force and remain binding upon each
compacting state until renounced by it. Renunciation of this compact
must be preceded by sending six months' notice in writing of intention
to withdraw from the compact to the other states party hereto.

The states consenting to this amendment agree that any two or more of
them may designate the commission as a joint regulatory agency with such
powers as they may jointly confer from time to time for the regulation
of the fishing operations of the citizens and vessels of such
designating states with respect to specific fisheries in which such
states have a common interest. The representatives of such states on the
commission shall constitute a separate section commission for the
exercise of the additional powers so granted provided that the states so
acting shall appropriate additional funds for this purpose. The creation
of such section as a joint regulatory agency shall not deprive the
states participating therein of any of their privileges or powers or
responsibilities in the commission under the general compact.

2. "The executive officer" referred to in article three of the compact
shall, in the case of New York, be the Commissioner of Environmental
Conservation or an officer of the department designated by him. The two
other representatives shall be chosen from the classes of persons
prescribed in article three of the compact, and in the manner required
thereby.

3. The Atlantic States Marine Fisheries Commission shall submit
annually, in accordance with the laws and practice of this state, to the
Commissioner of Environmental Conservation for study and consideration
by such commissioner, an estimate of moneys required to administer,
manage and support the commission during the ensuing fiscal year. Such
estimate shall include any request for appropriation of funds by New
York and shall be accompanied by a tabulation of similar requests which
the commission expects to make to each other member state and the
formula or factors upon which such respective requests are based.

4. The Commissioner of Environmental Conservation shall include a
suitable item or items of estimated expenditures in the budget estimates
of his department, and shall give due effect to the provisions of
article eleven of the Atlantic States Marine Fisheries Compact.

5. The State Comptroller is hereby authorized and empowered from time
to time to examine the accounts and books of the commission, including
its receipts, disbursements and such other items referring to its
financial standing as such comptroller may deem proper and to report the
results of such examination to the Governor.

6. No provision of the Conservation Law and no provision of the
Environmental Conservation Law, if such provision of the Environmental
Conservation Law was derived from a provision of the Conservation Law,
which is inconsistent with the provisions of the Atlantic States Marine
Fisheries Compact shall be applicable to the Atlantic States Marine
Fisheries Commission or to any matter governed by the Atlantic States
Marine Fisheries Compact.

7. On August 15, 1964 and at intervals of four years thereafter, the
Commissioner of Environmental Conservation shall evaluate the role of
the Atlantic States Marine Fisheries Commission with respect to the
interstate fisheries of concern to New York and shall report to the
commission thereon. The commissioner shall transmit a copy of such
report to the Governor. The commissioner may make such additional
reports to the Atlantic States Marine Fisheries Commission and the
Governor as he deems appropriate.