ORS Chapter 507
Chapter 507 — Compactswith Other States
2009 EDITION
COMPACTSWITH OTHER STATES
COMMERCIALFISHING AND FISHERIES
507.010 Oregon-WashingtonColumbia River fish compact
507.020 Oregon-Washingtonconcurrent jurisdiction waters
507.030 Modificationof Oregon-Washington Columbia River fish compact; hearing
507.040 PacificStates Marine Fisheries Compact
507.050 Representationon Pacific States Marine Fisheries Commission
507.010Oregon-Washington Columbia River fish compact. Congress, byvirtue of the authority vested in it under section 10, Article I, United StatesConstitution, providing for compacts and agreements between states, havingratified the recommendations of the conference committees of the States ofOregon and Washington, appointed to agree on legislation necessary for theregulation, preservation and protection of fish in the waters of the ColumbiaRiver, over which said states have concurrent jurisdiction, and other waterswithin either state which would be affected by such concurrent interest,recommendations being as follows: “We further recommend that a resolution bepassed by the legislatures of Washington and Oregon, whereby the ratificationby Congress of the laws of the States of Oregon and Washington shall act as atreaty between said states, subject to modification only by joint agreement bysaid states;” and the recommendation having been approved by resolutionadopting the report of the conference committee, there exists between theStates of Oregon and Washington a definite compact and agreement, the purportof which is substantially as follows: All laws and regulations now existing, orwhich may be necessary for regulating, protecting or preserving fish in thewaters of the Columbia River, over which the States of Oregon and Washingtonhave concurrent jurisdiction, or any other waters within either of said states,which would affect the concurrent jurisdiction, shall be made, changed, alteredand amended in whole or in part, only with the mutual consent and approbationof both states.
507.020Oregon-Washington concurrent jurisdiction waters. The waters overwhich the States of Oregon and Washington are deemed to have concurrentjurisdiction comprise the waters of the Columbia River and its tributaries,within the confines of the States of Oregon and Washington, where such watersare state boundaries.
507.030Modification of Oregon-Washington Columbia River fish compact; hearing. (1) The StateFish and Wildlife Commission, on behalf of the State of Oregon, may enter intoan agreement with the constituted authority of the State of Washington, tomodify the existing agreement with respect to fishing in the waters of theColumbia River and its tributaries, within the confines of the States of Oregonand Washington, where such waters are state boundaries between the States ofOregon and Washington, as approved by the United States Congress on April 8,1918.
(2)The commission, in entering into any agreement with the constituted authorityof the State of Washington, as provided in subsection (1) of this section, mayhold a hearing jointly with such constituted authority of the State ofWashington within the State of Washington. However, any such joint meetingscheduled in either state shall be held not more than 25 miles from an area ofthe Columbia River where commercial fishing is permitted. [Amended by 1959c.321 §1; 1965 c.570 §150; 1971 c.187 §2; 1975 c.545 §14; 1987 c.244 §1]
507.040Pacific States Marine Fisheries Compact. A compact, in form as in this sectionfully set forth, shall be in effect when one or both of the States ofCalifornia and Washington become parties thereto, and the consent of Congresshas been granted as required by section 10, Article I, of the Constitution ofthe United States.
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Thecontracting states do hereby agree as follows:
ARTICLE I
Thepurposes of this compact are and shall be to promote the better utilization offisheries, marine, shell and anadromous, which are of mutual concern, and todevelop a joint program of protection and prevention of physical waste of suchfisheries in all of those areas of the Pacific Ocean and adjacent waters overwhich the compacting states jointly or separately now have or may hereafter acquirejurisdiction.
Nothingherein contained shall be construed so as to authorize the compacting states orany of them to limit the production of fish or fish products for the purpose ofestablishing or fixing the prices thereof or creating and perpetuating amonopoly.
ARTICLE II
Thisagreement shall become operative immediately as to those states executing it inthe form that is in accordance with the laws of the executing states and theCongress has given its consent.
ARTICLE III
Eachstate joining herein shall appoint, as determined by state statutes, one ormore representatives to a commission hereby constituted and designated as thePacific States Marine Fisheries Commission, of whom one shall be theadministrative or other officer of the agency of such state charged with theconservation of the fisheries resources to which this compact pertains. Thiscommission shall be invested with the powers and duties set forth herein.
Theterm of each commissioner of the Pacific States Marine Fisheries Commissionshall be four years. A commissioner shall hold office until a successor shallbe appointed and qualified but such successor’s term shall expire four yearsfrom legal date of expiration of the term of the predecessor. Vacanciesoccurring in the office of such commissioner from any reason or cause shall befilled for the unexpired term, or a commissioner may be removed from office, asprovided by the statutes of the state concerned. Each commissioner may delegatein writing from time to time, to a deputy, the power to be present andparticipate, including voting as the representative or substitute, at anymeeting of or hearing by or other proceeding of the commission.
Votingpowers under this compact shall be limited to one vote for each stateregardless of the number of representatives.
ARTICLE IV
Theduty of the said commission shall be to make inquiry and ascertain from time totime such methods, practices, circumstances and conditions as may be disclosedfor bringing about the conservation and the prevention of the depletion andphysical waste of the fisheries, marine, shell, and anadromous, in all of thoseareas of the Pacific Ocean over which the states signatory to this compactjointly or separately now have or may hereafter acquire jurisdiction. Thecommission shall have power to recommend the coordination of the exercise ofthe police powers of the several states within their respective jurisdictionsand said conservation zones to promote the preservation of those fisheries andtheir protection against over-fishing, waste, depletion or any abuse whatsoeverand to assure a continuing yield from the fisheries resources of the signatoryparties hereto.
Tothat end the commission shall draft and, after consultation with the advisorycommittee hereinafter authorized, recommend to the Governors and legislativebranches of the various signatory states hereto legislation dealing with theconservation of the marine, shell, and anadromous fisheries in all of thoseareas of the Pacific Ocean over which the signatory states jointly orseparately now have or may hereafter acquire jurisdiction. The commissionshall, more than one month prior to any regular meeting of the legislativebranch in any state signatory hereto, present to the Governor of such state itsrecommendations relating to enactments by the legislative branch of that statein furthering the intents and purposes of this compact.
Thecommission shall consult with and advise the pertinent administrative agenciesin the signatory states with regard to problems connected with the fisheriesand recommend the adoption of such regulations as it deems advisable and whichlie within the jurisdiction of such agencies.
Thecommission shall have power to recommend to the states signatory hereto thestocking of the waters of such states with marine, shell or anadromous fish andfish eggs or joint stocking by some or all of such states and when two or moreof the said states shall jointly stock waters the commission shall act as thecoordinating agency for such stocking.
ARTICLE V
Thecommission shall elect from its number a chairman and a vice chairman and shallappoint and at its pleasure remove or discharge such officers and employees asmay be required to carry the provisions of this compact into effect and shallfix and determine their duties, qualifications and compensation. Saidcommission shall adopt rules and regulations for the conduct of its business.It may establish and maintain one or more offices for the transaction of itsbusiness and may meet at any time or place within the territorial limits of thesignatory states but must meet at least once a year.
ARTICLE VI
Noaction shall be taken by the commission except by the affirmative vote of amajority of the whole number of compacting states represented at any meeting.No recommendation shall be made by the commission in regard to any species offish except by the vote of a majority of the compacting states which have aninterest in such species.
ARTICLE VII
Thefisheries research agencies of the signatory states shall act in collaborationas the official research agency of the Pacific States Marine FisheriesCommission.
Anadvisory committee to be representative of the commercial fishermen, commercialfishing industry and such other interests of each state as the commission deemsadvisable shall be established by the commission as soon as practicable for thepurpose of advising the commission upon such recommendations as it may desireto make.
ARTICLE VIII
Nothingin this compact shall be construed to limit the powers of any state or torepeal or prevent the enactment of any legislation or the enforcement of anyrequirement by any state imposing additional conditions and restrictions toconserve its fisheries.
ARTICLE IX
Continuedabsence of representation or of any representative on the commission from anystate party hereto, shall be brought to the attention of the Governor thereof.
ARTICLE X
TheStates agree to make available annual funds for the support of the Commissionon the following basis:
Eightypercent (80%) of the annual budget shall be shared equally by those memberStates having as a boundary the Pacific Ocean; and five percent (5%) of theannual budget shall be contributed by each other member State; the balance ofthe annual budget shall be shared by those member States, having as a boundarythe Pacific Ocean, in proportion to the primary market value of the products oftheir commercial fisheries on the basis of the latest five-year catch records.
Theannual contribution of each member State shall be figured to the nearest onehundred dollars.
Thisamended article shall become effective upon its enactment by the States ofAlaska, California, Idaho, Oregon and Washington and upon ratification byCongress by virtue of the authority vested in it under Article I, section 10,of the Constitution of the United States.
ARTICLE XI
Thiscompact shall continue in force and remain binding upon each state untilrenounced by it. Renunciation of this compact must be preceded by sending sixmonths’ notice in writing of intention to withdraw from the compact to theother parties hereto.
ARTICLE XII
TheStates of Alaska or Hawaii, or any state having rivers or streams tributary tothe Pacific Ocean may become a contracting state by enactment of the PacificMarine Fisheries Compact. Upon admission of any new state to the compact, thepurposes of the compact and the duties of the commission shall extend to thedevelopment of joint programs for the conservation, protection and preventionof physical waste of fisheries in which the contracting states are mutuallyconcerned and to all waters of the newly admitted state necessary to developsuch programs.
Thisarticle shall become effective upon its enactment by the States of California,Oregon and Washington and upon ratification by Congress by virtue of theauthority vested in it under Article I, section 10, of the Constitution of theUnited States.
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[Amendedby 1961 c.481 §1; 1969 c.129 §1; 2009 c.11 §71]
Note: The PacificMarine Fisheries Compact was enacted into law by the Legislative Assembly ofOregon by chapter 131, Oregon Laws 1947 (approved by Governor on March 11,1947). The compact was enacted into law by the Washington State Legislature bychapter 29, Washington Laws 1947 (approved by Governor on February 20, 1947).The Congress of the United States consented to the compact by Public Law 232,80th Congress (signed by President on July 24, 1947). In 1990, Congress redesignatedthe “Pacific Marine Fisheries Commission” as the “Pacific States MarineFisheries Commission” by Public Law 101-627, 101st Congress (signed byPresident on November 28, 1990).
507.050Representation on Pacific States Marine Fisheries Commission. The State Fishand Wildlife Director, one legislator appointed as provided in this section andone public member appointed by the Governor shall act as representatives of theState of Oregon on the Pacific States Marine Fisheries Commission in accordancewith the provisions of and with the powers and duties in the compact set forthin ORS 507.040. The legislative member shall be appointed by the President ofthe Senate or the Speaker of the House of Representatives from among thoselegislators who, at the time of appointment, are serving on the PacificFisheries Legislative Task Force. The legislative member shall serve for a termof four years. The Speaker of the House of Representatives and the President ofthe Senate shall alternate in making the appointment of the legislative member.[Amended by 1961 c.192 §1; 1975 c.253 §29; 1987 c.436 §1; 2007 c.71 §170; 2009c.11 §72]
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