§ 20-8-1 - Entry into compact authorized – Text.
SECTION 20-8-1
§ 20-8-1 Entry into compact authorized– Text. – The governor of this state is hereby authorized and directed to execute acompact on behalf of the state of Rhode Island with any one or more of thestates of Maine, New Hampshire, Massachusetts, Connecticut, New York, NewJersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia,and Florida and with such other states as may enter into the compact, legallyjoining therein in the form substantially as follows:
ATLANTIC STATES MARINE FISHERIES COMPACT
The contracting states solemnly agree:
ARTICLE I
The purpose of this compact is to promote the betterutilization of the fisheries, marine, shell and anadromous, of the Atlanticseaboard by the development of a joint program for the promotion and protectionof such fisheries, and by the prevention of the physical waste of the fisheriesfrom any cause. It is not the purpose of this compact to authorize the statesjoining herein to limit the production of fish or fish products for the purposeof establishing or fixing the price thereof, or creating and perpetuatingmonopoly.
ARTICLE II
This agreement shall become operative immediately as to thosestates executing it whenever any two or more of the states of Maine, NewHampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey,Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia andFlorida have executed it in the form that is in accordance with the laws of theexecuting state and the congress has given its consent. Any state contiguouswith any of the aforementioned states and riparian upon waters frequented byanadromous fish, flowing into waters under the jurisdiction of any of theaforementioned states, may become a party hereto as hereinafter provided.
ARTICLE III
Each state joining herein shall appoint three (3)representatives to a commission hereby constituted and designated as theAtlantic states marine fisheries commission. One shall be the executive officerof the administrative agency of such state charged with the conservation of thefisheries resources to which this compact pertains or, if there be more thanone (1) officer or agency, the official of that state named by the governorthereof. The second shall be a member of the legislature of such statedesignated by the commission or committee on interstate co-operation of suchstate, or if there be none, or if said commission on interstate co-operationcannot constitutionally designate the said member, such legislator shall bedesignated by the governor thereof; provided, that if it is constitutionallyimpossible to appoint a legislator as a commissioner from such state, thesecond member shall be appointed by the governor of such state in his or herdiscretion. The third shall be a citizen who shall have a knowledge of andinterest in the marine fisheries problem to be appointed by the governor. Thiscommission shall be a body corporate with the powers and duties set forthherein.
ARTICLE IV
The duty of the said commission shall be to make inquiry andascertain from time to time such methods, practices, circumstances andconditions as may be disclosed for bringing about the conservation and theprevention of the depletion and physical waste of the fisheries, marine, shelland anadromous, of the Atlantic seaboard. The commission shall have power torecommend the co-ordination of the exercise of the police powers of the severalstates within their respective jurisdictions to promote the preservation ofthose fisheries and their protection against overfishing, waste, depletion orany abuse whatsoever and to assure a continuing yield from the fisheriesresources of the aforementioned states.
To that end the commission shall draft and, afterconsultation with the advisory committee hereinafter authorized, recommend tothe governors and legislatures of the various signatory states legislationdealing with the conservation of the marine, shell and anadromous fisheries ofthe Atlantic seaboard. The commission shall, more than one (1) month prior toany regular meeting of the legislature in any signatory state, present to thegovernor of the state its recommendations relating to enactments to be made bythe legislature of that state in furthering the intents and purposes of thiscompact.
The commission shall consult with and advise the pertinentadministrative agencies in the states party hereto with regard to problemsconnected with the fisheries and recommend the adoption of such regulations asit deems advisable.
The commission shall have power to recommend to the statesparty hereto the stocking of the waters of such states with fish and fish eggsor joint stocking by some or all of the states party hereto and when two ormore of the states shall jointly stock waters the commission shall act as theco-ordinating agency for such stocking.
ARTICLE V
The commission shall elect from its number a chairman and avice chairman and shall appoint and at its pleasure remove or discharge suchofficers and employees as may be required to carry the provisions of thiscompact into effect and shall fix and determine their duties, qualificationsand compensation. Said commission shall adopt rules and regulations for theconduct of its business. It may establish and maintain one or more offices forthe transaction of its business and may meet at any time or place but must meetat least once a year.
ARTICLE VI
No action shall be taken by the commission in regard to itsgeneral affairs except by the affirmative vote of a majority of the wholenumber of compacting states present at any meeting. No recommendation shall bemade by the commission in regard to any species of fish except by theaffirmative vote of a majority of the compacting states which have an interestin such species. The commission shall define what shall be an interest.
ARTICLE VII
The fish and wildlife service of the department of theinterior of the government of the United States shall act as the primaryresearch agency of the Atlantic states marine fisheries commission co-operatingwith the research agencies in each state for that purpose. Representatives ofthe said fish and wildlife service shall attend the meetings of the commission.
An advisory committee to be representative of the commercialfishers and the salt-water anglers and such other interests of each state asthe commission deems advisable shall be established by the commission as soonas practicable for the purpose of advising the commission upon suchrecommendations as it may desire to make.
ARTICLE VIII
When any state other than those named specifically in articleII of this compact shall become a party thereto for the purpose of conservingits anadromous fish in accordance with the provisions of article II theparticipation of such state in the action of the commission shall be limited tosuch species of anadromous fish.
ARTICLE IX
Nothing in this compact shall be construed to limit thepowers of any signatory state or to repeal or prevent the enactment of anylegislation or the enforcement of any requirement by any signatory stateimposing additional conditions and restrictions to conserve its fisheries.
ARTICLE X
Continued absence of representation or of any representativeon the commission from any state party hereto shall be brought to the attentionof the governor thereof.
ARTICLE XI
The states party hereto agree to make annual appropriationsto the support of the commission in proportion to the primary market value ofthe products of their fisheries, exclusive of cod and haddock, as recorded inthe most recent published reports of the fish and wildlife service of theUnited States department of the interior, provided, no state shall contributeless than two hundred dollars ($200) per annum and the annual contribution ofeach state above the minimum shall be figured to the nearest one hundreddollars ($100).
The compacting states agree to appropriate initially theannual amounts scheduled below, which amounts are calculated in the manner setforth herein, on the basis of the catch record of 1938. Subsequent budgetsshall be recommended by a majority of the commission and the cost thereofallocated equitably among the states in accordance with their respectiveinterests and submitted to the compacting states.
Schedule of Initial Annual State Contributions.
Maine $ 700
New Hampshire 200
Massachusetts 2300
Rhode Island 300
Connecticut 400
New York 1300
New Jersey 800
Delaware 200
Maryland 700
Virginia 1300
North Carolina 600
South Carolina 200
Georgia 200
Florida 1500
ARTICLE XII
This compact shall continue in force and remain binding uponeach compacting state until renounced by it. Renunciation of this compact mustbe preceded by sending six (6) months' notice in writing of intention towithdraw from the compact to the other states party hereto.