CHAPTER 91. GULF STATES COMPACT
PARKS AND WILDLIFE CODE
TITLE 6. COMPACTS
CHAPTER 91. GULF STATES COMPACT
Sec. 91.001. MEMBERS OF COMMISSION. The three members of the
Gulf States Marine Fisheries Commission from the state authorized
under Article III of the Gulf States Marine Fisheries Compact
are:
(1) the executive director of the department;
(2) a legislator appointed jointly by the lieutenant governor
and speaker of the house of representatives; and
(3) a citizen with a knowledge of the marine fisheries problems
appointed by the governor with the advice and consent of the
senate.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 91.002. TERMS OF COMMISSION MEMBERS. (a) The executive
director of the department shall serve on the Gulf States Marine
Fisheries Commission in an ex-officio capacity, and his term
expires when he ceases to hold the office of executive director
of the department. His successor as a member of the Gulf States
Marine Fisheries Commission is his successor as executive
director of the department.
(b) The legislator appointed as a member of the Gulf States
Marine Fisheries Commission shall serve in an ex-officio
capacity, and his term expires at the time he ceases to hold his
legislative office. His successor as a member of the Gulf States
Marine Fisheries Commission shall be appointed as provided by
Section 91.001(2) of this code.
(c) The citizen appointed as a member of the Gulf States Marine
Fisheries Commission shall serve a term of three years or until
his successor has been appointed and has qualified. A vacancy in
this position shall be filled for the unexpired term by
appointment by the governor with the advice and consent of the
senate.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 91.003. DELEGATE OF COMMISSIONER. The executive director
of the department as ex-officio member of the Gulf States Marine
Fisheries Commission may delegate to an authorized employee of
the department the power to be present and participate, including
the right to vote for the executive director, at any meeting,
hearing, or proceeding of the Gulf States Marine Fisheries
Commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 91.004. POWERS AND DUTIES. All the powers provided for in
the compact and all the powers necessary or incidental to the
carrying out of the compact are granted to the Gulf States Marine
Fisheries Commission and members of the commission. These powers
are in aid of and supplemental to but not a limitation on the
powers vested in the Gulf States Marine Fisheries Commission by
other laws of this state or by the terms of the compact.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 91.005. COOPERATION OF STATE AGENCIES. (a) All officers
of the state shall do all things falling within their respective
jurisdictions necessary or incidental to the carrying out of the
compact.
(b) All officers, bureaus, departments, and persons in state
government shall furnish the Gulf States Marine Fisheries
Commission information and data requested by the commission and
aid the commission by loan of personnel or other means lying
within their legal rights.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 91.006. REPORTS. The Gulf States Marine Fisheries
Commission shall keep accurate accounts of receipts and
disbursements and shall submit on or before February 10 of each
year a report to the governor and legislature of the state
containing:
(1) a detailed description of the transactions conducted by the
commission during the preceding calendar year;
(2) recommendations for any legislative action considered
advisable or necessary to carry out the intent and purposes of
the compact.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 91.007. AUDITOR. The accounts and books of the Gulf States
Marine Fisheries Commission, including receipts, disbursements,
and other items relating to its financial standing are subject to
audit by the state auditor in accordance with Chapter 321,
Government Code. The auditor shall report the results of the
examination to the governor of each state that is a party to the
compact.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 91, eff.
Sept. 1, 1989.
Sec. 91.008. TEXT OF COMPACT. The Gulf States Marine Fisheries
Compact reads as follows:
GULF STATES MARINE FISHERIES COMPACT
The contracting states solemnly agree:
ARTICLE I
Whereas the Gulf Coast States have the proprietary interest in
and jurisdiction over fisheries in the waters within their
respective boundaries, it is the purpose of this compact to
promote the better utilization of the fisheries, marine, shell
and anadromous, of the seaboard of the Gulf of Mexico, by the
development of a joint program for the promotion and protection
of such fisheries and the prevention of the physical waste of the
fisheries from any cause.
ARTICLE II
This compact shall become operative immediately as to those
states ratifying it whenever any two or more of the states of
Florida, Alabama, Mississippi, Louisiana and Texas have ratified
it and the Congress has given its consent, pursuant to Article I,
Section 10 of the Constitution of the United States. Any state
contiguous to any of the aforementioned states or riparian upon
waters which flow into waters under the jurisdiction of any of
the aforementioned States and which are frequented by anadromous
fish or marine species, 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 Gulf States
Marine Fisheries Commission. One shall be the head of the
administrative agency of such State charged with the conservation
of the fishery 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 such Legislature,
or in the absence of such designation, 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 in such manner as may be established by law. The third
shall be a citizen who shall have a knowledge of and interest in
the marine fisheries, 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 Gulf Coast. 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 these fisheries and their protection against
over-fishing, waste, depletion or any abuse whatsoever, and to
assure a continuing yield from the fishery resources of the
aforementioned States. To that end the commission shall draft and
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 Gulf seaboard.
The commission shall from time to time present to the Governor of
each compacting State its recommendations relating to enactments
to be presented to the Legislature of that State in furthering
the interest 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 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
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. 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 Gulf 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 salt water
fishermen and the salt water anglers and such other interests of
each State as the commissioners deem advisable may be established
by the commissioners from each State for the purpose of advising
those commissioners upon such recommendations as it may desire to
make.
ARTICLE VIII
When any State, other than those named specifically in Article II
of this compact, shall become a party hereto for the purpose of
conserving its anadromous fish or marine species in accordance
with the provisions of Article II, the participation of such
State in the action of the commission shall be limited to such
species of fish.
ARTICLE IX
Nothing in this compact shall be construed to limit the powers of
the proprietary interest of any signatory State, or to repeal or
prevent the enactment of any legislation or the enforcement of
any requirement by a signatory State, imposing additional
conditions and restrictions to conserve its fisheries.
ARTICLE X
It is agreed that any two or more States party hereto may further
amend this compact by acts of their respective Legislatures,
subject to approval of Congress as provided in Article I, Section
X, of the Constitution of the United States, to designate the
Gulf States Marine Fisheries Commission as a joint regulating
authority for the joint regulation of specific fisheries
affecting only such States as shall so compact, and at their
joint expense. The representatives of such States shall
constitute a separate section of the Gulf States Marine Fisheries
Commission for the exercise of the additional powers so granted,
but the creation of such section shall not be deemed to deprive
the States so compacting of any of their privileges or powers in
the Gulf States Marine Fisheries Commission as constituted under
the other Articles of this compact.
ARTICLE XI
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 XII
The operating expenses of the Gulf States Marine Fisheries
Commission shall be borne by the States party hereto. Such
initial appropriation as set forth below shall be made available
yearly until modified as hereinafter provided:
Florida
$3,500.00
Alabama
1,000.00
Mississippi
1,000.00
Louisiana
5,000.00
Texas
2,500.00
Total
$13,000.00
The proration and total cost per annum of Thirteen Thousand
($13,000.00) Dollars, above mentioned, is estimative only, for
initial operations, and may be changed when found necessary by
the commission and approved by the Legislatures of the respective
States. Each State party hereto agrees to provide in the manner
most acceptable to it, the travel costs and necessary expenses of
its commissioners and other representatives to and from meetings
of the commission or its duly constituted sections or committees.
ARTICLE XIII
This compact shall continue in force and remain binding upon each
compacting State until renounced by Act of the Legislature of
such State, in such form as it may choose; provided that such
renunciation shall not become effective until six months after
the effective date of the action taken by the Legislature. Notice
of such renunciation shall be given the other States party hereto
by the Secretary of State of compacting State so renouncing upon
passage of the Act.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 91.009. NOTICE OF MEETINGS. For informational purposes,
the department shall file with the secretary of state notice of
compact meetings for publication in the Texas Register.
Added by Acts 1985, 69th Leg., ch. 612, Sec. 2, eff. Sept. 1,
1985.