28.2-1000 - Atlantic States Marine Fisheries Compact.
§ 28.2-1000. Atlantic States Marine Fisheries Compact.
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, and 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. The 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 consideration of 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 provision 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 interest 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 II of this
compact shall become a party thereto for the purpose of conserving its
anadromous fish 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 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 appropriations 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 1938. Subsequent budgets shall be
recommended by a 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 STATE CONTRIBUTIONS
Maine .................. $ 700 Delaware ............ $ 200
New Hampshire ............ 200 Maryland ............. 700
Massachusetts ............ 2,300 Virginia ............. 1,300
Rhode Island ............. 300 North Carolina ....... 600
Connecticut .............. 400 South Carolina ....... 200
New York ................. 1,300 Georgia .............. 200
New Jersey ............... 800 Florida .............. 1,500
ARTICLE XII
Section 1. 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.
Section 2. Without further submission of said compact, the consent and
approval of Congress is hereby given to the states of Connecticut, North
Carolina, South Carolina, Georgia, and Florida, and for the purpose of the
better utilization of their anadromous fisheries, to the states of Vermont and
Pennsylvania, to enter into said compact as signatory states and as parties
thereto, in addition to the states which have now ratified the compact.
Section 3. The Atlantic States Marine Fisheries Commission constituted by the
compact shall make an annual report to Congress not later than sixty days
after the beginning of each regular session thereof. Such report shall set
forth the activities of the Commission during the calendar year ending
immediately prior to the beginning of such session.
Section 4. The right to alter, amend, or repeal the provision sections 1, 2
and 3 is hereby expressly reserved, provided that nothing in this compact
shall be construed to limit or add to 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.
AMENDMENT NUMBER 1
The states consenting to this amendment agree that any two or more of them may
designate the Atlantic States Marine Fisheries Commission as 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 Atlantic
States Marine Fisheries Commission shall constitute a separate section of such
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 Atlantic States Marine Fisheries Commission under the
general compact.
(Code 1950, §§ 28-254, 28-255; 1962, c. 406, § 28.1-202; 1992, c. 836.)