N.Y. Environmental Conservation Law § 13-0371: Atlantic States Marine Fisheries Compact

§ 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.