Section 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.