TITLE 20
Fish and Wildlife
CHAPTER 20-8
Atlantic States Marine Fisheries Compact
SECTION 20-8-1
§ 20-8-1 Entry into compact authorized
Text.
The governor of this state is hereby authorized and directed to execute a
compact on behalf of the state of Rhode Island with any one or more of the
states of Maine, New Hampshire, Massachusetts, Connecticut, New York, New
Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia,
and Florida and with such other states as may enter into the compact, legally
joining 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 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 (3)
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 (1) 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 co-operation of such
state, or if there be none, or if said commission on interstate co-operation
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 such state in his or her
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 co-ordination 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 (1) 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
co-ordinating 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 co-operating
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
fishers 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
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 ($200) per annum and the annual contribution of
each state above the minimum shall be figured to the nearest one hundred
dollars ($100).
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 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 upon
each compacting state until renounced by it. Renunciation of this compact must
be preceded by sending six (6) months' notice in writing of intention to
withdraw from the compact to the other states party hereto.
History of Section.
(P.L. 1941, ch. 1021, § 1; G.L. 1956, § 20-8-1.)
