7101 - Execution and form of compact. - Pennsylvania Statutes

PART IV MISCELLANEOUS PROVISIONS Chapter 71. Atlantic States Marine Fisheries Compact 73. Shad Fishing in Delaware River and Bay Enactment. Part IV was added October 16, 1980, P.L.996, No.175, effective in 90 days. CHAPTER 71 ATLANTIC STATES MARINE FISHERIES COMPACT Sec. 7101. Execution and form of compact. 7102. Members of commission from Pennsylvania. 7103. Powers and duties of commission and Commonwealth agencies. 7104. Powers granted commission supplemental to other powers. 7105. Accounts and reports of commission. 7106. Amendment to compact. Enactment. Chapter 71 was added October 16, 1980, P.L.996, No.175, effective in 90 days. § 7101. Execution and form of compact. The Governor of this Commonwealth is authorized and directed to execute a compact on behalf of the Commonwealth of Pennsylvania with any one or more of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, 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 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 duties 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 employes 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 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 $200 per annum, and the annual contribution of each state above the minimum shall be figured to the nearest 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 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.