N.Y.
Environmental Conservation Law 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.
Source:
Section 13-0371 — Atlantic States Marine Fisheries Compact, https://www.nysenate.gov/legislation/laws/ENV/13-0371 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
