NY Env Conserv L § 13-0371 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 3 - Marine Fisheries 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 ......................................................... $700New Hampshire .................................................. 200Massachusetts ................................................ 2,300Rhode Island ................................................... 300Connecticut .................................................... 400New York ..................................................... 1,300New Jersey ..................................................... 800Delaware ....................................................... 200Maryland ....................................................... 700Virginia ..................................................... 1,300North Carolina ................................................. 600South Carolina ................................................. 200Georgia ........................................................ 200Florida ...................................................... 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.