§ 113-252. Atlantic States Marine Fisheries Compact and Commission.

§ 113‑252.  Atlantic States Marine FisheriesCompact and Commission.

The Governor of this State is hereby authorized and directed to executea compact on behalf of the State of North Carolina with any one or more of thestates of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, NewYork, New Jersey, Delaware, Maryland, Virginia, South Carolina, Georgia, andFlorida and with such other states as may enter into the compact, legallyjoining therein in the form substantially as follows:

ATLANTIC STATES MARINEFISHERIES COMPACT

The contracting states solemnly agree:

Article I

The purpose of this Compact is to promote the better utilization of thefisheries, marine, shell and anadromous, of the Atlantic seaboard by thedevelopment of a joint program for the promotion and protection of suchfisheries, and by the prevention of the physical waste of the fisheries fromany cause. It is not the purpose of this Compact to authorize the statesjoining herein to limit the production of fish or fish products for the purposeof establishing or fixing the price thereof, or creating and perpetuatingmonopoly.

Article II

This agreement shall become operative immediately as to those statesexecuting it whenever any two or more of the states of Maine, New Hampshire,Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware,Maryland, Virginia, South Carolina, North Carolina, Georgia and Florida haveexecuted it in the form that is in accordance with the laws of the executingstate and the Congress has given its consent. Any state contiguous with any ofthe aforementioned states and riparian upon waters frequented by anadromousfish, flowing into waters under the jurisdiction of any of the aforementionedstates, may become a party hereto as hereinafter provided.

Article III

Each state joining herein shall appoint three representatives to acommission hereby constituted and designated as the Atlantic States MarineFisheries Commission. One shall be the executive officer of the administrativeagency of the state charged with the conservation of the fisheries resources towhich this compact pertains. The second shall be a member of the legislatureappointed by the Governor. The third shall be a citizen who has knowledge ofand interest in marine fisheries issues, appointed by the Governor. ThisCommission shall be a body corporate, with the powers and duties set forthherein.

Article IV

The duty of the said Commission shall be to make inquiry and ascertainfrom time to time such methods, practices, circumstances and conditions as maybe disclosed for bringing about the conservation and the prevention of thedepletion and physical waste of the fisheries, marine, shell and anadromous, ofthe Atlantic seaboard. The Commission shall have power to recommend thecoordination of the exercise of the police powers of the several states withintheir respective jurisdictions to promote the preservation of those fisheriesand their protection against overfishing, waste, depletion or any abusewhatsoever and to assure a continuing yield from the fisheries resources of theaforementioned states.

To that end the Commission shall draft and, after consultation with theadvisory committee hereinafter authorized, recommend to the governors andlegislatures of the various signatory states legislation dealing with theconservation of the marine, shell and anadromous fisheries of the Atlanticseaboard. The Commission shall more than one month prior to any regular meetingof the legislature in any signatory state, present to the governor of the stateits recommendations relating to enactments to be made by the legislature ofthat state in furthering the intents and purposes of this Compact.

The Commission shall consult with and advise the pertinentadministrative agencies in the states party hereto with regard to problemsconnected with the fisheries and recommend the adoption of such regulations asit deems advisable.

The Commission shall have power to recommend to the states party heretothe stocking of the waters of such states with fish and fish eggs, or jointstocking by some or all of the states party hereto, and when two or more of thestates shall jointly stock waters the Commission shall act as the coordinatingagency for such stocking.

Article V

The Commission shall elect from its number a chairman and a vice‑chairmanand shall appoint and at its pleasure remove or discharge such officers andemployees as may be required to carry the provisions of this Compact intoeffect, and shall fix and determine their duties, qualifications andcompensation. Said Commission shall adopt rules and regulations for the conductof its business. It may establish and maintain one or more offices for thetransaction of its business and may meet at any time or place but must meet atleast once a year.

Article VI

No action shall be taken by the Commission in regard to its generalaffairs except by the affirmative vote of a majority of the whole number ofcompacting states present at any meeting. No recommendation shall be made bythe Commission in regard to any species of fish except by the affirmative voteof 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 thegovernment of the United States shall act as the primary research agency of theAtlantic States Marine Fisheries Commission, cooperating with the researchagencies in each state for that purpose. Representatives of the said Fish andWildlife Service shall attend the meetings of the Commission.

An advisory committee to be representative of the commercial fishermenand the saltwater anglers and such other interests of each state as theCommission deems advisable shall be established by the Commission as soon aspracticable for the purpose of advising the Commission upon suchrecommendations as it may desire to make.

Article VIII

When any state other than those named specifically in Article II ofthis Compact shall become a party thereto for the purpose of conserving itsanadromous fish in accordance with the provisions of Article II theparticipation of such state in the action of the Commission shall be limited tosuch species of anadromous fish.

Article IX

Nothing in this Compact shall be construed to limit the powers of anysignatory state or to repeal or prevent the enactment of any legislation or theenforcement of any requirement by any signatory state imposing additionalconditions and restrictions to conserve its fisheries.

Article X

Continued absence of representation or of any representative on theCommission from any state party hereto shall be brought to the attention of thegovernor thereof.

Article XI

The states party hereto agree to make annual appropriations to thesupport of the Commission in proportion to the primary market value of theproducts of their fisheries, exclusive of cod and haddock, as recorded in themost recently published reports of the Fish and Wildlife Service of the UnitedStates Department of the Interior, provided no state shall contribute less thantwo hundred dollars ($200.00) per annum and the annual contribution of eachstate above the minimum shall be figured to the nearest one hundred dollars($100.00).

The compacting states agree to appropriate initially the annual amountsscheduled below, which amounts are calculated in the manner set forth herein,on the basis of the catch record of 1938. Subsequent budgets shall berecommended by a majority of the Commission and the cost thereof allocatedequitably among the states in accordance with their respective interests andsubmitted to the compacting states.

Schedule of InitialAnnual 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 eachcompacting state until renounced by it. Renunciation of this Compact must bepreceded by sending six months' notice in writing of intention to withdraw fromthe Compact to the other states party hereto. (1949, c. 1086, s. 1; 1965, c. 957, s. 18; 2003‑92, s. 3.)