Table of Contents The contracting states solemnly agree:
Sec. 26-295. Compact for state membership in the Atlantic States Marine Fisheries Commission.
Sec. 26-296. Joint regulation of specific fisheries.
Sec. 26-297. Members.
Sec. 26-298. Powers.
Sec. 26-299. Powers to be additional.
Sec. 26-300. Appropriation for expenses.
Sec. 26-301. Accounts.
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.
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, Pennsylvania, 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.
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. The commission shall be a body
corporate with the powers and duties set forth herein.
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.
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.
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.
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.
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.
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.
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.
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 1938. Subsequent budgets shall be recommended by majority of the
commission and the cost thereof allocated equitably among the states in accordance
with the respective interests and submitted to the compacting states.
Schedule of Initial Annual States 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 |
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 thereto. Sec. 26-296. Joint regulation of specific fisheries. (a) The state of Connecticut
hereby enters into an amendment of the Atlantic States Marine Fisheries Compact with
any one or more of the states of Maine, New Hampshire, Massachusetts, Rhode Island,
New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina, Georgia and Florida or such other states as may become party to that
compact for the purpose of permitting the states that ratify this amendment to establish
joint regulation of specific fisheries common to those states through the Atlantic States
Marine Fisheries Commission and their representatives on that body. Notice of intention
to withdraw from this amendment shall be executed and transmitted by the Governor
and shall be in accordance with Article XII of the Atlantic States Marine Fisheries
Compact and shall be effective as to this state with those states which similarly ratify
this amendment. This amendment shall take effect as to this state with respect to such
other of the aforesaid states as take similar action. Sec. 26-297. Members. In pursuance of Article III of said compact there shall be
three members, hereinafter called commissioners, of the Atlantic States Marine Fisheries
Commission, hereinafter called commission, from the state of Connecticut. The first
commissioner from the state of Connecticut shall be the Commissioner of Environmental Protection, ex officio. The second commissioner from the state of Connecticut shall
be a legislator and a member of the Commission on Intergovernmental Cooperation of
the state of Connecticut, ex officio, designated by said commission, and the term of any
such ex-officio commissioner shall terminate at the time he ceases to hold said legislative
office or said office as commissioner on intergovernmental cooperation, and his successor as commissioner shall be named in like manner. The Governor shall appoint a citizen
as a third commissioner who shall have a knowledge of and interest in the marine fisheries problem. The term of said commissioner shall be three years and he shall hold office
until his successor is appointed and has qualified. Vacancies occurring in the office of
such commissioner from any reason or cause shall be filled by appointment by the
Governor for the unexpired term. The Commissioner of Environmental Protection as
ex-officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting
as his representative or substitute at any meeting of or hearing by or other proceeding
of the commission. Any commissioner may be removed from office by the Governor
upon charges and after a hearing. Sec. 26-298. Powers. Section 26-298 is repealed. Sec. 26-299. Powers to be additional. Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon
any of the powers vested in said commission by other laws of the state of Connecticut
or by the laws of the states of Maine, New Hampshire, Massachusetts, Rhode Island,
New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina, Georgia and Florida or by the Congress or the terms of said compact. Sec. 26-300. Appropriation for expenses. The Department of Environmental
Protection shall include in its budget the estimate of funds required by the Atlantic States
Marine Fisheries Commission, shall account for and disburse funds appropriated to its
use and shall include in its report a record of its activities.
(1949 Rev., S. 3559; Appendix F.)
See Sec. 2-71d re designation of executive director of legislative management committee as administrator of commission.
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(b) The states consenting to this amendment agree that any two or more of them
may designate the Atlantic States Marine Fisheries 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 Atlantic States Marine Fisheries Commission shall constitute a separate section of such 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 Atlantic
States Marine Fisheries Commission under the general compact.
(1951, S. 1954d, 1955d.)
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(1949 Rev., S. 3560; 1971, P.A. 872, S. 368.)
History: 1971 act replaced chairman of the state board of fisheries and game with commissioner of environmental
protection as first commissioner from state.
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(1949 Rev., S. 3561; 1971, P.A. 872, S. 152.)
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(1949 Rev., S. 3562.)
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(1949 Rev., S. 3564; P.A. 93-256, S. 1, 6.)
History: P.A. 93-256 transferred budgetary responsibility for funds required by the Atlantic States Marine Fisheries
Commission from the commission on intergovernmental cooperation to the department of environmental protection, effective July 1, 1993.
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