US Laws, Codes, Statutes & Cases

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 20
                       PACIFIC MARINE FISHERIES COMPACT
    36-2002.  FORM AND CONTENTS. The form and contents of such compact shall
be substantially as provided in this section, and the effect of its provisions
shall be interpreted and administered in conformity with the provisions of
this section:
                     The Pacific Marine Fisheries Compact
    The contracting states do hereby agree as follows:
                                  Article I
    The purposes of this compact are and shall be to promote the better
utilization of fisheries, marine, shell, and anadromous, which are of mutual
concern, and to develop a joint program of protection and prevention of
physical waste of such fisheries in all of those areas of the Pacific Ocean
and adjacent waters over which the compacting states jointly or separately now
have or may hereafter acquire jurisdiction.
    Nothing herein contained shall be construed so as to authorize the
compacting states or any of them to limit the production of fish or fish
products for the purpose of establishing or fixing the prices thereof or
creating and perpetuating a monopoly.
                                  Article II
    This agreement shall become operative immediately as to those states
executing it whenever two (2) or more of the compacting states have executed
it in the form that is in accordance with the laws of the executing states and
the Congress has given its consent.
                                 Article III
    Each state joining herein shall appoint, as determined by state statutes,
one (1) or more representatives to a commission hereby constituted and
designated as the Pacific Marine Fisheries Commission, of whom one (1) shall
be the administrative or other officer of the agency of such state charged
with the conservation of the fisheries resources to which this compact
pertains. This commission shall be invested with the powers and duties set
forth herein. The term of each commissioner of the Pacific Marine Fisheries
Commission shall be four (4) years. A commissioner shall hold office until his
successor shall be appointed and qualified, but such successor's term shall
expire four (4) years from legal date of expiration of the term of his
predecessor. Vacancies occurring in the office of such commissioner from any
reason or cause shall be filled for the unexpired term, or a commissioner may
be removed from office, as provided by the statutes of the state concerned.
Each commissioner may delegate in writing from time to time to a deputy 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.
    Voting powers under this compact shall be limited to one (1) vote for each
state regardless of the number of representatives.
                                  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,
in all of those areas of the Pacific Ocean over which the states signatory to
this compact jointly or separately now have or may hereafter acquire
jurisdiction. The commission shall have power to recommend the coordination of
the exercise of the police powers of the several states within their
respective jurisdictions and said conservation zones 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 signatory parties hereto.
    To that end the commission shall draft and, after consultation with the
advisory committee hereinafter authorized, recommend to the governors and
legislative branches of the various signatory states hereto legislation
dealing with the conservation of the marine, shell, and anadromous fisheries
in all of those areas of the Pacific Ocean over which the signatory states
jointly or separately now have or may hereafter acquire jurisdiction. The
commission shall, more than one (1) month prior to any regular meeting of the
legislative branch in any state signatory hereto, present to the governor of
such state its recommendations relating to enactments by the legislative
branch 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 signatory states with regard to problems connected with the
fisheries and recommend the adoption of such regulations as it deems advisable
and which lie within the jurisdiction of such agencies. The commission shall
have power to recommend to the states signatory hereto the stocking of the
waters of such states with marine, shell, or anadromous fish and fish eggs or
joint stocking by some or all of such states, and, when two (2) or more of the
said 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 (1) or more offices
for the transaction of its business, and may meet at any time or place within
the territorial limits of the signatory states, but must meet at least once a
year.
                                  Article VI
    No action shall be taken by the commission except by the affirmative vote
of a majority of the whole number of compacting states represented at any
meeting. No recommendation shall be made by the commission in regard to any
species of fish except by the vote of a majority of the compacting states
which have an interest in such species.
                                 Article VII
    The fisheries research agencies of the signatory states shall act in
collaboration as the official research agency of the Pacific Marine Fisheries
Commission.
    An advisory committee to be representative of the commercial fisherman,
commercial fishing industry, 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
    Nothing in this compact shall be construed to limit the powers of any
state or to repeal or prevent the enactment of any legislation or the
enforcement of any requirement by any state imposing additional conditions and
restrictions to conserve its fisheries.
                                  Article IX
    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 X
    The states agree to make available annual funds for the support of the
Commission on the following basis: Eighty percent (80%) of the annual budget
shall be shared equally by those member states having as a boundary the
Pacific Ocean; five percent (5%) of the annual budget shall be contributed by
any other member state; the balance of the annual budget shall be shared by
those member states, having as a boundary the Pacific Ocean, in proportion to
the primary market value of the products of their commercial fisheries on the
basis of the latest five (5) year catch records.
    The annual contribution of each member state shall be figured to the
nearest one hundred dollars ($100). This amended article shall become
effective upon its enactment by the states of Alaska, California, Idaho,
Oregon, and Washington and upon ratification by Congress by virtue of the
authority vested in it under Article I, Section 10, of the Constitution of the
United States.
                                  Article XI
    This compact shall continue in force and remain binding upon each state
until renounced by it. Renunciation of this compact must be preceded by
sending six (6) months' notice in writing of intention to withdraw from the
compact to the other parties hereto.
                                 Article XII
    The states of Alaska or Hawaii, or any state rivers and streams tributary
to the Pacific Ocean may become a contracting state by enactment of the
Pacific Marine Fisheries Compact. Upon admission of any new state to the
compact, the purposes of the compact and the duties of the commission shall
extend to the development of joint programs for the conservation, protection,
and prevention of physical waste of fisheries in which the contracting states
are mutually concerned and to all waters of the newly admitted state necessary
to develop such programs. This article shall become effective upon its
enactment by the states of California, Oregon and Washington, and upon
ratification by Congress by virtue of the authority vested in it under Article
I, Section 10, of the Constitution of the United States.