CCLME.ORG - FGC Division 11 (commencing with 14000)
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State
California
FGC Sec 14000-14105 (Div. 11) PACIFIC MARINE FISHERIES COMPACT

FISH AND GAME CODE
SECTION 14000-14105





14000. The Governor is hereby authorized and directed to execute a
compact on behalf of this state with any or all of the States of
Alaska, Idaho, Oregon and Washington for the purpose of cooperating
with those states in the formation of a Pacific States Marine
Fisheries Commission.



14001. The form and contents of the Pacific Marine Fisheries
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 division:

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 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 in the form that is in accordance with the laws
of the executing state and when the Congress has given its consent.

Article III

Each state joining herein shall appoint, as determined by state
statutes, one or more representatives to a commission hereby
constituted and designated as the Pacific States Marine Fisheries
Commission, of whom one 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 States Marine
Fisheries Commission shall be four years. A commissioner shall hold
office until his successor shall be appointed and qualified but such
successor's term shall expire four 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 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 states signatory to this compact jointly or
separately now have or may hereafter acquire jurisdiction. The
commission shall, more than one 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 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 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
States Marine Fisheries Commission.
An advisory committee to be representative of the commercial
fishermen, 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 of the annual budget shall be shared equally by
those member states having as a boundary the Pacific Ocean. Not less
than 5 percent 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-year catch
records.
The annual contribution of each member state shall be figured to
the nearest one hundred dollars ($100).

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 months' notice in writing of intention to
withdraw from the compact to the other parties hereto.

Article XII

Hawaii or any other state having rivers or 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 compact shall become effective upon its enactment by the
states signatory to this compact and upon ratification by Congress by
virtue of the authority vested in it under Article 1, Section 10, of
the Constitution of the United States.



14002. Participation by this State in this compact shall continue
until the Legislature otherwise provides by law. Notice of intention
to withdraw from such compact shall be executed and transmitted by
the Governor after the Legislature provides by law for discontinuance
of participation therein by this State.



14100. In furtherance of the provisions contained in the compact
there shall be three members of the Pacific States Marine Fisheries
Commission from the State of California, appointed by the Governor by
and with the advice and consent of the Senate. One such
commissioner shall be the administrative or other officer of the
department or agency of this state charged with the conservation of
its marine fisheries resources; another commissioner shall be a
Member of the Legislature of this state who is a member of a
committee on interstate cooperation of the said Legislature, and
another member shall be a citizen of this state who shall have wide
knowledge of and interest in the marine fisheries problem.



14101. The term of each commissioner shall be four years. A
commissioner shall hold office until his successor shall be appointed
and qualified but such successor's term shall expire four years from
the legal date of expiration of the term of his predecessor. Any
commissioner may be removed from office by the Governor upon charges
and after a hearing. The term of any commissioner who ceases to hold
the qualifications required shall terminate when a successor may be
duly appointed. Vacancies occurring in the office of a commissioner
from any reason or cause shall be filled for the unexpired term in
the same manner as for a full term appointment.



14102. Each commissioner who is not also a state officer shall
receive ten dollars ($10) for each day of actual service performed in
carrying out his official duties pursuant to the directions of the
commission, and each commissioner shall receive his actual and
necessary travel expenses incurred in the performance of his official
duties in behalf of the commission.



14103. All officers of the State are authorized and directed to do
all things falling within their respective provinces and jurisdiction
necessary or incidental to the carrying out of the compact in every
particular. The policy of this State is to perform and carry out the
compact and to accomplish the purposes thereof. All officers,
bureaus, departments and persons of and in the State Government or
administration of the State are hereby authorized and directed at
convenient times and upon request of the commission to furnish the
commission with information and data possessed by them and to aid the
commission by any means lying within their legal rights.



14104. The commission shall keep accurate accounts of its
activities and shall report to the Governor and the Legislature on or
before the thirty-first day of December in each year, setting forth
in detail the transactions conducted by it during that calendar year
and shall make recommendations for any legislative action deemed by
it advisable, including amendments to the statutes which may be
necessary to carry out the intent and purposes of the compact between
the signatory states.



14105. When the Governor on behalf of the State executes the
compact, he shall attach his signature thereto under a recital that
such compact is executed pursuant to the provisions thereof, subject
to the limitations and qualifications contained in the sections of
this division in aid and furtherance thereof.