RCW 77.75.030
Pacific Marine Fisheries Compact -- Provisions.There exists between the states of Alaska, California, Idaho,
Oregon and Washington a definite compact and agreement as follows:
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 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 or more representatives to a commission hereby
constituted and designated as The Pacific 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 a body with the powers and duties set forth
herein.
The term of each commissioner of The Pacific 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 and adjacent waters over which the signatory states
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
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 five 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.
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 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 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 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.[1983 1st ex.s. c 46 § 151; 1969 ex.s. c 101 § 2; 1959
ex.s. c 7 § 1; 1955 c 12 § 75.40.030. Prior: 1949 c 112 § 82(1);
Rem. Supp. 1949 § 5780-703(1). Formerly RCW 75.40.030.]
NOTES:
Reviser's note: The 24th annual report (1971 p 40) of the
Pacific Marine Fisheries Compact commission indicates congressional
approval effective July 10, 1970, by P.L. 91-315, 91st congress; 84
Stat. 415.
Effective date -- 1969 ex.s. c 101: "The provisions of this
1969 amendatory act shall not take effect until such time as the
proposed amendment to The Pacific Marine Fisheries Compact
contained herein is approved by the congress of the United States."
[1969 ex.s. c 101 § 1.]