TITLE 7

Conservation

Game, Wildlife and Dogs

CHAPTER 15. Atlantic States Marine Fisheries Compact


The Governor of this State shall execute a Compact on behalf of this State with any 1 or more of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida and with such other states as may enter into the Compact, legally joining therein in the form substantially as follows:

43 Del. Laws, c. 287, § 1; 7 Del. C. 1953, § 1501; 70 Del. Laws, c. 186, § 1.;

(a) In pursuance of Article III of the Compact authorized in § 1501 of this title, there shall be 3 members (hereinafter called Commissioners) of the Atlantic State Marine Fisheries Commission (hereinafter called Commission) from the State. The first Commissioner from the State shall be the Commissioner of Conservation of the State ex officio, and the term of any such ex officio Commissioner shall terminate at the time the ex officio Commissioner ceases to hold the office of Commissioner of Conservation and the successor as Commissioner shall be the successor as Commissioner of Conservation. The second Commissioner from the State shall be a legislator designated by said Commission on Interstate Cooperation, and the term of any such ex officio Commissioner shall terminate at the time the ex officio Commissioner ceases to hold said legislative office, and the successor as Commissioner shall be named in like manner. The Governor, (by and with the advice and consent of the Senate) shall appoint a citizen as a third Commissioner who has a knowledge of and interest in the marine fisheries problem. The term of such Commissioner shall be 3 years and such Commissioner shall hold office until a successor is appointed and qualified. Vacancies occurring in the office of such Commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term.

(b) The Commissioner of Conservation as ex officio Commissioner may delegate, from time to time, to any deputy or other subordinate in his or her department or office, the power to be present and participate, including voting as his or her representative or substitute at any meeting of or hearing by or other proceeding of the Commission.

(c) The terms of each of the initial 3 members shall begin at the date of the appointment of the appointive Commissioner, if the said Compact has then gone into effect in accordance with Article II of the Compact; otherwise they shall begin upon the date upon which the Compact becomes effective in accordance with said Article II.

(d) Any Commissioner may be removed from office by the Governor upon charges and after a hearing.

43 Del. Laws, c. 287, § 2; 7 Del. C. 1953, § 1502; 69 Del. Laws, c. 62, § 1; 70 Del. Laws, c. 186, § 1.;

The Commission and the Commissioners thereof shall have all the powers provided for in the Compact and all the powers necessary or incidental to the carrying out of the Compact in every particular. All officers of the State shall do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the Compact in every particular; it being the policy of the State to perform and carry out the said Compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the state government or administration of the State shall, at convenient times and upon request of the Commission furnish the Commission with information and data possessed by them or any of them and aid said Commission by loan of personnel or other means lying within their legal rights respectively.

43 Del. Laws, c. 287, § 3; 7 Del. C. 1953, § 1503.;

Any powers 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 Delaware or by the laws of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida or by the Congress or the terms of the Compact.

43 Del. Laws, c. 287, § 4; 7 Del. C. 1953, § 1504.;

(a) The Commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the General Assembly of the State on or before December 10 in each year, setting forth in detail the transactions conducted by it during the 12 months preceding December 1 of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State necessary to carry out the intent and purposes of the Compact between the signatory states.

(b) The Auditor of Accounts of the State may, from time to time, examine the accounts and books of the Commission, including its receipts, disbursements and such other items referring to its financial standing as the Auditor deems proper and report the results of such examination to the Governor of the State.

43 Del. Laws, c. 287, § 5; 7 Del. C. 1953, § 1505.;