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USA Statutes : oregon
Title : TITLE 41 WILDLIFE
Chapter : Chapter 507 Compacts with Other States
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Congress, by
virtue of the authority vested in it under section 10, Article I, United
States Constitution, providing for compacts and agreements between
states, having ratified the recommendations of the conference committees
of the States of Oregon and Washington, appointed to agree on legislation
necessary for the regulation, preservation and protection of fish in the
waters of the Columbia River, over which said states have concurrent
jurisdiction, and other waters within either state which would be
affected by such concurrent interest, recommendations being as follows:
“We further recommend that a resolution be passed by the legislatures of
Washington and Oregon, whereby the ratification by Congress of the laws
of the States of Oregon and Washington shall act as a treaty between said
states, subject to modification only by joint agreement by said states;”
and the recommendation having been approved by resolution adopting the
report of the conference committee, there exists between the States of
Oregon and Washington a definite compact and agreement, the purport of
which is substantially as follows: All laws and regulations now existing,
or which may be necessary for regulating, protecting or preserving fish
in the waters of the Columbia River, over which the States of Oregon and
Washington have concurrent jurisdiction, or any other waters within
either of said states, which would affect the concurrent jurisdiction,
shall be made, changed, altered and amended in whole or in part, only
with the mutual consent and approbation of both states. The
waters over which the States of Oregon and Washington are deemed to have
concurrent jurisdiction comprise the waters of the Columbia River and its
tributaries, within the confines of the States of Oregon and Washington,
where such waters are state boundaries.(1) The State Fish and Wildlife Commission, on behalf
of the State of Oregon, may enter into an agreement with the constituted
authority of the State of Washington, to modify the existing agreement
with respect to fishing in the waters of the Columbia River and its
tributaries, within the confines of the States of Oregon and Washington,
where such waters are state boundaries between the States of Oregon and
Washington, as approved by the United States Congress on April 8, 1918.
(2) The commission, in entering into any agreement with the
constituted authority of the State of Washington, as provided in
subsection (1) of this section, may hold a hearing jointly with such
constituted authority of the State of Washington within the State of
Washington. However, any such joint meeting scheduled in either state
shall be held not more than 25 miles from an area of the Columbia River
where commercial fishing is permitted. [Amended by 1959 c.321 §1; 1965
c.570 §150; 1971 c.187 §2; 1975 c.545 §14; 1987 c.244 §1] A compact, in form as in
this section fully set forth, shall be in effect when one or both of the
States of California and Washington become parties thereto, and the
consent of Congress has been granted as required by section 10, Article
I, of the Constitution of the United States.
___________________________________________________________________________
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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 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 invested 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 a
successor shall be appointed and qualified but such successor’s term
shall expire four years from legal date of expiration of the term of the
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 the 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 over-fishing, 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 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 (80%) of the annual budget shall be shared equally
by those member States having as a boundary the Pacific Ocean; and five
percent (5%) of the annual budget shall be contributed by each 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 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.
The
State Fish and Wildlife Director, one legislator appointed as provided in
this section and one public member appointed by the Governor, shall act
as the representative of the State of Oregon on the Pacific Marine
Fisheries Commission in accordance with the provisions of and with the
powers and duties in the compact set forth in ORS 507.040. The
legislative member shall be appointed by the President of the Senate or
the Speaker of the House of Representatives from among those legislators
who, at the time of appointment, are serving on the Pacific States
Legislative Fishery Task Force. The legislative member shall serve for a
term of four years. For calendar year 1987, the Speaker of the House of
Representatives shall appoint the legislative member, and thereafter the
Speaker of the House of Representatives and the President of the Senate
shall alternate in making the appointment of the legislative member.
[Amended by 1961 c.192 §1; 1975 c.253 §29; 1987 c.436 §1]
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