PARKS AND WILDLIFE CODE
TITLE 6. COMPACTS
CHAPTER 91. GULF STATES COMPACT
§ 91.001. MEMBERS OF COMMISSION. The three members of
the Gulf States Marine Fisheries Commission from the state
authorized under Article III of the Gulf States Marine Fisheries
Compact are:
(1) the executive director of the department;
(2) a legislator appointed jointly by the lieutenant
governor and speaker of the house of representatives; and
(3) a citizen with a knowledge of the marine fisheries
problems appointed by the governor with the advice and consent of
the senate.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 91.002. TERMS OF COMMISSION MEMBERS. (a) The
executive director of the department shall serve on the Gulf States
Marine Fisheries Commission in an ex-officio capacity, and his term
expires when he ceases to hold the office of executive director of
the department. His successor as a member of the Gulf States Marine
Fisheries Commission is his successor as executive director of the
department.
(b) The legislator appointed as a member of the Gulf States
Marine Fisheries Commission shall serve in an ex-officio capacity,
and his term expires at the time he ceases to hold his legislative
office. His successor as a member of the Gulf States Marine
Fisheries Commission shall be appointed as provided by Section
91.001(2) of this code.
(c) The citizen appointed as a member of the Gulf States
Marine Fisheries Commission shall serve a term of three years or
until his successor has been appointed and has qualified. A vacancy
in this position shall be filled for the unexpired term by
appointment by the governor with the advice and consent of the
senate.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 91.003. DELEGATE OF COMMISSIONER. The executive
director of the department as ex-officio member of the Gulf States
Marine Fisheries Commission may delegate to an authorized employee
of the department the power to be present and participate,
including the right to vote for the executive director, at any
meeting, hearing, or proceeding of the Gulf States Marine Fisheries
Commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 91.004. POWERS AND DUTIES. All the powers provided
for in the compact and all the powers necessary or incidental to the
carrying out of the compact are granted to the Gulf States Marine
Fisheries Commission and members of the commission. These powers
are in aid of and supplemental to but not a limitation on the powers
vested in the Gulf States Marine Fisheries Commission by other laws
of this state or by the terms of the compact.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 91.005. COOPERATION OF STATE AGENCIES. (a) All
officers of the state shall do all things falling within their
respective jurisdictions necessary or incidental to the carrying
out of the compact.
(b) All officers, bureaus, departments, and persons in
state government shall furnish the Gulf States Marine Fisheries
Commission information and data requested by the commission and aid
the commission by loan of personnel or other means lying within
their legal rights.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 91.006. REPORTS. The Gulf States Marine Fisheries
Commission shall keep accurate accounts of receipts and
disbursements and shall submit on or before February 10 of each year
a report to the governor and legislature of the state containing:
(1) a detailed description of the transactions
conducted by the commission during the preceding calendar year;
(2) recommendations for any legislative action
considered advisable or necessary to carry out the intent and
purposes of the compact.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 91.007. AUDITOR. The accounts and books of the Gulf
States Marine Fisheries Commission, including receipts,
disbursements, and other items relating to its financial standing
are subject to audit by the state auditor in accordance with Chapter
321, Government Code. The auditor shall report the results of the
examination to the governor of each state that is a party to the
compact.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1989, 71st Leg., ch. 584, § 91, eff. Sept. 1,
1989.
§ 91.008. TEXT OF COMPACT. The Gulf States Marine
Fisheries Compact reads as follows:
GULF STATES MARINE FISHERIES COMPACT
The contracting states solemnly agree:
ARTICLE I
Whereas the Gulf Coast States have the proprietary interest
in and jurisdiction over fisheries in the waters within their
respective boundaries, it is the purpose of this compact to promote
the better utilization of the fisheries, marine, shell and
anadromous, of the seaboard of the Gulf of Mexico, by the
development of a joint program for the promotion and protection of
such fisheries and the prevention of the physical waste of the
fisheries from any cause.
ARTICLE II
This compact shall become operative immediately as to those
states ratifying it whenever any two or more of the states of
Florida, Alabama, Mississippi, Louisiana and Texas have ratified it
and the Congress has given its consent, pursuant to Article I,
Section 10 of the Constitution of the United States. Any state
contiguous to any of the aforementioned states or riparian upon
waters which flow into waters under the jurisdiction of any of the
aforementioned States and which are frequented by anadromous fish
or marine species, may become a party hereto as hereinafter
provided.
ARTICLE III
Each state joining herein shall appoint three
representatives to a commission hereby constituted and designated
as the Gulf States Marine Fisheries Commission. One shall be the
head of the administrative agency of such State charged with the
conservation of the fishery resources to which this compact
pertains; or, if there be more than one officer or agency, the
official of that State named by the Governor thereof. The second
shall be a member of the Legislature of such State designated by
such Legislature, or in the absence of such designation, such
legislator shall be designated by the Governor thereof; provided
that if it is constitutionally impossible to appoint a legislator
as a commissioner from such State, the second member shall be
appointed in such manner as may be established by law. The third
shall be a citizen who shall have a knowledge of and interest in the
marine fisheries, to be appointed by the Governor. This commission
shall be a body corporate with the powers and duties set forth
herein.
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, of the Gulf Coast.
The commission shall have power to recommend the coordination of
the exercise of the police powers of the several States within their
respective jurisdictions to promote the preservation of these
fisheries and their protection against over-fishing, waste,
depletion or any abuse whatsoever, and to assure a continuing yield
from the fishery resources of the aforementioned States. To that
end the commission shall draft and recommend to the Governors and
Legislatures of the various signatory States, legislation dealing
with the conservation of the marine, shell and anadromous fisheries
of the Gulf seaboard. The commission shall from time to time
present to the Governor of each compacting State its
recommendations relating to enactments to be presented to the
Legislature of that State in furthering the interest and purposes
of this compact. The commission shall consult with and advise the
pertinent administrative agencies in the States party hereto with
regard to problems connected with the fisheries, and recommend the
adoption of such regulations as it deems advisable. The commission
shall have power to recommend to the States party hereto the
stocking of the waters of such States with fish and fish eggs or
joint stocking by some or all of the States party hereto, and when
two or more 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
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; but
must meet at least once a year.
ARTICLE VI
No action shall be taken by the commission in regard to its
general affairs except by the affirmative vote of a majority of the
whole number of compacting States. No recommendation shall be made
by the commission in regard to any species of fish except by the
affirmative vote of a majority of the compacting States which have
an interest in such species. The commission shall define what shall
be an interest.
ARTICLE VII
The Fish and Wildlife Service of the Department of the
Interior of the Government of the United States shall act as the
primary research agency of the Gulf States Marine Fisheries
Commission, cooperating with the research agencies in each State
for that purpose. Representatives of the said Fish and Wildlife
Service shall attend the meetings of the commission. An advisory
committee to be representative of the commercial salt water
fishermen and the salt water anglers and such other interests of
each State as the commissioners deem advisable may be established
by the commissioners from each State for the purpose of advising
those commissioners upon such recommendations as it may desire to
make.
ARTICLE VIII
When any State, other than those named specifically in
Article II of this compact, shall become a party hereto for the
purpose of conserving its anadromous fish or marine species in
accordance with the provisions of Article II, the participation of
such State in the action of the commission shall be limited to such
species of fish.
ARTICLE IX
Nothing in this compact shall be construed to limit the
powers of the proprietary interest of any signatory State, or to
repeal or prevent the enactment of any legislation or the
enforcement of any requirement by a signatory State, imposing
additional conditions and restrictions to conserve its fisheries.
ARTICLE X
It is agreed that any two or more States party hereto may
further amend this compact by acts of their respective
Legislatures, subject to approval of Congress as provided in
Article I, Section X, of the Constitution of the United States, to
designate the Gulf States Marine Fisheries Commission as a joint
regulating authority for the joint regulation of specific fisheries
affecting only such States as shall so compact, and at their joint
expense. The representatives of such States shall constitute a
separate section of the Gulf States Marine Fisheries Commission for
the exercise of the additional powers so granted, but the creation
of such section shall not be deemed to deprive the States so
compacting of any of their privileges or powers in the Gulf States
Marine Fisheries Commission as constituted under the other Articles
of this compact.
ARTICLE XI
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 XII
The operating expenses of the Gulf States Marine Fisheries
Commission shall be borne by the States party hereto. Such initial
appropriation as set forth below shall be made available yearly
until modified as hereinafter provided:Florida $3,500.00
Alabama 1,000.00
Mississippi 1,000.00
Louisiana 5,000.00
Texas 2,500.00
Total $13,000.00
The proration and total cost per annum of Thirteen Thousand
($13,000.00) Dollars, above mentioned, is estimative only, for
initial operations, and may be changed when found necessary by the
commission and approved by the Legislatures of the respective
States. Each State party hereto agrees to provide in the manner
most acceptable to it, the travel costs and necessary expenses of
its commissioners and other representatives to and from meetings of
the commission or its duly constituted sections or committees.
ARTICLE XIII
This compact shall continue in force and remain binding upon
each compacting State until renounced by Act of the Legislature of
such State, in such form as it may choose; provided that such
renunciation shall not become effective until six months after the
effective date of the action taken by the Legislature. Notice of
such renunciation shall be given the other States party hereto by
the Secretary of State of compacting State so renouncing upon
passage of the Act.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 91.009. NOTICE OF MEETINGS. For informational
purposes, the department shall file with the secretary of state
notice of compact meetings for publication in the Texas Register.
Added by Acts 1985, 69th Leg., ch. 612, § 2, eff. Sept. 1, 1985.
