CHAPTER 91. GULF STATES COMPACT

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PARKS AND WILDLIFE CODE

TITLE 6. COMPACTS

CHAPTER 91. GULF STATES COMPACT

Sec. 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, Sec. 1, eff. Sept. 1,

1975.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1975.

Sec. 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, Sec. 1, eff. Sept. 1,

1975.

Sec. 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, Sec. 1, eff. Sept. 1,

1975.

Sec. 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, Sec. 1, eff. Sept. 1,

1975.

Sec. 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, Sec. 1, eff. Sept. 1,

1975.

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 91, eff.

Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1,

1975.

Sec. 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, Sec. 2, eff. Sept. 1,

1985.

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