Atlantic States Marine Fisheries Compact

Atlantic States Marine Fisheries Compact
Name	Atlantic States Marine Fisheries Compact
Formation	1942
Type	Interstate compact
Jurisdiction	Atlantic Coast of the United States
Headquarters	Washington, D.C.

Atlantic States Marine Fisheries Compact is an interstate compact enacted to coordinate marine fishery conservation and management along the Atlantic seaboard of the United States. It created a regional body to harmonize state action on fishery resources, facilitate science-based regulation, and adjudicate disputes among member jurisdictions. The Compact has influenced fisheries policy, resource allocation, and coastal management across multiple administrations and legislative frameworks.

History

The Compact was adopted during World War II amid concerns over resource depletion and wartime production, following precedents set by the Interstate Commerce Commission, Mississippi River Commission, Colorado River Compact, and discussions in the United States Congress. Early advocates included legislators from Delaware, New Jersey, Maryland, and Virginia who worked with officials from the United States Fish and Wildlife Service and the Bureau of Fisheries. Postwar marine science advances at institutions like Woods Hole Oceanographic Institution, Scripps Institution of Oceanography, Rutgers University, and University of Delaware informed amendments and protocols during the 1950s and 1960s. Landmark legal frameworks such as the Magnuson-Stevens Fishery Conservation and Management Act and decisions by the Supreme Court of the United States shaped the Compact's interpretation in subsequent decades. The Compact adapted to environmental movements exemplified by Earth Day and regulatory reforms under administrations including Richard Nixon, Jimmy Carter, and Bill Clinton.

Structure and Membership

The Compact established a commission composed of commissioners appointed by each signatory state, modeled on interstate bodies like the Port Authority of New York and New Jersey and the Interstate Commission on the Potomac River Basin. Member jurisdictions along the Atlantic coast include Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida. Observers have included federal agencies such as the National Marine Fisheries Service, the National Oceanic and Atmospheric Administration, and representatives from tribal authorities like the Wampanoag and Piscataway. The commission's officers and committees mirror governance structures used by the Federal Energy Regulatory Commission and the North Atlantic Treaty Organization, with standing committees for science, enforcement, and legal affairs.

Powers and Responsibilities

Under state-enacted legislation consistent with the Compact, the commission conducts scientific assessments, recommends regulatory measures, and resolves interstate disputes over allocation and conservation. Its authority intersects with federal statutes including the Endangered Species Act and the National Environmental Policy Act, and it collaborates with bodies such as the Atlantic States Marine Fisheries Commission and regional councils like the Mid-Atlantic Fishery Management Council and the New England Fishery Management Council. Enforcement coordination has involved partnerships with the United States Coast Guard and state marine patrols from Massachusetts Bay, Chesapeake Bay, and Long Island Sound. The commission advises governors and state legislatures and can promulgate model measures that states incorporate into statutes similar to how the Uniform Commercial Code provides model law.

Interstate Fishery Management Plans

The Compact enabled development of Interstate Fishery Management Plans (IFMPs) for species including Atlantic striped bass, American shad, Atlantic menhaden, summer flounder, bluefish, and Atlantic sturgeon. These plans parallel federal management plans under the Magnuson-Stevens Act and coordinate with science from institutions like State University of New York, University of Rhode Island, and NOAA Fisheries laboratories. IFMPs address stock assessments, harvest limits, bycatch reduction, habitat protection in places like Delaware Bay and Cape Cod Bay, and monitoring protocols similar to protocols used in the Gulf of Mexico Fishery Management Council. Stakeholder processes draw participants from commercial organizations such as the New England Fisheries Management Council, recreational groups like the Coastal Conservation Association, aquaculture interests in Hampton Roads, and conservation NGOs including The Nature Conservancy, World Wildlife Fund, and Ocean Conservancy.

Funding and Administration

Funding for the commission combines state dues, federal grants administered under programs from the National Oceanic and Atmospheric Administration, cooperative agreements with universities such as University of Maryland, and project-specific support from foundations like the Packard Foundation and the Kresge Foundation. Administrative models reflect practices from interstate compacts such as the Port Authority and the Susquehanna River Basin Commission, with staffing comprising executive directors, scientific staff, counsel, and compliance officers. The commission has entered contracts with laboratories at Rutgers Cooperative Extension and procurement frameworks similar to those used by the General Services Administration.

Controversies and Legal Challenges

The Compact and its plans have faced disputes concerning allocation between states, sovereign rights of tribal nations, and conflicts with federal prerogatives under cases litigated in the United States Court of Appeals for the District of Columbia Circuit and petitions to the Supreme Court of the United States. Contentious issues included management of Atlantic menhaden with industrial purse seine fleets represented by entities like Omega Protein Corporation and advocacy by environmental litigants such as Natural Resources Defense Council and Pew Charitable Trusts. Legal challenges invoked precedents from Gibbons v. Ogden and debates over interstate compacts reviewed under the Compact Clause of the United States Constitution. Scientific controversies involved stock assessment methodologies from groups like the Marine Recreational Information Program and disputes over habitat protections in Cape Hatteras National Seashore and Montauk. Congressional oversight hearings by committees such as the United States House Committee on Natural Resources and the United States Senate Committee on Commerce, Science, and Transportation have scrutinized the Compact's performance and interstate coordination.

Category:Interstate compacts of the United States