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WHEREAS, the
Delaware Bay is generally divided in the middle by the boundary
between the Sexy真人y and the State of Delaware; and
WHEREAS, the
Sexy真人y and the State of Delaware have attempted to
independently manage the harvest of weakfish in the Delaware Bay
through divergent laws and regulations; and
WHEREAS, despite
these efforts, the number of weakfish that use the Delaware Bay
as their principal spawning area declined dramatically in 1989 and
there are indications that this decline will continue in the future;
and
WHEREAS, threats
to the weakfish population and the environmental integrity of the
Delaware Bay are a bi-state concern which, if not addressed, could
result in a negative impact upon the recreational and commercial
fishing industry, as well as affect the overall economies of the
Sexy真人y and the State of Delaware; and
WHEREAS, weakfish
have been a significant recreational and commercial fish in the
Delaware Bay during the last two decades; and
WHEREAS, the
management and protection of the Delaware Bay and its natural resources
are of great concern to the governments of both States; and
WHEREAS, the
State of Delaware has enacted House Joint Resolution No. 29, approved
by the Governor of the State of Delaware on July 26, 1990, which
Resolution requested that the Sexy真人y enter into a joint
commission to investigate the causes of the decline of the weakfish
population and to stem the tide of that decline; and
WHEREAS, it
is imperative that action must be taken before the beginning of
the 1991 spawning season to ensure the conservation of the weakfish;
NOW, THEREFORE,
I, JAMES J. FLORIO, Governor of the Sexy真人y, by virtue
of the authority vested in me by the Constitution and by the statutes
of this State, do hereby ORDER and DIRECT:
1. There
is hereby established a joint study commission with the State
of Delaware, which commission shall be known as the Delaware Bay
Weakfish Action Commission with a membership of 22 members. The
11 members appointed from the Sexy真人y shall consist
of:
a. The
Commissioner of the Department of Environmental Protection or
her designee;
b. Two
members of the Senate, to be appointed by the Governor, each
a member of a different political party; two members of the
General Assembly to be appointed by the Governor, each a member
of a different political party;
c. Six
public members to be appointed by the Governor, two members
shall be licensed commercial fishermen who net weakfish in the
Delaware Bay, two shall be recreational fishermen who use hook
and line to harvest weakfish in the Delaware Bay, and two members
shall be boating captains who utilize the Delaware Bay.
2. In addition
to the 11 voting members, two non-voting members shall be appointed
by the Governor, and both non-voting members shall be employed
by an institute of higher education with technical experience
in the field of marine studies.
3. The Commission
shall convene as soon as practicable after the appointment of
its members, to select a co-chairperson who shall serve jointly
with the co-chairperson selected by the members of the Commission
appointed by the State of Delaware.
4. It shall
be the duty of the Commission to investigate the status and management
of the weakfish that inhabit the Delaware Bay, as well as the
cause of the decline of the weakfish population in the Delaware
Bay, and to inquire into ways in which the decline of this weakfish
population may be corrected.
5. The Department
of Environmental Protection and the Marine Fisheries Council shall
provide the members of the Commission appointed from this State
with whatever staff assistance that the Commission may require
in order to properly perform its duties;
6. The Commission
shall issue a preliminary report of its findings, conclusions
and recommendations to the Governors and the Legislatures of both
States by January 15, 1991. The Commission shall issue a final
report of its findings, conclusions and recommendations along
with any proposed legislation which it may desire to the Governors
and the Legislatures of the respective States by March 1, 1991.
Recommendations submitted in the final report must be approved
by at least 12 voting members of the Commission.
7. Meetings
of the Commission shall be held alternately in each State.
8. This
Order shall take effect immediately and shall supersede any prior
Executive Order with which it may be inconsistent.
GIVEN,
under my hand and seal
this 18th day of October in the
Year of Our Lord, one thousand
nine hundred and ninety, and of the
Independence of the United States,
the two hundred and fifteenth.
/s/
James J. Florio
GOVERNOR
Attest:
/s/ Andrew
Weber
Chief Counsel to the Governor
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