(a) In pursuance of Article III of the Compact authorized in § 1501 of this title, there shall be 3 members (hereinafter called Commissioners) of the Atlantic State Marine Fisheries Commission (hereinafter called Commission) from the State. The first Commissioner from the State shall be the Commissioner of Conservation of the State ex officio, and the term of any such ex officio Commissioner shall terminate at the time the ex officio Commissioner ceases to hold the office of Commissioner of Conservation and the successor as Commissioner shall be the successor as Commissioner of Conservation. The second Commissioner from the State shall be a legislator designated by said Commission on Interstate Cooperation, and the term of any such ex officio Commissioner shall terminate at the time the ex officio Commissioner ceases to hold said legislative office, and the successor as Commissioner shall be named in like manner. The Governor, (by and with the advice and consent of the Senate) shall appoint a citizen as a third Commissioner who has a knowledge of and interest in the marine fisheries problem. The term of such Commissioner shall be 3 years and such Commissioner shall hold office until a successor is appointed and qualified. Vacancies occurring in the office of such Commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term.

Terms Used In Delaware Code Title 7 Sec. 1502

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Ex officio: Literally, by virtue of one's office.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(b) The Commissioner of Conservation as ex officio Commissioner may delegate, from time to time, to any deputy or other subordinate in his or her department or office, the power to be present and participate, including voting as his or her representative or substitute at any meeting of or hearing by or other proceeding of the Commission.

(c) The terms of each of the initial 3 members shall begin at the date of the appointment of the appointive Commissioner, if the said Compact has then gone into effect in accordance with Article II of the Compact; otherwise they shall begin upon the date upon which the Compact becomes effective in accordance with said Article II.

(d) Any Commissioner may be removed from office by the Governor upon charges and after a hearing.

43 Del. Laws, c. 287, § ?2; 7 Del. C. 1953, § ?1502; 69 Del. Laws, c. 62, § ?1; 70 Del. Laws, c. 186, § ?1;