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Title 16 — Conservation

Chapter 71 — Atlantic Coastal Fisheries Cooperative Management

§ 5105. State noncompliance with coastal fishery management plans

Statutory text

(a)

Noncompliance determination

The Commission shall determine that a State is not in compliance with the provisions of a coastal fishery management plan if it finds that the State has not implemented and enforced such plan within the timeframes established under the plan or under section 5104 of this title.

(b)

Notification

Upon making any determination under subsection (a), the Commission shall within 10 working days notify the Secretaries of such determination. Such notification shall include the reasons for making the determination and an explicit list of actions that the affected State must take to comply with the coastal fishery management plan. The Commission shall provide a copy of the notification to the affected State.

(c)

Withdrawal of noncompliance determination

After making a determination under subsection (a), the Commission shall continue to monitor State implementation and enforcement. Upon finding that a State has complied with the actions required under subsection (b), the Commission shall immediately withdraw its determination of noncompliance. The Commission shall promptly notify the Secretaries of such withdrawal.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Atlantic Coastal Fisheries Cooperative Management Act

    Pub. L. 103–206 title VIII § 806 · 107 Stat. 2419

    Enacted · 16 U.S.C. § 5105

    (Pub. L. 103–206, title VIII, § 806, Dec. 20, 1993, 107 Stat. 2451.)

    Source evidence

    Code source credit
    (Pub. L. 103–206, title VIII, § 806, Dec. 20, 1993, 107 Stat. 2451.)

    Enacted provision · exact public law section
    SEC. 806. STATE NONCOMPLIANCE WITH COASTAL FISHERY MANAGEMENT PLANS. (a) Noncompliance Determination.— The Commission shall determine that a State is not in compliance with the provisions of a coastal fishery management plan if it finds that the State has not implemented and enforced such plan within the timeframes established under the plan or under section 805. (b) Notification.— Upon making any determination under subsection (a), the Commission shall within 10 working days notify the Secretaries of such determination. Such notification shall include the reasons for making the determination and an explicit list of actions that the affected State must take to comply with the coastal fishery management plan. The Commission shall provide a copy of the notification to the affected State. (c) Withdrawal of Noncompliance Determination.— After making a determination under subsection (a), the Commission shall continue to monitor State implementation and enforcement. Upon finding that a State has complied with the actions required under subsection (b), the Commission shall immediately withdraw its determination of noncompliance. The Commission shall promptly notify the Secretaries of such withdrawal.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 103–206, title VIII, § 806, , 107 Stat. 2451.)

Parsed from the official OLRC USLM XML in data/usc_all/usc16.xml · release point 119-108 · OLRC build 2026-07-16

USLM identifier /us/usc/t16/s5105