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16 U.S.C. § 5104 — State implementation of coastal fishery management plans
Federal law — U.S. Code and appendices · legal_authorities
**(a) Coastal fishery management plans**
(1) The Commission shall prepare and adopt coastal fishery management plans to provide for the conservation of coastal fishery resources. In preparing a coastal fishery management plan for a fishery that is located in both State waters and the exclusive economic zone, the Commission shall consult with appropriate Councils to determine areas where such coastal fishery management plan may complement Council fishery management plans. The coastal fishery management plan shall specify the requirements necessary for States to be in compliance with the plan. Upon adoption of a coastal fishery management plan, the Commission shall identify each State that is required to implement and enforce that plan.
(2) Within 1 year after December 20, 1993, the Commission shall establish standards and procedures to govern the preparation of coastal fishery management plans under this chapter, including standards and procedures to ensure that—
(A) such plans promote the conservation of fish stocks throughout their ranges and are based on the best scientific information available; and
(B) the Commission provides adequate opportunity for public participation in the plan preparation process, including at least four public hearings and procedures for the submission of written comments to the Commission.
**(b) State implementation and enforcement**
(1) Each State identified under subsection (a) with respect to a coastal fishery management plan shall implement and enforce the measures of such plan within the timeframe established in the plan.
(2) Within 90 days after December 20, 1993, the Commission shall establish a schedule of timeframes within which States shall implement and enforce the measures of coastal fishery management plans in existen
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Source file: Laws/federal/codes/united-states-code/title-16/section-5104-state-implementation-of-coastal-fishery-management-plans--55b166284b.md
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Source location: Title 16, Chapter 71, § 5104; chapter-071-atlantic-coastal-fisheries-cooperative-management.md
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**(a) Coastal fishery management plans**
(1) The Commission shall prepare and adopt coastal fishery management plans to provide for the conservation of coastal fishery resources. In preparing a coastal fishery management plan for a fishery that is located in both State waters and the exclusive economic zone, the Commission shall consult with appropriate Councils to determine areas where such coastal fishery management plan may complement Council fishery management plans. The coastal fishery management plan shall specify the requirements necessary for States to be in compliance with the plan. Upon adoption of a coastal fishery management plan, the Commission shall identify each State that is required to implement and enforce that plan.
(2) Within 1 year after December 20, 1993, the Commission shall establish standards and procedures to govern the preparation of coastal fishery management plans under this chapter, including standards and procedures to ensure that—
(A) such plans promote the conservation of fish stocks throughout their ranges and are based on the best scientific information available; and
(B) the Commission provides adequate opportunity for public participation in the plan preparation process, including at least four public hearings and procedures for the submission of written comments to the Commission.
**(b) State implementation and enforcement**
(1) Each State identified under subsection (a) with respect to a coastal fishery management plan shall implement and enforce the measures of such plan within the timeframe established in the plan.
(2) Within 90 days after December 20, 1993, the Commission shall establish a schedule of timeframes within which States shall implement and enforce the measures of coastal fishery management plans in existence before December 20, 1993. No such timeframe shall exceed 12 months after the date on which the schedule is adopted.
**(c) Commission monitoring of State implementation and enforcement** The Commission shall, at least annually, review each State’s implementation and enforcement of coastal fishery management plans for the purpose of determining whether such State is effectively implementing and enforcing each such plan. Upon completion of such reviews, the Commission shall report the results of the reviews to the Secretaries.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5104&num=0&edition=prelim).
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretarial review of Commission determination of noncompliance** Within 30 days after receiving a notification from the Commission under [section 5105(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5105/b&num=0&edition=prelim) and after review of the Commission’s determination of noncompliance, the Secretary shall make a finding on—
(1) whether the State in question has failed to carry out its responsibility under [section 5104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5104&num=0&edition=prelim); and
(2) if so, whether the measures that the State has failed to implement and enforce are necessary for the conservation of the fishery in question.
**(b) Consideration of comments** In making a finding under subsection (a), the Secretary shall—
(A) give careful consideration to the comments of the State that the Commission has determined under [section 5105(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5105/a&num=0&edition=prelim) is not in compliance with a coastal fishery management plan, and provide such State, upon request, with the opportunity to meet with and present its comments directly to the Secretary; and
(B) solicit and consider the comments of the Commission and the appropriate Councils.
**(c) Moratorium**
(1) Upon making a finding under subsection (a) that a State has failed to carry out its responsibility under [section 5104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5104&num=0&edition=prelim) and that the measures it failed to implement and enforce are necessary for conservation, the Secretary shall declare a moratorium on fishing in the fishery in question
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5106
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Federal law — U.S. Code and appendices · legal_authorities
Page 2529
TITLE 16—CONSERVATION
§ 5104
1996—Par. (1). Pub. L. 104–297 inserted ‘‘and’’ after
semicolon in subpar. (A), substituted ‘‘States.’’ for
‘‘States; and’’ in subpar. (B), and struck out subpar. (C)
which read as follows: ‘‘recommends actions to be
taken by the Secretary in the exclusive economic zone
to conserve and manage the fishery.’’
Executive Documents
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see
Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.
§ 5103. State-Federal cooperation in Atlantic
coastal fishery management
(a) Federal support for State coastal fisheries
programs
The Secretary in cooperation with the Sec-
retary of the Interior shall develop and imple-
ment a program to support the interstate fish-
ery management efforts of the Commission. The
program shall include activities to support and
enhance State cooperation in collection, man-
agement, and analysis of fishery data; law en-
forcement; habitat conservation; fishery re-
search, including biological and socioeconomic
research; and fishery management planning.
(b) Federal regulation in exclusive economic
zone
(1) In the absence of an approved and imple-
mented fishery management plan under the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), and
after consultation with the appropriate Coun-
cils, the Secretary may implement regulations
to govern fishing in the exclusive economic zone
that are—
(A) compatible with the effective implemen-
tation of a coastal fishery management plan;
and
(B) consistent with the national standards
set forth in section 301 of the Magnuson-Ste-
vens Fishery Conservation and Management
Act (16 U.S.C. 1851).
The regulations may includ
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5104
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