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16 U.S.C. § 5105 — State noncompliance with coastal fishery management plans

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5105 — 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 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.

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Stable record: federal_law:legal_authorities:record_usc_ca508bccb7eef02ec62faca1
Source file: Laws/federal/codes/united-states-code/title-16/section-5105-state-noncompliance-with-coastal-fishery-management-plans--fda2c53048.md
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Passage SHA-256: 365f12cf59906dc3e9a544fd3f7eb9d738eebf59d0e953c51de9ae1f894f9690

Source location: Title 16, Chapter 71, § 5105; chapter-071-atlantic-coastal-fisheries-cooperative-management.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5104 — State implementation of coastal fishery management plans

**(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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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5105 — State noncompliance with coastal fishery

Page 2530 TITLE 16—CONSERVATION § 5105 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 re- views to the Secretaries. (Pub. L. 103–206, title VIII, § 805, Dec. 20, 1993, 107 Stat. 2450.) § 5105. 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 5104 of this title. (b) Notification Upon making any determination under sub- section (a), the Commission shall within 10 working days notify the Secretaries of such de- termination. 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 pro- vide a copy of the notification to the affected State. (c) Withdrawal of noncompliance determination After making a determination under sub- section (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 Com- mission shall immediately withdraw its deter- mination of noncompliance. The Commission shall promptly notify the Secretaries of such withdrawal. (Pub. L. 103–206, title VIII, § 806, Dec. 20, 1993, 107 Stat. 2451.) § 5106. Secretarial action (a) Secretarial review of Commission determina- tion of noncompliance Within 30 days after receiving a notification

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