§ 5104. — State implementation of coastal fishery management plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5104]
TITLE 16--CONSERVATION
CHAPTER 71--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
Sec. 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) of this section 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.
(Pub. L. 103-206, title VIII, Sec. 805, Dec. 20, 1993, 107 Stat. 2450.)
Section Referred to in Other Sections
This section is referred to in sections 5105, 5106, 5157 of this
title.
