§ 5105. — State noncompliance with 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: 16USC5105]
TITLE 16--CONSERVATION
CHAPTER 71--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
Sec. 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 subsection (a) of this section,
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) of this section,
the Commission shall continue to monitor State implementation and
enforcement. Upon finding that a State has complied with the actions
required under subsection (b) of this section, the Commission shall
immediately withdraw its determination of noncompliance. The Commission
shall promptly notify the Secretaries of such withdrawal.
(Pub. L. 103-206, title VIII, Sec. 806, Dec. 20, 1993, 107 Stat. 2451.)
Section Referred to in Other Sections
This section is referred to in section 5106 of this title.
