§ 5153. — Monitoring of implementation and enforcement by coastal States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5153]
TITLE 16--CONSERVATION
CHAPTER 71A--ATLANTIC STRIPED BASS CONSERVATION
Sec. 5153. Monitoring of implementation and enforcement by
coastal States
(a) Determination
During December of each fiscal year, and at any other time it deems
necessary the Commission shall determine--
(1) whether each coastal State has adopted all regulatory
measures necessary to fully implement the Plan in its coastal
waters; and
(2) whether the enforcement of the Plan by each coastal State is
satisfactory.
(b) Satisfactory State enforcement
For purposes of subsection (a)(2) of this section, enforcement by a
coastal State shall not be considered satisfactory by the Commission if,
in its view, the enforcement is being carried out in such a manner that
the implementation of the Plan within the coastal waters of the State is
being, or will likely be, substantially and adversely affected.
(c) Notification of Secretaries
The Commission shall immediately notify the Secretaries of each
negative determination made by it under subsection (a) of this section.
(Pub. L. 98-613, Sec. 4, Oct. 31, 1984, 98 Stat. 3188; Pub. L. 99-432,
Sec. 2, Oct. 1, 1986, 100 Stat. 989; Pub. L. 100-589, Sec. 4, Nov. 3,
1988, 102 Stat. 2984; Pub. L. 105-146, Sec. 2, Dec. 16, 1997, 111 Stat.
2674.)
Amendments
1997--Pub. L. 105-146 amended section catchline and text generally,
substituting provisions relating to monitoring of implementation and
enforcement by coastal States for somewhat similar provisions, including
Secretarial action upon notification.
1988--Subsec. (a)(1). Pub. L. 100-589 inserted ``and at any other
time it deems necessary,'' after ``thereafter,'' in introductory
provisions.
1986--Subsec. (a). Pub. L. 99-432, Sec. 2(b), amended heading and
text of subsec. (a) generally. Prior to amendment, text read as follows:
``Commencing on July 1, 1985, the Commission shall monitor on a biannual
basis the enforcement of the Plan by each coastal State for purposes of
deciding if that enforcement is satisfactory. Enforcement by a coastal
State may not be considered satisfactory by the Commission if, in its
view, the enforcement is being carried out in such a manner that the
implementation of the Plan within its coastal waters is being, or will
likely be, substantially and adversely affected.''
Pub. L. 99-432, Sec. 2(a), redesignated subsec. (b) as (a) and
struck out heading and text of former subsec. (a). Prior to amendment,
text read as follows: ``The Commission shall decide during June 1985
whether each coastal state has adopted all regulatory measures necessary
to fully implement the Plan in its coastal waters. The Commission shall
immediately notify the Secretaries of each negative determination made
by it under the preceding sentence.''
Subsec. (b). Pub. L. 99-432, Sec. 2(c), amended heading and text of
subsec. (b) generally. Prior to amendment, text read as follows:
``Immediately upon receiving notice from the Commission--
``(1) under subsection (a) of this section that a coastal State
has not taken the actions described in that subsection; or
``(2) under subsection (c) of this section that the enforcement
of the Plan by a coastal State is not satisfactory;
the Secretary shall determine, within 30 days, whether that coastal
State is in compliance with the Plan and, if the State is not in
compliance, the Secretary shall declare a moratorium on fishing for
Atlantic striped bass within the coastal waters of that coastal State.
In making such a determination, the Secretary shall carefully consider
and review the comments of the Commission, that coastal State in
question, and the Secretary of the Interior.''
Pub. L. 99-432, Sec. 2(a), redesignated subsec. (d) as (b). Former
subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 99-432, Sec. 2(a), struck out heading and text
of subsec. (c). Prior to amendment, text read as follows: ``On December
30, 1985, and on the closing date of each biannual period thereafter,
the Commission shall notify the Secretaries of the results of the
monitoring under subsection (b) of this section of each coastal State.''
Subsec. (d). Pub. L. 99-432, Sec. 2(a), redesignated subsec. (d) as
(b).
Section Referred to in Other Sections
This section is referred to in section 5154 of this title.
