Title 16ConservationRelease 119-73

§5104 State implementation of coastal fishery management plans

Title 16 › Chapter CHAPTER 71— - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT › § 5104

Last updated Apr 6, 2026|Official source

Summary

The Commission must create and adopt coastal fishery management plans to conserve coastal fish and their habitats. If a fishery is in both State waters and the exclusive economic zone, the Commission must talk with the appropriate Councils so the plans fit together. Each plan must say what States must do to comply, and the Commission must list the States that must carry out and enforce the plan. Within 1 year after December 20, 1993, the Commission must set standards and procedures for making these plans, including using the best scientific information and giving the public a chance to participate with at least four public hearings and a way to send written comments. States named in a plan must implement and enforce its measures within the plan’s time limits. Within 90 days after December 20, 1993, the Commission must set a schedule for putting older plans into effect, and no required start date may be more than 12 months after that schedule is adopted. The Commission must check at least once a year how each State is doing and report the results to the Secretaries.

Full Legal Text

Title 16, §5104

Conservation — Source: USLM XML via OLRC

(a)(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)(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)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 5104

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73