Title 16 — ConservationRelease 119-73

§5105 State noncompliance with coastal fishery management plans

Title 16 › Chapter CHAPTER 71— - ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT › § 5105

Last updated Apr 6, 2026|Official source

Summary

The Commission must find a State out of compliance if the State did not carry out and enforce a coastal fishery plan within the time limits set by the plan or under section 5104. Within 10 working days of that finding, the Commission must tell the Secretaries why and give a clear list of actions the State must take, and send a copy to the State. The Commission will keep watching the State and, once the State has done the listed actions, must immediately withdraw the finding and tell the Secretaries.

Full Legal Text

Title 16, §5105

Conservation — Source: USLM XML via OLRC

(a)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)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)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 5105

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73