Title 16, ConservationRelease 119-110
§5105 State Noncompliance with Coastal Fishery Management Plans
Title 16 › CHAPTER 71 — ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT › § 5105
Summary
The Commission must find a State not following a coastal fishery plan if it fails to enforce the plan by the plan's or section 5104 deadlines. Within 10 working days it must notify the Secretaries, give reasons, list required actions, and provide the State a copy. It will monitor and, when the State complies, take back the finding and notify them.
Full Legal Text
Title 16, §5105
Conservation, Source: USLM XML via OLRC
(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), 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), 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
Sep 22, 2026
Release point: 119-110