U.S. Code » Title 16 » Chapter CHAPTER 71— ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

16 U.S.C. § 5104

State implementation of coastal fishery management plans

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(a) Coastal fishery management plans(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) State implementation and enforcement(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) Commission monitoring of State implementation and enforcement

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.

(Pub. L. 103–206, title VIII, § 805, Dec. 20, 1993, 107 Stat. 2450.)
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1996–2025 · leading case: Rhode Island Fishermen's Alliance, Inc. v. Rhode Island Department of Environmental Management
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Rhode Island Fishermen's Alliance, Inc. v. Rhode Island Department of Environmental Management (2009) ca1 · cites it 3× “See 16 U.S.C. § 5104 (b)(1). It also designated the Atlantic States Marine Fisheries Commission (the Commission) as the body that would prepare and adopt interstate fishery management plans.”
Campanale & Sons, Inc. v. Evans (2002) ca1 · cites it 2× “Under the Atlantic Coastal Act, the Atlantic States Commission is responsible for *112 preparing and adopting a coastal fishery management plan (“CMP”), 16 U.S.C. § 5104 (a)(1), the equivalent of the Magnu-son-Stevens Act’s FMP, for coastal fishery resources, which are defined…”
Connecticut v. Daley (1999) ctd · cites it 3× “16 U.S.C. § 5104 (a)(1). When addressing a fishery which extends among the coastal waters of several states and the federal exclusive economic zone, the Commission is to consult with the appropriate Councils to develop coastal management plans that complement any FMP the…”
New York v. Gutierrez (2009) nyed · cites it 4× “4 The Fisheries Act imposes federal obligations on ASMFC, including the obligation to base FMPs on “the best scientific information available,” 16 U.S.C. § 5104 (2)(A), as well as to provide “adequate opportunity for public participation” in the FMP preparation process.”
New York v. Atlantic States Marine Fisheries Commission (2010) ca2 “The Commission is obligated to review member states’ “implementation and enforcement of coastal fishery management plans” and “report the results of the reviews” to the Secretary of Commerce.”
Medeiros v. Atlantic States Marine Fisheries Commission (2004) rid · cites it 3× “16 U.S.C. § 5104 (a)(1). Each compact-member state identified in a management plan is required to implement and enforce the plan’s measures.”
United Boatmen v. Gutierrez (2006) nyed “16 U.S.C. § 5104 (a). “Atlantic Commission” — See ASMFC.”
North Carolina Fisheries Ass'n, Inc. v. Brown (1996) vaed “16 U.S.C. § 5104 . In preparing such a plan for a fishery located both in state and federal waters, the Atlantic Commission is required to consult with the appropriate regional fishery councils established under the Magnuson Act.”
Unkechauge Indian Nation v. Seggos (2023) nyed · cites it 4× “See 16 U.S.C. § 5104 (b) (setting forth state implementation and enforcement obligations) (“Each State identified under [ 16 U.”
State of New York v. Ross (2022) nysd “” 16 U.S.C. § 5104 (a)(1). B. The Summer Flounder FMP And 1993 Allocation Rule The initial summer flounder management plan was prepared by the Atlantic States Commission in 1982.”
Cape Cod Charter Boat Association v. Burgum (2025) dcd “, 16 U.S.C. § 5104 (b)(1). And nothing prohibits a State from enforcing stricter regulations than those required by a plan.”
United Boatmen of New York, Inc. v. (2010) ca2 “Pursuant to the 11 ACFCMA, a plan must “specify the requirements necessary for 12 [s]tates to be in compliance,” and the ASMFC must “identify 13 each [s]tate that is required to implement and enforce that 14 plan.”
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