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

16 U.S.C. § 5105

State noncompliance with coastal fishery management plans

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(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.

(Pub. L. 103–206, title VIII, § 806, Dec. 20, 1993, 107 Stat. 2451.)
Notes of Decisions
Cited in 3 cases, 1996–2009 · leading case: New York v. Gutierrez
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New York v. Gutierrez (2009) nyed “16 U.S.C. § 5105 . While it is true that the Secretary must make an independent determination that the FMP’s measures are necessary for fishery conservation before taking action to enforce the Commission’s FMP (namely, by imposing a fishing moratorium), this separation of the…”
Medeiros v. Atlantic States Marine Fisheries Commission (2004) rid “16 U.S.C. § 5105 . Within 30 days of receipt of a notice of noncompliance from the ASMFC, the secretary is required to determine whether the subject state has failed to carry out its implementation and enforcement responsibilities under § 5104, and, if so, “whether the measures…”
North Carolina Fisheries Ass'n, Inc. v. Brown (1996) vaed “16 U.S.C. § 5105 . The Secretary of Commerce is then authorized to impose a moratorium on fishing in the fishery in question in the waters of the noncomplying state.”
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