16 U.S.C. § 5105 — State noncompliance with coastal fishery management plans
submitted 33 years ago by Pub. L. 103-206 to r/title-16-CONSERVATION · 171 words · no verdicts yet
The Commission must find a State out of compliance when it has not implemented and enforced a coastal fishery plan on time. The Commission must notify the Secretaries and State, list required corrective actions, and withdraw the finding when the State complies.
(a) Noncompliance determination The Commission* must 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 must within 10 working days notify the Secretaries of such determination. Such notification must 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 must provide a copy of the notification to the affected State. (c) Withdrawal of noncompliance determination After making a determination under subsection (a), the Commission must continue to monitor State implementation and enforcement. Upon finding that a State has complied with the actions required under subsection (b), the Commission must immediately withdraw its determination of noncompliance. The Commission must promptly notify the Secretaries of such withdrawal.
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.
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.
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.
Source credit: (Pub. L. 103–206, title VIII, § 806, Dec. 20, 1993, 107 Stat. 2451.)
- 1993Enacted · Pub. L. 103-206 · 107 Stat. 2451
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-206 on 1993-12-20.
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