16 U.S.C. § 5153
During December of each fiscal year, and at any other time it deems necessary the Commission shall determine-
For purposes of subsection (a)(2), enforcement by a coastal State shall not be considered satisfactory by the Commission if, in its view, the enforcement is being carried out in such a manner that the implementation of the Plan within the coastal waters of the State is being, or will likely be, substantially and adversely affected.
The Commission shall immediately notify the Secretaries of each negative determination made by it under subsection (a).
16 U.S.C. § 5153
EDITORIAL NOTES
AMENDMENTS1997- Pub. L. 105-146 amended section catchline and text generally, substituting provisions relating to monitoring of implementation and enforcement by coastal States for somewhat similar provisions, including Secretarial action upon notification.1988-Subsec. (a)(1). Pub. L. 100-589 inserted "and at any other time it deems necessary," after "thereafter," in introductory provisions. 1986-Subsec. (a). Pub. L. 99-432, §2(b), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "Commencing on July 1, 1985, the Commission shall monitor on a biannual basis the enforcement of the Plan by each coastal State for purposes of deciding if that enforcement is satisfactory. Enforcement by a coastal State may not be considered satisfactory by the Commission if, in its view, the enforcement is being carried out in such a manner that the implementation of the Plan within its coastal waters is being, or will likely be, substantially and adversely affected." Pub. L. 99-432, §2(a), redesignated subsec. (b) as (a) and struck out heading and text of former subsec. (a). Prior to amendment, text read as follows: "The Commission shall decide during June 1985 whether each coastal state has adopted all regulatory measures necessary to fully implement the Plan in its coastal waters. The Commission shall immediately notify the Secretaries of each negative determination made by it under the preceding sentence." Subsec. (b). Pub. L. 99-432, §2(c), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "Immediately upon receiving notice from the Commission-"(1) under subsection (a) of this section that a coastal State has not taken the actions described in that subsection; or"(2) under subsection (c) of this section that the enforcement of the Plan by a coastal State is not satisfactory; the Secretary shall determine, within 30 days, whether that coastal State is in compliance with the Plan and, if the State is not in compliance, the Secretary shall declare a moratorium on fishing for Atlantic striped bass within the coastal waters of that coastal State. In making such a determination, the Secretary shall carefully consider and review the comments of the Commission, that coastal State in question, and the Secretary of the Interior." Pub. L. 99-432, §2(a), redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 99-432, §2(a), struck out heading and text of subsec. (c). Prior to amendment, text read as follows: "On December 30, 1985, and on the closing date of each biannual period thereafter, the Commission shall notify the Secretaries of the results of the monitoring under subsection (b) of this section of each coastal State." Subsec. (d). Pub. L. 99-432, §2(a), redesignated subsec. (d) as (b).
- Atlantic striped bass
- The term "Atlantic striped bass" means members of stocks or populations of the species Morone saxatilis, which ordinarily migrate seaward of the waters described in paragraph (3)(A)(i).
- Commission
- The term "Commission" means the Atlantic States Marine Fisheries Commission established under the interstate compact consented to and approved by the Congress in Public Laws 77-539 and 81-721.
- Plan
- The term "Plan" means a plan for managing Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission.
- Secretaries
- The term "Secretaries" means the Secretary of Commerce and the Secretary of the Interior or their designees.1See References in Text note below.
- Secretary
- The term "Secretary" means the Secretary of Commerce or a designee of the Secretary of Commerce.
- coastal State
- The term "coastal State" means-(A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina;(B) the District of Columbia; and(C) the Potomac River Fisheries Commission established by the Potomac River Compact of 1958.
- coastal waters
- The term "coastal waters" means-(A) for each coastal State referred to in paragraph (4)(A)-(i) all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and(ii) the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone;(B) for the District of Columbia, those waters within its jurisdiction; and(C) for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958.