
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC5153]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 71A--ATLANTIC STRIPED BASS CONSERVATION
 
Sec. 5153. Monitoring of implementation and enforcement by 
        coastal States
        

(a) Determination

    During December of each fiscal year, and at any other time it deems 
necessary the Commission shall determine--
        (1) whether each coastal State has adopted all regulatory 
    measures necessary to fully implement the Plan in its coastal 
    waters; and
        (2) whether the enforcement of the Plan by each coastal State is 
    satisfactory.

(b) Satisfactory State enforcement

    For purposes of subsection (a)(2) of this section, 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.

(c) Notification of Secretaries

    The Commission shall immediately notify the Secretaries of each 
negative determination made by it under subsection (a) of this section.

(Pub. L. 98-613, Sec. 4, Oct. 31, 1984, 98 Stat. 3188; Pub. L. 99-432, 
Sec. 2, Oct. 1, 1986, 100 Stat. 989; Pub. L. 100-589, Sec. 4, Nov. 3, 
1988, 102 Stat. 2984; Pub. L. 105-146, Sec. 2, Dec. 16, 1997, 111 Stat. 
2674.)


                               Amendments

    1997--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, Sec. 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, Sec. 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, Sec. 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, Sec. 2(a), redesignated subsec. (d) as (b). Former 
subsec. (b) redesignated (a).
    Subsec. (c). Pub. L. 99-432, Sec. 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, Sec. 2(a), redesignated subsec. (d) as 
(b).

                  Section Referred to in Other Sections

    This section is referred to in section 5154 of this title.
