---
kind: "section"
citation: "16 U.S.C. § 5105"
title: "16"
title_heading: "Conservation"
number: "5105"
heading: "State noncompliance with coastal fishery management plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/5105"
units:
  - "Chapter 71 — Atlantic Coastal Fisheries Cooperative Management"
---

# §5105. State noncompliance with coastal fishery management plans

- (a) **Noncompliance determination—** The [Commission](/usc/16/5102.md?p=3) shall determine that a [State](/usc/16/5102.md?p=13) is not in compliance with the provisions of a [coastal fishery management plan](/usc/16/5102.md?p=1) if it finds that the [State](/usc/16/5102.md?p=13) has not implemented and enforced such plan within the timeframes established under the plan or under [section 5104 of this title](/usc/16/5104.md).
- (b) **Notification—** Upon making any determination under [subsection (a)](#a), the [Commission](/usc/16/5102.md?p=3) shall within 10 working days notify the [Secretaries](/usc/16/5102.md?p=12) of such determination. Such notification shall include the reasons for making the determination and an explicit list of actions that the affected [State](/usc/16/5102.md?p=13) must [take](/usc/16/3102.md?p=18) to comply with the [coastal fishery management plan](/usc/16/5102.md?p=1). The [Commission](/usc/16/5102.md?p=3) shall provide a copy of the notification to the affected [State](/usc/16/5102.md?p=13).
- (c) **Withdrawal of noncompliance determination—** After making a determination under [subsection (a)](#a), the [Commission](/usc/16/5102.md?p=3) shall continue to monitor [State](/usc/16/5102.md?p=13) implementation and enforcement. Upon finding that a [State](/usc/16/5102.md?p=13) has complied with the actions required under [subsection (b)](#b), the [Commission](/usc/16/5102.md?p=3) shall immediately withdraw its determination of noncompliance. The [Commission](/usc/16/5102.md?p=3) shall promptly notify the [Secretaries](/usc/16/5102.md?p=12) of such withdrawal.

## Source credit

(Pub. L. 103–206, title VIII, § 806, Dec. 20, 1993, 107 Stat. 2451.)