§5105. State noncompliance with coastal fishery management plans — Inbound Citations
16 U.S.C. § 5105
Cited by 3 provisions in release 119-102.
Citations to §5105(a)
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(A) give careful consideration to the comments of the State that the Commission has determined under section 5105(a) of this title is not in compliance with a coastal fishery management plan, and provide such State, upon request, with the opportunity to meet with and present its comments directly to the Secretary; and
Citations to §5105(b)
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(a) Within 30 days after receiving a notification from the Commission under section 5105(b) of this title and after review of the Commission’s determination of noncompliance, the Secretary shall make a finding on—(1) whether the State in question has failed to carry out its responsibility under section 5104 of this title; and(2) if so, whether the measures that the State has failed to implement and enforce are necessary for the conservation of the fishery in question.
Citations to §5105(c)
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(2) If after a moratorium is declared under paragraph (1) the Secretary is notified by the Commission that the Commission is withdrawing under section 5105(c) of this title the determination of noncompliance, the Secretary shall immediately determine whether the State is in compliance with the applicable plan. If so, the moratorium shall be terminated.