(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

Terms Used In 16 USC 5153

  • coastal State: means --

    (A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina. See 16 USC 5152

  • 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. See 16 USC 5152

  • 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. See 16 USC 5152
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Plan: means a plan for managing Atlantic striped bass, or an amendment to such plan, that is prepared and adopted by the Commission. See 16 USC 5152
  • Secretaries: means the Secretary of Commerce and the Secretary of the Interior or their designees. See 16 USC 5152

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.

(c) Notification of Secretaries

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