Page:United States Statutes at Large Volume 107 Part 3.djvu/513

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PUBLIC LAW 103-206—DEC. 20, 1993 107 STAT. 2451 (b) STATE IMPLEMENTATION AND ENFORCEMENT.— <1) Each State identified under subsection (a) with respect to a coastal fishery management plan shall implement and enforce the measures of such plan within the timeframe established in the plan. (2) Within 90 days after the date of enactment of this Act, the Commission shall establish a schedule of timeframes within which States shall implement and enforce the measures of coastal fishery management plans in existence before such date of enactment. No such timeframe shall exceed 12 months after the date on which the schedule is adopted. (c) COMMISSION MONITORING OF STATE IMPLEMENTATION AND ENFORCEMENT.— The Commission shall, at least annually, review each State's implementation and enforcement of coastal fisherv management plans for the purpose of determining whether such State is effectively implementing and enforcing each such plan. Upon completion of such reviews, the Commission shall report Reports. the results of the reviews to the Secretaries. SEC. 806. STATE NONCOMPLIANCE WITH COASTAL FISHERY MANAGE- 16 USC 5105. MENT PLANS. (a) NONCOMPLIANCE DETERMINATION.— The Commission shall determine that a State is not in compliance with the provisions of a coastal fishery management plan if it finds that the State has not implemented and enforced such plan within the timeframes established under the plan or under section 805. (b) NOTIFICATION.— Upon making any determination under subsection (a), the Commission shall within 10 working days noti^ the Secretanes of such determination. Such notification shall include the reasons for making the determination and an explicit Ust of actions that the affected State must take to comply with the coastal fishery management plan. The Commission shall provide a copy of the notification to the affected State. (c) WITHDRAWAL OF NONCOMPLIANCE DETERMINATION. —After making a determination under subsection (a), the Commission shall continue to monitor State implementation and enforcement. Upon finding that a State has complied with the actions required under subsection (b), the Commission shall immediately withdraw its determination of noncompliance. The Commission shall promptly notify the Secretaries of such withdrawal. SEC 807. SECRETARIAL ACTION. 16 USC 5106. (a) SECRETARIAL REVIEW OF COMMISSION DETERMINATION OF NONCOMPLIANCE.— Within 30 days after receiving a notification from the Commission under section 806(b) 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 805; 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. (b) CONSIDERATION OF COMMENTS.— In making a finding under subsection (a), the Secretary shall— (A) give careful consideration to the comments of the State that the Commission has determined under section 806(a) is not in compliance with a coastal fishery management plan, and provide such State, upon request, with the opportiinity 69-194O-94-17:QL.3Parti