Page:United States Statutes at Large Volume 98 Part 3.djvu/816

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 3188

56 Stat. 267, 64 Stat. 467.

16 USC 1851

PUBLIC LAW 98-613—OCT. 31, 1984 (B) the waters of a coastal State seaward from the baseHne referred to in subparagraph (A) to the inner boundary of the exclusive economic zone. (4) The term "coastal State" means Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina. (5) The term "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. (g) The term "fishing" means— (A) the catching, taking, or harvesting of Atlantic striped bass, except when incidental to harvesting that occurs in the course of commercial or recreational fish catching activities directed at a species other than Atlantic striped bass; (B) the attempted catching, taking, or harvesting of Atlantic striped bass; and (C) any operation at sea in support of, or in preparation for, any activity described in subparagraph (A) or (B). The term does not include any scientific research authorized by the Federal Government or by any State government. (7) The term "Plan" means the Interstate Fisheries Management Plan for Striped Bass, dated October 1, 1981, prepared by the Commission, and all amendments thereto related to fishing, including interim restoration measures for Chesapeake Bay striped bass stocks as developed by the Atlantic States Marine Fisheries Commission Striped Bass Management Board in December 1983, whether or not such language is formally adopted as an amendment to the Plan of October 1, 1981. (8) The term "Secretary" means the Secretary of Commerce. (9) The term "Secretaries" means the Secretary of Commerce and the Secretary of the Interior.

SEC. 4. COMMISSION FUNCTIONS.

(a) COASTAL STATE REGULATORY MEASURES.—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. (b) MONITORING OF ENFORCEMENT.—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. (c) NOTIFICATION TO SECRETARY OF RESULTS OF ENFORCEMENT MON-

ITORING.—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 each coastal State. (d) SECRETARIAL ACTION AFTER NOTIFICATION.—Immediately upon receiving notice from the Commission—