((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** 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).