Page:United States Statutes at Large Volume 104 Part 6.djvu/67

 PUBLIC LAW 101-627—NOV. 28, 1990 104 STAT. 4457 NORTH PACIFIC FISHERIES RESEARCH PLAN SEC. 118. (a) Title III of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended by adding at the end the following new section: "SEC. 313. NORTH PACIFIC FISHERIES RESEARCH PLAN. 16 USC 1862. "(a) IN GENERAL.—The North Pacific Fishery Management Council may prepare, in consultation with the Secretary, a fisheries research plan for all fisheries under the Council's jurisdiction except salmon fisheries which— "(1) requires that observers be stationed on fishing vessels engaged in the catching, taking, or harvesting of fish and on United States fish processors fishing for or processing species under the jurisdiction of the Council, including the Northern Pacific halibut fishery, for the purpose of collecting data necessary for the conservation, management, and scientific understanding of any fisheries under the Council's jurisdiction; and "(2) establishes a system of fees to pay for the costs of implementing the plan. "(b) STANDARDS.—(1) Any plan or plan amendment prepared under this section shall be reasonably calculated to— "(A) gather reliable data, by stationing observers on all or a statistically reliable sample of the fishing vessels and United States fish processors included in the plan, necessary for the conservation, management, and scientific understanding of the fisheries covered by the plan; "(B) be fair and equitable to all vessels and processors; "(C) be consistent with applicable provisions of law; and "(D) take into consideration the operating requirements of the fisheries and the safety of observers and fishermen. "(2) Any system of fees established under this section shall— "(A) provide that the total amount of fees collected under this section not exceed the combined cost of (i) stationing observers on board fishing vessels and United States fish processors, (ii) the actual cost of inputting collected data, and (iii) assessments necessary for a risk-sharing pool implemented under subsection (e) of this section, less any amount received for such purpose from another source or from an existing surplus in the North Pacific Fishery Observer Fund established in subsection (d) of this section; "(B) be fair and equitable to all participants in the fisheries under the jurisdiction of the Council, including the Northern Pacific halibut fishery; "(C) provide that fees collected not be used to pay any costs of administrative overhead or other costs not directly incurred in carrying out the plan; "(D) not be used to offset amounts authorized under other provisions of law; "(E) be expressed as a percentage, not to exceed one percentum, of the value of fish and shellfish harvested under the jurisdiction of the Council, including the Northern Pacific halibut fishery; "(F) be assessed against all fishing vessels and United States fish processors, including those not required to carry an observer under the plan, participating in fisheries under the

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