Page:United States Statutes at Large Volume 110 Part 5.djvu/528

 110 STAT. 3602 PUBLIC LAW 104-297—OCT. 11, 1996 Notification. Federal Register, publication. Public information. Federal Register, publication. system. Prior to the referendum, the Secretary, in consultation with the Council, shall— "(i) identify, to the extent practicable, and notify all permit or vessel owners who would be affected by the program; and "(ii) make available to such owners information about the industry fee system describing the schedule, procedures, and eligibility requirements for the referendum, the proposed program, and the amount and duration and smy other terms and conditions of the proposed fee system. "(B) The industry fee system shall be considered approved if the referendum votes which are cast in favor of the proposed system constitute a two-thirds majority of the participants voting. "(2) Notwithstanding section 304(d) and consistent with an approved industry fee system, the Secretary is authorized to establish such a system to fund the program and repay debt obligations incurred pursuant to section 1111 of title XI of the Merchant Marine Act, 1936. The fees for a program established under this section shall— "(A) be determined by the Secretary and adjusted from time to time as the Secretary considers necesssiry to ensure the availability of sufficient funds to repay such debt obligations; "(B) not exceed 5 percent of the ex-vessel value of all fish harvested from the fishery for which the program is established; "(C) be deducted by the first ex-vessel fish purchaser from the proceeds otherwise payable to the seller and accounted for and forwarded by such fish purchasers to the Secretary in such manner as the Secretary may establish; and "(D) be in effect only luitil such time as the debt obligation has been fully paid. "(e) IMPLEMENTATION PLAN.— (1) The Secretary, in consultation with the appropriate Council or State and other interested parties, shall prepare and publish in the Federal Register for a 60-day public comment period an implementation plan, including proposed regulations, for each program. The implementation plan shall— "(A) define criteria for determining types and numbers of vessels which are eligible for participation in the program taking into account characteristics of the fishery, the requirements of applicable fishery management plans, the needs of fishing communities, and the need to minimize program costs; and "(B) establish procedures for program participation (such as submission of owner bid under an auction system or fair market-value assessment) including any terms and conditions for participation which the Secretary deems to be reasonably necessary to meet the goals of the program. "(2) During the 60-day public comment period— "(A) the Secretary shall conduct a public hearing in each State affected by the program; and "(B) the appropriate Coxincil or State shall submit its comments and recommendations, if any, regarding the plan and regulations. "(3) Within 45 days after the close of the public comment period, the Secretary, in consultation with the appropriate Council or State, shall analyze the public comment received and publish in the Federal Register a final implementation plan for the program

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