Page:United States Statutes at Large Volume 104 Part 6.djvu/68

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104 STAT. 4458 PUBLIC LAW 101-627—NOV. 28, 1990 Regulations. Federal Register, publication. jurisdiction of the Council, including the Northern Pacific halibut fishery; "(G) provide that fees collected will be deposited in the North Pacific Fishery Observer Fund established under subsection (d) of this section; ^ "(H) provide that fees collected will only be used for implementing the plan established under this section; and "(I) meet the requirements of section 9701(b) of title 31, United States Code. "(c) ACTION BY SECRETARY. —(1) Within 60 days after receiving a plan or plan amendment from the North Pacific Council under this section, the Secretary shall review such plan or plan amendment and either (A) remand such plan or plan amendment to the Council with comments if it does not meet the requirements of this section, or (B) publish in the Federal Register proposed regulations for implementing such plan or plan amendment. "(2) During the 60-day public comment period, the Secretary shall conduct a public hearing in each State represented on the Council for the purpose of receiving public comments on the proposed regulations. "(3) Within 45 days of the close of the public comment period, the Secretary, in consultation with the Council, shall analyze the public comment received and publish final regulations for implementing such plan. "(4) If the Secretary remands a plan or plan amendment to the Council for failure to meet the requirements of this section, the Council may resubmit such plan or plan amendment at any time after taking action the Council believes will address the defects identified by the Secretary. Any plan or plan amendment resubmitted to the Secretary will be treated as an original plan submitted to the Secretary under paragraph (1) of this subsection. "(d) FISHERY OBSERVER FUND. — There is established in the Treasury a North Pacific Fishery Observer Fund. The Fund shall be available, without appropriation or fiscal year limitation, only to the Secretary for the purpose of carrying out the provisions of this section, subject to the restrictions in subsection (b)(2) of this section. The Fund shall consist of all monies deposited into it in accordance with this section. Sums in the Fund that are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. "(e) SPECIAL PROVISIONS REGARDING OBSERVERS.— (1) The Secretary shall review— "(A) the feasibility of establishing a risk sharing pool through a reasonable fee, subject to the limitations of subsection (b)(2)(E) of this section, to provide coverage for vessels and owners against liability from civil suits by observers, and "(B) the availability of comprehensive commercial insurance for vessel and owner liability against civil suits by observers. "(2) If the Secretary determines that a risk sharing pool is feasible, the Secretary shall establish such a pool, subject to the provisions of subsection (b)(2) of this section, unless the Secretary determines that— "(A) comprehensive commercial insurance is available for all fishing vessels and United States fish processors required to have observers under the provisions of this section, and