118 STAT. 2889 PUBLIC LAW 108–447—DEC. 8, 2004 (E) permits vessels in the catcher processor subsector to be upgraded to achieve efficiencies in fishing operations provided that such upgrades do not result in the vessel exceeding the applicable length, tonnage, or horsepower limitations set out in Federal law or regulation. (3) APPROVAL BY REFERENDUM.— (A) IN GENERAL.—Following approval by the Secretary under paragraph (2), the Secretary shall conduct a ref erendum for approval of a capacity reduction plan for the appropriate catcher processor subsector. The capacity reduction plan and fee system shall be approved if the referendum votes which are cast in favor of the proposed system by the appropriate catcher processor subsector are— (i) 100 percent of the members of the AFA trawl catcher processor subsector; or (ii) not less than 2 3 of the members of— (I) the longline catcher processor subsector; (II) the non AFA trawl catcher processor sub sector; or (III) the pot catcher processor subsector. (B) NOTIFICATION PRIOR TO REFERENDUM.—Prior to con ducting a referendum under subparagraph (A) for a capacity reduction plan, the Secretary shall— (i) identify, to the extent practicable, and notify the catcher processor subsector that will be affected by such plan; and (ii) make available to such subsector information about any industry fee system contained in such plan, a description of the schedule, procedures, and eligibility requirements for the referendum, the proposed pro gram, the estimated capacity reduction, the amount and duration, and any other terms and conditions of the fee system proposed in such plan. (4) IMPLEMENTATION.— (A) NOTICE OF IMPLEMENTATION.—Not later than 90 days after a capacity reduction plan is approved by a ref erendum under paragraph (3), the Secretary shall publish a notice in the Federal Register that includes the exact terms and conditions under which the Secretary shall implement the fishing capacity reduction program author ized by subsection (b). (B) INAPPLICABILITY OF IMPLEMENTATION PROVISION OF MAGNUSON.—Section 312(e) of the Magnuson Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(e)) shall not apply to a capacity reduction plan approved under this subsection. (5) AUTHORITY TO COLLECT FEES.—The Secretary is author ized to collect fees to fund a fishing capacity reduction program and to repay debt obligations incurred pursuant to a plan approved under paragraph (3)(A). (f) ACTION BY OTHER ENTITIES.—Upon the request of the Sec retary, the Secretary of the Department in which the National Vessel Documentation Center operates or the Secretary of the Department in which the Maritime Administration operates, as appropriate, shall, with respect to any vessel or any vessel named on an LLP license purchased through the fishing capacity reduction program authorized by subsection (b)— Deadline. Federal Register, publication.
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