
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC4015]

 
                         TITLE 16--CONSERVATION
 
                 CHAPTER 60--FISH AND SEAFOOD PROMOTION
 
Sec. 4015. Termination of a council


(a) Petition for termination

    (1) A petition to terminate a council may be filed with the 
Secretary by no less than three sector participants in any one sector. 
Any petition filed under this subsection shall be accompanied by a 
written document explaining the reasons for such petition.
    (2) If the Secretary determines that a petition filed under 
paragraph (1) of this subsection is accompanied by the signatures, or 
corporate certifications, as the case may be, of no less than three 
sector participants in a sector referred to in paragraph (1) of this 
subsection who collectively accounted for, in the twelve-month period 
immediately preceding the month in which such petition was filed, not 
less than 20 percent of the value of the fish or fish products described 
in accordance with section 4009(b)(3) of this title that were handled by 
that sector during such period, the Secretary, within 90 days after such 
determination, shall conduct a referendum for termination of the council 
among all sector participants in that sector.
    (3) Not less than 30 days prior to holding a referendum under this 
subsection, the Secretary shall publish a notice of such referendum, 
including the document explaining the reasons for the petition filed 
under paragraph (1) of this subsection and any other relevant 
information the Secretary considers appropriate.
    (4) If the referendum votes which are cast in favor of terminating 
the council constitute a majority of the sector participants voting and 
the majority, in the period referred to in paragraph (2) of this 
subsection, collectively accounted for not less than sixty-six percent 
of the value of such fish and fish products that were handled during 
such period by a sector referred to in paragraph (1) of this subsection, 
the Secretary shall by order terminate the council effective as of a 
date by which the affairs of the council may be concluded on an orderly 
basis.
    (5) The Secretary initially shall pay all costs of a referendum 
conducted under this subsection. Prior to conducting such a referendum, 
the Secretary shall require petitioners to post a bond or other security 
acceptable to the Secretary in an amount which the Secretary determines 
to be sufficient to pay any expenses incurred for the conduct of such 
referendum.
    (6)(A) If a referendum conducted under this subsection fails to 
result in the termination of the council, the Secretary shall 
immediately recover the amount of the bond posted by petitioners under 
paragraph (5) of this subsection.
    (B) If a referendum conducted under this subsection results in the 
termination of the council, the Secretary shall recover the expenses 
incurred for the conduct of the referendum from the account established 
by the council under section 4012(e) of this title. If the amount 
remaining in such account is insufficient for the Secretary to recover 
all expenses incurred for the conduct of the referendum, the Secretary 
shall recover the balance of such expenses from the petitioners that 
posted a bond under paragraph (5) of this subsection.

(b) Payment of remaining funds

    If a council is terminated under subsection (a) of this section, the 
Secretary, after recovering all expenses incurred for the conduct of the 
referendum under subsection (a) of this section, shall take such action 
as is necessary and practicable to ensure that moneys remaining in the 
account established by the council under section 4012(e) of this title 
are paid on a prorated basis to the sector participants from whom those 
moneys were collected under section 4012 of this title.

(Pub. L. 99-659, title II, Sec. 216, Nov. 14, 1986, 100 Stat. 3728.)

                  Section Referred to in Other Sections

    This section is referred to in section 4010 of this title.
