--- kind: "section" citation: "16 U.S.C. § 4015" title: "16" title_heading: "Conservation" number: "4015" heading: "Termination of a council" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/4015" units: - "Chapter 60 — Fish and Seafood Promotion" --- # §4015. Termination of a council - (a) **Petition for termination—** - (1) A petition to terminate a [council](/usc/16/4003.md?p=2) may be filed with the [Secretary](/usc/16/4003.md?p=16) by no less than three [sector](/usc/16/4003.md?p=15) participants in any one [sector](/usc/16/4003.md?p=15). Any petition filed under this subsection shall be accompanied by a written document explaining the reasons for such petition. - (2) If the [Secretary](/usc/16/4003.md?p=16) 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](/usc/16/4003.md?p=15) participants in a [sector](/usc/16/4003.md?p=15) 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](/usc/16/4003.md?p=3) or [fish](/usc/16/4003.md?p=3) products described in accordance with [section 4009(b)(3) of this title](/usc/16/4009.md?p=b-3) that were handled by that [sector](/usc/16/4003.md?p=15) during such period, the [Secretary](/usc/16/4003.md?p=16), within 90 days after such determination, shall conduct a referendum for termination of the [council](/usc/16/4003.md?p=2) among all [sector](/usc/16/4003.md?p=15) participants in that [sector](/usc/16/4003.md?p=15). - (3) Not less than 30 days prior to holding a referendum under this subsection, the [Secretary](/usc/16/4003.md?p=16) 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](/usc/16/4003.md?p=16) considers appropriate. - (4) If the referendum votes which are cast in favor of terminating the [council](/usc/16/4003.md?p=2) constitute a majority of the [sector](/usc/16/4003.md?p=15) 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](/usc/16/1826c.md?p=1) that were handled during such period by a [sector](/usc/16/4003.md?p=15) referred to in paragraph (1) of this subsection, the [Secretary](/usc/16/4003.md?p=16) shall by order terminate the [council](/usc/16/4003.md?p=2) effective as of a date by which the affairs of the [council](/usc/16/4003.md?p=2) may be concluded on an orderly basis. - (5) The [Secretary](/usc/16/4003.md?p=16) initially shall pay all costs of a referendum conducted under this subsection. Prior to conducting such a referendum, the [Secretary](/usc/16/4003.md?p=16) shall require petitioners to post a bond or other security acceptable to the [Secretary](/usc/16/4003.md?p=16) in an amount which the [Secretary](/usc/16/4003.md?p=16) 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](/usc/16/4003.md?p=2), the [Secretary](/usc/16/4003.md?p=16) 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](/usc/16/4003.md?p=2), the [Secretary](/usc/16/4003.md?p=16) shall recover the expenses incurred for the conduct of the referendum from the account established by the [council](/usc/16/4003.md?p=2) under [section 4012(e) of this title](/usc/16/4012.md?p=e). If the amount remaining in such account is insufficient for the [Secretary](/usc/16/4003.md?p=16) to recover all expenses incurred for the conduct of the referendum, the [Secretary](/usc/16/4003.md?p=16) 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](/usc/16/4003.md?p=2) is terminated under [subsection (a)](#a) of this section, the [Secretary](/usc/16/4003.md?p=16), after recovering all expenses incurred for the conduct of the referendum under [subsection (a)](#a) of this section, shall [take](/usc/16/3102.md?p=18) such action as is necessary and practicable to ensure that moneys remaining in the account established by the [council](/usc/16/4003.md?p=2) under [section 4012(e) of this title](/usc/16/4012.md?p=e) are paid on a prorated basis to the [sector](/usc/16/4003.md?p=15) participants from whom those moneys were collected under [section 4012 of this title](/usc/16/4012.md). ## Source credit (Pub. L. 99–659, title II, § 216, Nov. 14, 1986, 100 Stat. 3728.)