16 U.S.C. § 4013 — Petitions

Page 2464 TITLE 16—CONSERVATION § 4013 (3) This subsection shall not prohibit— (A) the issuance of general or statistical statements based upon reports of a number of persons subject to the provisions of this chap- ter which do not identify the information fur- nished by any person; or (B) the publication by direction of the Sec- retary of the name of any person violating a requirement relating to an assessment im- posed under subsection (a) of this section or to quality standards implemented by the Sec- retary under section 4010(c) of this title, and a statement of the particular provisions of the requirement violated by such person. (4) Any individual who is required to keep in- formation confidential under this subsection and who knowingly violates this subsection shall, upon conviction, be— (A) subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or both; and (B) removed from office if an officer or em- ployee of a council or the Department of Com- merce. (Pub. L. 99–659, title II, § 213, Nov. 14, 1986, 100 Stat. 3727.) § 4013. Petitions (a) Filing of petition Any person subject to assessment under sec- tion 4012 of this title may file a written petition with the Secretary alleging that— (1) the assessment, (2) the plan approved under section 4011(a)(1) of this title on which the assessment is based, or (3) any obligation imposed under the plan, is not in accordance with law and requesting the Secretary to modify or take other appropriate action regarding the assessment or plan. (b) Form of petition Any such petition shall be in writing and filed within the period prescribed by the Secretary. A person who files a petition under this section shall be given an opportunity for a hearing re- garding the petition in accordance with regula- tions issued by the Secretary. After such a hear- ing, or if no hearing is requested, after consider- ation of all documentation and other evidence, the Secretary shall make a ruling upon such pe- tition. (Pub. L. 99–659, title II, § 214, Nov. 14, 1986, 100 Stat. 3728.) § 4014. Refunds Notwithstanding any other provision of this chapter, any person who pays an assessment under this chapter may demand and shall promptly receive from the council a refund of such assessment. A demand for refund must be made in accordance with the procedures, and within such time, as shall be prescribed by the council and approved by the Secretary. Proce- dures to provide such a refund shall be estab- lished before any such assessment may be col- lected. Such procedures shall allow any person to request a refund for not less than ninety days from such collection, and provide that any such refund shall be made within sixty days after de- mand for such refund is made. (Pub. L. 99–659, title II, § 215, Nov. 14, 1986, 100 Stat. 3728.) § 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 peti- tion filed under this subsection shall be accom- panied 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 ac- companied by the signatures, or corporate cer- tifications, as the case may be, of no less than three sector participants in a sector referred to in paragraph (1) of this subsection who collec- tively 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 ac- cordance with section 4009(b)(3) of this title that were handled by that sector during such period, the Secretary, within 90 days after such deter- mination, shall conduct a referendum for termi- nation of the council among all sector partici- pants in that sector. (3) Not less than 30 days prior to holding a ref- erendum under this subsection, the Secretary shall publish a notice of such referendum, in- cluding 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 para- graph (2) of this subsection, collectively ac- counted 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 Sec- retary shall by order terminate the council ef- fective 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 sub- section. Prior to conducting such a referendum, the Secretary shall require petitioners to post a bond or other security acceptable to the Sec- retary in an amount which the Secretary deter- mines to be sufficient to pay any expenses in- curred 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 re- cover the amount of the bond posted by peti- tioners under paragraph (5) of this subsection. (B) If a referendum conducted under this sub- section results in the termination of the coun- cil, the Secretary shall recover the expenses in- curred for the conduct of the referendum from the account established by the council under section 4012(e) of this title. If the amount re- maining in such account is insufficient for the Secretary to recover all expenses incurred for the conduct of the referendum, the Secretary