Page:United States Statutes at Large Volume 100 Part 5.djvu/248

 100 STAT. 3722

PUBLIC LAW 99-659—NOV. 14, 1986

(B) the proposed rate or rates that will be imposed by the council on receivers and, if subject to assessment, importers during its first year of operation; (C) the maximum amount an assessment rate for any period may be raised above the rate applicable for the immediately preceding period; and (D) the maximum rate or rates that can be imposed by a council on receivers or importers during the operation of the /; council; (8) a provision setting forth the definition of a quorum for making decisions on council business and the procedures for selecting a chairman of the council; (9) a provision setting forth the voting procedures by which votes may be cast by proxy; and (10) such other provisions relating to administration of the council as the Secretary considers necessary. The text of a proposed charter shall be accompanied by a document identifying, to the extent practicable by address of place of business, the persons (hereinafter referred to as "sector participants") that are considered by the applicants to meet the requirements specified in paragraph (6) of this subsection. The text of a proposed charter shall include provisions setting forth procedures for. providing refunds to those sector participants subject to assessment under section 213 of this title, and may also include provisions which establish ...^. a maximum limit on the amount that any one sector participant may be required to pay under an assessment for any period. (c) CONTENTS OF CHARTER.—The Secretary may not approve a proposed charter filed under subsection (a) of this section unless such charter provides that— (1) the council will have voting members representing the ' ' '" ' harvesting, receiving and, if subject to assessment, importing sectors; and (2) the members of the council shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the council. (d) REVIEW OF CHARTER.—(1) Within 180 days of the receipt of an application to establish a council, the Secretary shall— (A) identify, to the extent practicable, those sector participants that meet the requirements for eligibility to participate in the referendum under subsection (e) of this section; (B) determine, to the extent practicable, if the charter is accompanied by a petition comprised of the signatures or corporate certifications, as the case may be, of no less than three sector participants in each sector identified in accordance with subsection (b)(5) of this section who collectively accounted for, in the twelve-month period immediately preceding the month in which the application was filed, not less than 10 percent of the value of the fish or fish products described in accordance with subsection 0))(3) of this section that were handled by each such sector during that period; and (C) determine if the proposed charter is consistent with the provisions of this title and any other applicable law. (2) If any negative determination is made under paragraph (1) of this subsection regarding a proposed charter, the Secretary shall advise in writing the sector participants who made the application of the reasons for such determination. A corrected application may be submitted thereafter to the Secretary for approval.

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