[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR270.5]

[Page 689-690]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 270_SPECIES-SPECIFIC SEAFOOD MARKETING COUNCILS--Table of Contents
 
Sec. 270.5  Conduct of referendum.

    (a) Upon making affirmative determinations under Sec. 270.4, NMFS, 
within 90 days after the date of the last affirmative determination, 
will conduct a referendum on the adoption of the proposed charter.
    (b) NMFS will estimate the cost of conducting the referendum, notify 
the applicants, and request that applicants post a bond or provide other 
applicable security, such as a cashierSec. s check, to cover costs of 
the referendum.
    (c) NMFS will initially pay all costs of a referendum to establish a 
Council. Within two years after establishment, the Council must 
reimburse NMFS for the total actual costs of the referendum from 
assessments collected by

[[Page 690]]

the Council. If a referendum fails to result in establishment of a 
Council, NMFS will immediately recover all expenses incurred for 
conducting the referendum from the bond or security posted by 
applicants. In either case, such expenses will not include salaries of 
government employees or other administrative overhead, but will be 
limited to those additional direct costs incurred in connection with 
conducting the referendum.
    (d) No less than 30 days prior to holding a referendum, NMFS will:
    (1) Publish in the Federal Register the text of the proposed charter 
and the most complete list available of sector participants eligible to 
vote in the referendum; and
    (2) Provide for public comment, including the opportunity for a 
public meeting.