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16 U.S.C. § 4012 — Assessments
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority** A council shall impose and administer the collection of the assessments that are necessary to pay for all expenses incurred by the council in carrying out its functions under this chapter.
**(b) Method of imposition**
(1) Assessments shall be imposed on sector participants in the receiving sector or the importing sector, or both, as specified in an approved council charter.
(2) An assessment on sector participants in the receiving sector shall be—
(A) except for an owner of a fish processing vessel, in the form of a percentage of the value of the fish described in accordance with [section 4009(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/b/3&num=0&edition=prelim) when purchased by such participants from fish harvesters; and
(B) for an owner of a fish processing vessel, in the form of a percentage of the value of the fish described in accordance with [section 4009(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/b/3&num=0&edition=prelim) and harvested by such a vessel that is no less than the value of such fish, if such fish had been purchased by a receiver other than an owner of such a vessel.
(3) An assessment on sector participants in the importing sector shall be in the form of a percentage of the value, as determined for the purposes of the customs laws, of the fish or fish products described in accordance with [section 4009(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/b/3&num=0&edition=prelim) when entered, or withdrawn from warehouse for consumption, in the customs territory of the United States by such sector participants.
**(c) Prohibition on assessment** A council may
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Stable record: federal_law:legal_authorities:record_usc_403ab6cb86a1a8acf100ceab
Source file: Laws/federal/codes/united-states-code/title-16/section-4012-assessments--bceca7e781.md
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Source location: Title 16, Chapter 60, § 4012; chapter-060-fish-and-seafood-promotion.md
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**(a) Authority** A council shall impose and administer the collection of the assessments that are necessary to pay for all expenses incurred by the council in carrying out its functions under this chapter.
**(b) Method of imposition**
(1) Assessments shall be imposed on sector participants in the receiving sector or the importing sector, or both, as specified in an approved council charter.
(2) An assessment on sector participants in the receiving sector shall be—
(A) except for an owner of a fish processing vessel, in the form of a percentage of the value of the fish described in accordance with [section 4009(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/b/3&num=0&edition=prelim) when purchased by such participants from fish harvesters; and
(B) for an owner of a fish processing vessel, in the form of a percentage of the value of the fish described in accordance with [section 4009(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/b/3&num=0&edition=prelim) and harvested by such a vessel that is no less than the value of such fish, if such fish had been purchased by a receiver other than an owner of such a vessel.
(3) An assessment on sector participants in the importing sector shall be in the form of a percentage of the value, as determined for the purposes of the customs laws, of the fish or fish products described in accordance with [section 4009(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/b/3&num=0&edition=prelim) when entered, or withdrawn from warehouse for consumption, in the customs territory of the United States by such sector participants.
**(c) Prohibition on assessment** A council may not impose an assessment on any person that was not eligible to vote in the referendum establishing the council under [section 4009(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/e&num=0&edition=prelim) by reason of failure to meet the requirements specified under [section 4009(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/b/6&num=0&edition=prelim), unless such person, after the date on which such referendum is held, meets the requirements of [section 4009(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/b/6&num=0&edition=prelim).
**(d) Voluntary payments** Any person may make voluntary payments or in-kind contributions to a council for purposes of assisting the council in carrying out its functions.
**(e) Deposit of funds** All funds collected or received by a council under this section shall be deposited by the council in an appropriate account in the name of the council specified in its charter. Funds eligible to be collected or received by a council shall be limited to those authorized under this section.
**(f) Information**
(1) Sector participants shall make available to the Secretary such information and data as is necessary for the effectuation, administration or enforcement of this chapter or any order or regulation issued pursuant to this chapter. Except as provided in paragraphs (2) and (3) of this subsection, any information obtained in carrying out this subsection shall be kept confidential by all officers and employees of the Department of Commerce, independent accountants and other persons who have access to such information.
(2) If the Secretary or an employee of the United States Government is a party to a suit or administrative action involving an assessment, order, or regulation issued under this chapter, the Secretary may disclose information obtained under paragraph (1) of this subsection to the extent allowed by the judicial or administrative officer presiding over such suit or action.
(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 chapter which do not identify the information furnished by any person; or
(B) the publication by direction of the Secretary of the name of any person violating a requirement relating to an assessment imposed under subsection (a) of this section or to quality standards implemented by the Secretary under [section 4010(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4010/c&num=0&edition=prelim), and a statement of the particular provisions of the requirement violated by such person.
(4) Any individual who is required to keep information 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 employee of a council or the Department of Commerce.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application** An application for a charter for a seafood marketing council for one or more species of fish and fish products of that species may be filed by persons who meet the requirements specified in accordance with subsection (b)(6) of this section.
**(b) Form of application** An application for a charter for a council shall be made by filing with the Secretary the text of a proposed charter in such form as shall be prescribed by regulation by the Secretary. The text of a proposed charter must contain such information as the Secretary considers necessary or appropriate for carrying out the provisions of this chapter, including—
(1) the name of the council and a provision proclaiming its establishment;
(2) a declaration of the purposes and objectives of the council;
(3) a description of the species of fish and fish products for which the council will implement marketing and promotion plans under [section 4010 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4010&num=0&edition=prelim);
(4) the identification of each sector and the number and terms of representatives of each sector that will be represented as voting members of the council;
(5) the identification of those sectors (including the sector consisting of harvesters, the sector consisting of receivers, and, if subject to assessment, the sector consisting of importers) subject to a referendum to establish a council under subsection (e) of this section;
(6) a specification for each sector described under paragraph (5) of this subsection of the minimum requirements, as measured by income, volume, or other relevant factors, that a person engaging in business in the sector must meet in order to participate in a referendum;
(7)
(A) a description of the proc
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4009
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities of a council**
(1) Each council shall—
(A) Adopt 11 So in original. Probably should not be capitalized. a seal which shall be judicially noticed;
(B) implement all terms of its charter;
(C) prepare and submit to the Secretary, for review and approval under [section 4011(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4011/a/1&num=0&edition=prelim), a marketing and promotion plan and amendments to such plan which contain descriptions of the projected consumer education, research, and other marketing and promotion activities of the council;
(D) implement and administer an approved marketing and promotion plan and amendments to such plan;
(E) determine the assessments to be made under [section 4012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4012&num=0&edition=prelim) and administer the collection of such assessments to finance council expenses described in paragraph (2) of this subsection;
(F) receive, investigate and report to the Secretary accounts of violations of rules or orders relating to assessments collected under [section 4012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4012&num=0&edition=prelim), or quality standard requirements established under subsection (c) of this section;
(G) prepare and submit to the Secretary, for review and approval under [section 4011(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4011/a/1&num=0&edition=prelim), a budget (on a fiscal year basis) of the anticipated expenses and disbursements of the council, including—
(i) all administrative and contractual expenses;
(ii) the probable costs of consum
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4010
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of petition** Any person subject to assessment under [section 4012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4012&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4011/a/1&num=0&edition=prelim) 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 regarding the petition in accordance with regulations issued by the Secretary. After such a hearing, or if no hearing is requested, after consideration of all documentation and other evidence, the Secretary shall make a ruling upon such petition.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4013
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/b/3&num=0&edition=prelim) 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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2463
TITLE 16—CONSERVATION
§ 4012
(B) provide for public comment and the op-
portunity for a public hearing.
(6) A council may receive, investigate and re-
port to the Secretary accounts of violations of
regulations issued under paragraph (4) of this
subsection.
(7) Any regulation issued under paragraph (4)
of this subsection shall be repealed immediately
by the Secretary upon the termination under
section 4015 of this title of the council that de-
veloped the official identification to which the
regulations apply.
(8) The procedures applicable to the adoption
and the taking effect of a quality standard de-
veloped under this subsection also apply to a
subsequent amendment or the termination of
such standard.
(d) Amendment of a charter
A council may submit to the Secretary
amendments to the text of the council’s charter.
Any proposed amendments to a charter shall be
approved or disapproved in the same manner as
the original charter was approved under section
4009(d) and (e) of this title, with the exception of
section 4009(d)(1)(B) of this title.
(Pub. L. 99–659, title II, § 211, Nov. 14, 1986, 100
Stat. 3724.)
§ 4011. Functions and powers of Secretary
(a) Duties of the Secretary
In addition to the duties prescribed under sec-
tion 4009 of this title, the Secretary shall—
(1) review, for consistency with the provi-
sions of this chapter and other applicable law,
and approve or disapprove, marketing and pro-
motion plans and budgets within sixty days
after their submission by a council;
(2) immediately notify a council in writing
of the disapproval of a marketing and pro-
motion plan or budget, together with reasons
for such disapproval;
(3) issue orders and amendments to such or-
ders that are necessary to implement quality
standards
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4012
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