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16 U.S.C. § 4011 — Functions and powers of Secretary
Federal law — U.S. Code and appendices · legal_authorities
**(a) Duties of the Secretary** In addition to the duties prescribed under [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009&num=0&edition=prelim), the Secretary shall—
(1) review, for consistency with the provisions of this chapter and other applicable law, and approve or disapprove, marketing and promotion 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 promotion plan or budget, together with reasons for such disapproval;
(3) issue orders and amendments to such orders that are necessary to implement quality standards under [section 4010(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4010/c&num=0&edition=prelim);
(4) promulgate regulations necessary to carry out the purposes of this chapter;
(5) enforce the provisions of this chapter, as provided under [section 4016 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4016&num=0&edition=prelim); and
(6) make all appointments to councils in accordance with [section 4009(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/f&num=0&edition=prelim).
**(b) Assistance** The Secretary may provide, on a reimbursable or other basis, such administrative or technical assistance as a council may request for purposes of the initial organization and subsequent operation of the council.
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Source file: Laws/federal/codes/united-states-code/title-16/section-4011-functions-and-powers-of-secretary--6c36c81040.md
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Source location: Title 16, Chapter 60, § 4011; chapter-060-fish-and-seafood-promotion.md
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**(a) Duties of the Secretary** In addition to the duties prescribed under [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009&num=0&edition=prelim), the Secretary shall—
(1) review, for consistency with the provisions of this chapter and other applicable law, and approve or disapprove, marketing and promotion 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 promotion plan or budget, together with reasons for such disapproval;
(3) issue orders and amendments to such orders that are necessary to implement quality standards under [section 4010(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4010/c&num=0&edition=prelim);
(4) promulgate regulations necessary to carry out the purposes of this chapter;
(5) enforce the provisions of this chapter, as provided under [section 4016 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4016&num=0&edition=prelim); and
(6) make all appointments to councils in accordance with [section 4009(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009/f&num=0&edition=prelim).
**(b) Assistance** The Secretary may provide, on a reimbursable or other basis, such administrative or technical assistance as a council may request for purposes of the initial organization and subsequent operation of the council.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority**
(1) The district courts of the United States shall have jurisdiction specifically to enforce and to prevent and restrain any person from violating any assessment, order or regulation made or issued under this chapter.
(2)
(A) If a council has reason to believe that a person subject to an assessment, order or regulation made or issued under this chapter is violating such assessment, order or regulation, it may refer the matter to the Secretary.
(B) Except as provided in subparagraphs (C) or (D) of this paragraph, any civil action authorized to be brought under this subsection, when referred by a council under subparagraph (A) of this paragraph, shall be referred to the Attorney General for appropriate action.
(C) If the Secretary believes that the administration and enforcement of the provisions of this chapter would be adequately served by taking administrative action under subsection (b) of this section or by providing written notice or warning to any person committing a violation of this chapter, the Secretary is not required to refer such violation to the Attorney General.
(D) Whenever a matter has been referred by a council under subparagraph (A) of this paragraph and the Secretary or the Attorney General fails within 60 days of such referral to take appropriate action, the council may, upon filing notice with the Secretary or Attorney General, as appropriate, and other interested parties, bring an action in its own name.
**(b) Recovery of costs**
(1)
(A) When a council brings an action under subsection (a)(2) of this section, the council may recover costs of litigation and, where the action is brought to collect an unpaid assessment, interest from the date the amount became due and payable.
(B) Any person who violates any pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4016
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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. § 4011
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