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16 U.S.C. § 4013 — Petitions
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.
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Stable record: federal_law:legal_authorities:record_usc_8a6f3ca8a4d02f85e6daad09
Source file: Laws/federal/codes/united-states-code/title-16/section-4013-petitions--83515dd76e.md
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Source location: Title 16, Chapter 60, § 4013; chapter-060-fish-and-seafood-promotion.md
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**(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.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4012
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Federal law — U.S. Code and appendices · legal_authorities
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 pe
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4013
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