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16 U.S.C. § 4003 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, the term—
(1) “consumer education” means actions undertaken to inform consumers on matters related to the consumption of fish and fish products;
(2) “council” means a seafood promotional council established under [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009&num=0&edition=prelim);
(3) “fish” means finfish, mollusks, crustaceans, and all other forms of aquatic animal life used for human consumption; the term does not include marine mammals and seabirds;
(4) “Fund” means the Fisheries Promotional Fund established in [section 4008 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4008&num=0&edition=prelim);
(5) “harvester” means any individual who is in the business of catching or growing fish for purposes of sale;
(6) “importer” means any person in the business of importing fish or fish products into the United States from another country for commercial purposes or who acts as an agent, broker, or consignee for any person or nation that produces, processes or markets fish or fish products outside of the United States for sale or other commercial purpose in the United States;
(7) “marketer” means any person who is in the business of selling fish or fish products in the wholesale, retail, or restaurant trade, but whose primary business function is not the processing or packaging of fish or fish products in preparation for sale;
(8) “marketing and promotion” means an activity aimed at encouraging the consumption of fish or fish products or expanding or maintaining commercial markets for fish or fish products;
(9) “member” means any person serving on the National Council or on any council;
(10) “National Council” means the National Fish a
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Stable record: federal_law:legal_authorities:record_usc_fcdb41a67ac67f72e6a6171c
Source file: Laws/federal/codes/united-states-code/title-16/section-4003-definitions--8cad413cbe.md
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Source location: Title 16, Chapter 60, § 4003; chapter-060-fish-and-seafood-promotion.md
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As used in this chapter, the term—
(1) “consumer education” means actions undertaken to inform consumers on matters related to the consumption of fish and fish products;
(2) “council” means a seafood promotional council established under [section 4009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4009&num=0&edition=prelim);
(3) “fish” means finfish, mollusks, crustaceans, and all other forms of aquatic animal life used for human consumption; the term does not include marine mammals and seabirds;
(4) “Fund” means the Fisheries Promotional Fund established in [section 4008 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4008&num=0&edition=prelim);
(5) “harvester” means any individual who is in the business of catching or growing fish for purposes of sale;
(6) “importer” means any person in the business of importing fish or fish products into the United States from another country for commercial purposes or who acts as an agent, broker, or consignee for any person or nation that produces, processes or markets fish or fish products outside of the United States for sale or other commercial purpose in the United States;
(7) “marketer” means any person who is in the business of selling fish or fish products in the wholesale, retail, or restaurant trade, but whose primary business function is not the processing or packaging of fish or fish products in preparation for sale;
(8) “marketing and promotion” means an activity aimed at encouraging the consumption of fish or fish products or expanding or maintaining commercial markets for fish or fish products;
(9) “member” means any person serving on the National Council or on any council;
(10) “National Council” means the National Fish and Seafood Promotional Council established in [section 4004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4004&num=0&edition=prelim);
(11) “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any private entity organized or existing under the laws of the United States or any State, commonwealth, territory or possession of the United States;
(12) “processor” means any person who is in the business of preparing or packaging fish or fish products (including fish of the processor’s own harvesting) for sale;
(13) “receiver” means any person who owns fish processing vessels and any person in the business of acquiring fish directly from harvesters;
(14) “research” means any type of research designed to advance the image, desirability, usage, marketability, production or quality of fish and fish products;
(15) “sector” means—
(A) the sector consisting of harvesters;
(B) the sector consisting of importers;
(C) the sector consisting of marketers;
(D) the sector consisting of processors;
(E) the sector consisting of receivers; or
(F) the consumer sector consisting of persons professionally engaged in the dissemination of information pertaining to the nutritional benefits and preparation of fish and fish products;
(16) “Secretary” means the Secretary of Commerce, or the Secretary’s designee; and
(17) “United States” means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other territory, possession, or commonwealth of the United States.
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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) Establishment** There is established the National Fish and Seafood Promotional Council.
**(b) Composition**
(1) The National Council shall be composed of the Secretary, who shall be a nonvoting member, and fifteen voting members appointed by the Secretary.
(2) Nominations for appointees shall be submitted in a manner prescribed by the Secretary.
**(c) Regional representation** The National Council shall be comprised of regional representation from the Northeast, Southeast, Pacific, and Alaska regions. The Northeast region shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Pennsylvania, Maryland and Virginia. The Southeast region shall consist of the States of North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas, the Commonwealth of Puerto Rico, and the territory of the Virgin Islands. The Pacific region shall consist of the States of Idaho, Washington, Oregon, California, and Hawaii, the territories of Guam and American Samoa, and the Commonwealth of the Northern Mariana Islands. The Alaska region shall consist of the State of Alaska.
**(d) Voting members**
(1) The voting members of the National Council shall be—
(A) three members who reside in or do substantial fishing industry business in the Northeast region;
(B) three members who reside in or do substantial fishing industry business in the Southeast region;
(C) three members who reside in or do substantial fishing industry business in the Pacific region;
(D) three members who reside in or do substantial fishing industry business in the Alaska region;
(E) two members-at-large with demonstrated expertise in fresh-water and inland commercial fisheries, at least one of whom is not
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Fund** There is established in the Treasury of the United States a Fisheries Promotional Fund. The Fund shall be available, to the extent provided for in appropriation Acts, for the purpose of making payments to carry out the annual marketing and promotion plan and annual budget of the National Council under this chapter.
**(b) Deposits** There shall be deposited in the Fund—
(1) the moneys transferred to the Fund under [section 713c–3(b)(2) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section713c–3/b/2&num=0&edition=prelim);
(2) payments made voluntarily pursuant to [section 4007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4007&num=0&edition=prelim); and
(3) receipts from investments made under subsection (c) of this section.
**(c) Deposits and investments** Sums in the Fund that are not currently needed for the purposes of the Fund shall be kept on deposit in appropriate interest-bearing accounts that shall be established by the Secretary of the Treasury, or invested in obligations of, or guaranteed by, the United States. Any revenue accruing from such deposits and investments shall be deposited in the Fund.
**(d) Authorization** There are authorized to be appropriated from the Fund, for the purposes of carrying out the annual marketing and promotion plan and annual budget of the National Council under this chapter, such sums as are deposited in the Fund under subsection (b) of this section in each fiscal year beginning in fiscal year 1987 through fiscal year 1991.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2457
TITLE 16—CONSERVATION
§ 4004
(4) help the United States fishing industry
develop methods to improve quality and effi-
ciency in the marketplace;
(5) educate and inform consumers on the use
of fish;
(6) develop better coordination of fisheries
marketing and promotion activities with com-
mercial fisheries research and development
programs; and
(7) educate and inform the public about the
nutritional value of fish in the diet.
(Pub. L. 99–659, title II, § 203, Nov. 14, 1986, 100
Stat. 3716.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title II of Pub. L. 99–659, Nov. 14,
1986, 100 Stat. 3715, which is classified principally to
this chapter. For complete classification of title II to
the Code, see Short Title note set out under section
4001 of this title and Tables.
§ 4003. Definitions
As used in this chapter, the term—
(1) ‘‘consumer education’’ means actions un-
dertaken to inform consumers on matters re-
lated to the consumption of fish and fish prod-
ucts;
(2) ‘‘council’’ means a seafood promotional
council established under section 4009 of this
title;
(3) ‘‘fish’’ means finfish, mollusks, crusta-
ceans, and all other forms of aquatic animal
life used for human consumption; the term
does
not
include
marine
mammals
and
seabirds;
(4) ‘‘Fund’’ means the Fisheries Promotional
Fund established in section 4008 of this title;
(5) ‘‘harvester’’ means any individual who is
in the business of catching or growing fish for
purposes of sale;
(6) ‘‘importer’’ means any person in the busi-
ness of importing fish or fish products into the
United States from another country for com-
mercial purposes or who acts as an agent,
broker, or consignee for any person or nation
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4003
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