16 U.S.C. § 4004 — Establishment of National Council

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 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 prod- ucts in preparation for sale; (8) ‘‘marketing and promotion’’ means an ac- tivity aimed at encouraging the consumption of fish or fish products or expanding or main- taining 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 estab- lished in section 4004 of this title; (11) ‘‘person’’ means any individual, group of individuals, partnership, corporation, associa- tion, cooperative, or any private entity orga- nized 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 har- vesters; (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 per- sons professionally engaged in the dissemi- nation of information pertaining to the nu- tritional 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. (Pub. L. 99–659, title II, § 204, Nov. 14, 1986, 100 Stat. 3716.) § 4004. Establishment of National Council (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 mem- ber, and fifteen voting members appointed by the Secretary. (2) Nominations for appointees shall be sub- mitted in a manner prescribed by the Secretary. (c) Regional representation The National Council shall be comprised of re- gional 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 Is- lands. The Alaska region shall consist of the State of Alaska. (d) Voting members (1) The voting members of the National Coun- cil shall be— Page 2458 TITLE 16—CONSERVATION § 4005 (A) three members who reside in or do sub- stantial fishing industry business in the Northeast region; (B) three members who reside in or do sub- stantial fishing industry business in the Southeast region; (C) three members who reside in or do sub- stantial fishing industry business in the Pa- cific region; (D) three members who reside in or do sub- stantial fishing industry business in the Alas- ka region; (E) two members-at-large with demonstrated expertise in fresh-water and inland commer- cial fisheries, at least one of whom is not a resident of the States of the Alaska, Pacific, Southeast, and Northeast regions; and (F) one member-at-large who is either a per- son professionally engaged in the dissemina- tion of information pertaining to the nutri- tional benefits and preparation of fish and fish products or a person who is a member of an or- ganized labor union and has expertise in the United States fisheries. (2) Of the members appointed pursuant to each of paragraphs (1)(A) through (D) of this sub- section, one shall be a harvester, one shall be a processor or a receiver, and one shall be a mar- keter. (e) Term of office Members of the National Council shall be ap- pointed for a term of 4 years. A vacancy in the National Council shall not affect its ability to function. The Secretary shall appoint a new member within sixty days to fill a vacancy in an unexpired term. Any member may remain on the National Council beyond that member’s term until a successor is appointed. (f) Chairman The National Council shall annually elect a Chairman by a majority of those voting, if a quorum is present. Ten members of the National Council shall constitute a quorum, but a lesser number may hold hearings. (g) First meeting The National Council shall first meet within one hundred and eighty days after November 14, 1986. (h) Compensation of members Members of the National Council shall serve without compensation, but shall be reimbursed in accordance with section 5703 of title 5 for rea- sonable travel costs and expenses incurred in performing their duties as members of the Na- tional Council. (Pub. L. 99–659, title II, § 205, Nov. 14, 1986, 100 Stat. 3717; Pub. L. 100–350, § 3, June 27, 1988, 102 Stat. 660.) Editorial Notes AMENDMENTS 1988—Subsec. (d)(1)(E). Pub. L. 100–350 which directed the substitution of ‘‘, at least one of whom is not a resident of the States of the Alaska, Pacific, Southeast, and Northeast regions’’ for ‘‘and who are not residents of the States of the Alaska, Pacific, Southeast, or Northeast regions’’ was executed by substituting that phrase for ‘‘and who are not residents of the states of the Alaska, Pacific, Southeast, or Northeast regions’’. Statutory Notes and Related Subsidiaries CONTINUITY OF NATIONAL COUNCIL MEMBERSHIP Pub. L. 101–627, title VII, § 704(a), (b), Nov. 28, 1990, 104 Stat. 4464, provided that: ‘‘(a) UNINTERRUPTED SERVICE.—Individuals serving on September 30, 1990, as members of the National Fish and Seafood Promotional Council shall be deemed to continue as members in uninterrupted service since the date of their initial appointment. ‘‘(b) FILLING OF VACANCIES.—Notwithstanding section 206(e) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4005(e)), any vacancy on the National Fish and Seafood Promotion Act [Promotional Council] not filled as of September 30, 1990, shall be filled within 60 days after the date of enactment of this Act [Nov. 28, 1990].’’ § 4005. Functions and duties of National Council (a) Functions and duties The National Council shall— (1) prepare and submit to the Secretary, for the Secretary’s review and approval, an an- nual marketing and promotion plan which contains descriptions of consumer education, research, and other marketing and promotion activities of the National Council for the fol- lowing year, including plans to coordinate the activities of councils established under section 4009 of this title; (2) prepare and submit to the Secretary, for the Secretary’s review and approval, an an- nual budget of the anticipated expenses and disbursements of the National Council, includ- ing probable costs of consumer education, re- search, and other marketing and promotion plans or projects, and referenda under section 4009 of this title; (3) maintain accounting records of the re- ceipt and disbursement of all funds entrusted to the National Council, subject to the Sec- retary’s right to review or inspect such records; (4) maintain such books and records as the Secretary determines appropriate; and (5) prepare and submit to the Secretary from time to time such reports or proposals as the Secretary or the National Council determines appropriate for furthering the purposes and policies of this chapter. (b) Annual plan Each annual marketing and promotion plan shall be directed to— (1) increasing the general demand for fish and fish products; (2) encouraging, expanding, or improving the marketing and promotion and utilization of fish and fish products; and (3) improving the dissemination of data col- lected by consumer education, research, and other marketing promotion activities. (c) Prohibition on certain references Consumer education and other marketing and promotion activities of the National Council shall contain no reference to a private brand or trade name and shall avoid use of deceptive acts or practices in behalf of fish or fish products or with respect to the quality, value, or use of any