16 U.S.C. § 4002 — Congressional statement of purpose

Page 2456 TITLE 16—CONSERVATION § 4001 (A) any authority, regulatory determina- tion, or legal obligation in effect the day be- fore December 16, 2016; or (B) the obligations or requirements of any Federal environmental law. (e) Sunset No new environmental bank may be created or approved pursuant to this section after the date that is 14 years after December 16, 2016. (Pub. L. 101–646, title III, § 309, as added Pub. L. 114–322, title IV, § 5014, Dec. 16, 2016, 130 Stat. 1903; amended Pub. L. 117–263, div. H, title LXXXI, § 8382(c), Dec. 23, 2022, 136 Stat. 3828; Pub. L. 118–272, div. A, title III, § 1303(c), Jan. 4, 2025, 138 Stat. 3114.) Editorial Notes REFERENCES IN TEXT Section 404 of the Federal Water Pollution Control Act, referred to in subsec. (b)(4), is section 404 of act June 30, 1948, ch. 758, which is classified to section 1344 of Title 33, Navigation and Navigable Waters. Section 1342 of Title 33 is section 402 of the Act. The Endangered Species Act, referred to in subsecs. (b)(4) and (d)(1)(B), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. Enactment of the Water Resources Development Act of 2016, referred to in subsec. (b)(4), means the enact- ment of title I of Pub. L. 114–322, which was approved Dec. 16, 2016. The Federal Water Pollution Control Act, referred to in subsec. (d)(1)(A), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Oil Pollution Act of 1990, referred to in subsec. (d)(1)(C), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, which is classified principally to chapter 40 (§ 2701 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 33 and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (d)(1)(D), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2025—Subsec. (e). Pub. L. 118–272 substituted ‘‘14’’ for ‘‘12’’. 2022—Subsec. (e). Pub. L. 117–263 substituted ‘‘12’’ for ‘‘10’’. CHAPTER 60—FISH AND SEAFOOD PROMOTION Sec. 4001. Congressional findings. 4002. Congressional statement of purpose. 4003. Definitions. 4004. Establishment of National Council. 4005. Functions and duties of National Council. 4006. Duties of Secretary with regard to National Council. 4007. Voluntary payments. Sec. 4008. Establishment of Fisheries Promotional Fund. 4009. Establishment of seafood marketing councils. 4010. Functions and powers of councils. 4011. Functions and powers of Secretary. 4012. Assessments. 4013. Petitions. 4014. Refunds. 4015. Termination of a council. 4016. Enforcement. 4017. Investigations. § 4001. Congressional findings The Congress finds that— (1) the commercial fishing industry of the United States significantly contributes to the national economy, and could make a greater contribution if fish resources within the United States Exclusive Economic Zone were more fully utilized; (2) the commercial fisheries of the United States provide significant employment in coastal areas and in processing and distribu- tion centers; (3) fish contribute an important nutritional component to the American diet; (4) increased consumption of seafood in the United States could significantly lower the risk of many cardiovascular diseases; (5) Federally supported development pro- grams for commercial fisheries are unable to meet present and future marketing needs; (6) many fish species are underutilized by the United States fishing industry because of underdeveloped markets; and (7) the United States fishing industry has the potential to expand greatly its contribu- tion to interstate and foreign commerce, fa- vorably affecting the balance of trade. (Pub. L. 99–659, title II, § 202, Nov. 14, 1986, 100 Stat. 3715.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–659, title II, § 201, Nov. 14, 1986, 100 Stat. 3715, provided that: ‘‘This title [enacting this chapter and amending section 713c–3 of Title 15, Commerce and Trade] may be cited as the ‘Fish and Seafood Pro- motion Act of 1986’.’’ REPORT TO CONGRESS ON FISH AND SEAFOOD PROMOTION Pub. L. 99–659, title II, § 219, Nov. 14, 1986, 100 Stat. 3731, provided that: ‘‘The Secretary shall, not later than March 1, 1989, submit to the Congress a report on the effectiveness of the implementation of this title [enacting this chapter and amending section 713c–3 of Title 15, Commerce and Trade] in achieving the pur- poses of this title.’’ § 4002. Congressional statement of purpose The purpose of this chapter is to— (1) strengthen the competitive position of the United States commercial fishing industry in the domestic and international market- place; (2) encourage the development and utiliza- tion of all species of fish available for harvest by the United States fishing industry; (3) encourage the utilization of domesti- cally-produced fish through enhancement of markets, promotion, and public relations; 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—