16 U.S.C. § 4011 — Functions and powers of Secretary

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 (7) Any regulation issued under paragraph (4) of this subsection shall be repealed immediately by the Secretary upon the termination under section 4015 of this title of the council that de- veloped the official identification to which the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 under section 4010(c) of this title; (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; and (6) make all appointments to councils in ac- cordance with section 4009(f) of this title. (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 oper- ation of the council. (Pub. L. 99–659, title II, § 212, Nov. 14, 1986, 100 Stat. 3726.) § 4012. Assessments (a) Authority A council shall impose and administer the col- lection 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 im- porting sector, or both, as specified in an ap- proved 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 sec- tion 4009(b)(3) of this title 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 and harvested by such a vessel that is no less than the value of such fish, if such fish had been purchased by a re- ceiver 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 per- centage of the value, as determined for the pur- poses of the customs laws, of the fish or fish products described in accordance with section 4009(b)(3) of this title when entered, or with- drawn from warehouse for consumption, in the customs territory of the United States by such sector participants. (c) Prohibition on assessment A council may not impose an assessment on any person that was not eligible to vote in the referendum establishing the council under sec- tion 4009(e) of this title by reason of failure to meet the requirements specified under section 4009(b)(6) of this title, unless such person, after the date on which such referendum is held, meets the requirements of section 4009(b)(6) of this title. (d) Voluntary payments Any person may make voluntary payments or in-kind contributions to a council for purposes of assisting the council in carrying out its func- tions. (e) Deposit of funds All funds collected or received by a council under this section shall be deposited by the council in an appropriate account in the name of the council specified in its charter. Funds eligi- ble to be collected or received by a council shall be limited to those authorized under this sec- tion. (f) Information (1) Sector participants shall make available to the Secretary such information and data as is necessary for the effectuation, administration or enforcement of this chapter or any order or regulation issued pursuant to this chapter. Ex- cept as provided in paragraphs (2) and (3) of this subsection, any information obtained in car- rying out this subsection shall be kept confiden- tial by all officers and employees of the Depart- ment of Commerce, independent accountants and other persons who have access to such infor- mation. (2) If the Secretary or an employee of the United States Government is a party to a suit or administrative action involving an assessment, order, or regulation issued under this chapter, the Secretary may disclose information ob- tained under paragraph (1) of this subsection to the extent allowed by the judicial or administra- tive officer presiding over such suit or action.