16 U.S.C. § 4008 — Establishment of Fisheries Promotional

Page 2459 TITLE 16—CONSERVATION § 4008 competing product or group of products. In addi- tion, the National Council may not promote the consumption or purchase of a single or group of similar fish species (such as members of the same genera); except that the Council may use illustrations of a single or group of similar fish species in the course of promoting the generic consumption of fish and fish products. (d) Executive director The National Council may employ and deter- mine the salary of an executive director, but such salary shall not exceed Senior Executive Service Level 6. The executive director shall have demonstrated expertise in the marketing and promotion of food products and may, with- out regard to the provisions of title 5, with the approval of the National Council, select and em- ploy additional staff as necessary. (e) Funding of referendum The National Council may enter into agree- ments with applicants proposing to establish a council under section 4009 of this title for the purposes of funding a referendum establishing the council. The National Council may enter into agreements with the councils established under section 4009 of this title for the purpose of funding a referendum to establish quality stand- ards, or a referendum to terminate any such council. (f) Agreements The National Council may enter into agree- ments to develop and carry out activities au- thorized under this chapter. (g) Termination of National Council The National Council shall cease to exist on December 31, 1991. (Pub. L. 99–659, title II, § 206, Nov. 14, 1986, 100 Stat. 3718; Pub. L. 101–627, title VII, § 701, Nov. 28, 1990, 104 Stat. 4463.) Editorial Notes REFERENCES IN TEXT Senior Executive Service, referred to in subsec. (d), see section 5382 of Title 5, Government Organization and Employees. AMENDMENTS 1990—Subsec. (g). Pub. L. 101–627 substituted ‘‘Decem- ber 31, 1991’’ for ‘‘October 1, 1990’’. Statutory Notes and Related Subsidiaries CONTINUITY OF COUNCIL FUNCTIONS, CONTRACTS, AND PERSONNEL Pub. L. 101–627, title VII, § 705, Nov. 28, 1990, 104 Stat. 4464, provided that: ‘‘All current functions, contracts in force, and existing personnel of the National Fish and Seafood Promotional Council as of September 30, 1990, are reauthorized and extended, and shall continue as if uninterrupted, notwithstanding section 206(g) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4005(g)) as in effect on September 30, 1990.’’ § 4006. Duties of Secretary with regard to Na- tional Council (a) Duties of Secretary The Secretary shall— (1) within sixty days after its submission by the National Council, review the annual mar- keting and promotion plan and budget and, if the Secretary determines that such plan and budget are in accordance with the purposes and policies of this chapter, approve such plan and budget; (2) administer the Fund and, in accordance with subsection (b) of this section, withdraw from the Fund such sums as are necessary to carry out the National Council’s approved marketing and promotion plan and budget; (3) promulgate regulations necessary to carry out the purposes and policies of this chapter; (4) provide such administrative assistance as the National Council may require for purposes of its initial organization and operation; and (5) make all initial appointments to the Na- tional Council within ninety days after No- vember 14, 1986. (b) Withdrawal of funds The Secretary shall make withdrawals of sums from the Fund under this section at the request of the National Council, unless the Secretary de- termines that the purposes for which such sums are requested are not reasonably likely to fur- ther the purposes and policies of this chapter. (Pub. L. 99–659, title II, § 207, Nov. 14, 1986, 100 Stat. 3719; Pub. L. 101–627, title VII, § 704(c), Nov. 28, 1990, 104 Stat. 4464.) Editorial Notes AMENDMENTS 1990—Subsec. (a)(5). Pub. L. 101–627 inserted ‘‘initial’’ before ‘‘appointments’’. § 4007. Voluntary payments Any person may make voluntary payments to assist the National Council to carry out its an- nual marketing and promotion plan and annual budget. The Secretary shall deposit such pay- ments into the Fund. (Pub. L. 99–659, title II, § 208, Nov. 14, 1986, 100 Stat. 3720.) § 4008. Establishment of Fisheries Promotional Fund (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 pro- vided for in appropriation Acts, for the purpose of making payments to carry out the annual marketing and promotion plan and annual budg- et 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; (2) payments made voluntarily pursuant to section 4007 of this title; and (3) receipts from investments made under subsection (c) of this section. (c) Deposits and investments Sums in the Fund that are not currently need- ed for the purposes of the Fund shall be kept on deposit in appropriate interest-bearing accounts Page 2460 TITLE 16—CONSERVATION § 4009 that shall be established by the Secretary of the Treasury, or invested in obligations of, or guar- anteed by, the United States. Any revenue ac- cruing 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 an- nual 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. (Pub. L. 99–659, title II, § 209, Nov. 14, 1986, 100 Stat. 3720; Pub. L. 101–627, title VII, § 702, Nov. 28, 1990, 104 Stat. 4463.) Editorial Notes CODIFICATION Section is comprised of section 209 of Pub. L. 99–659. Subsec. (e) of section 209 of Pub. L. 99–659 amended sec- tion 713c–3 of Title 15, Commerce and Trade. AMENDMENTS 1990—Subsec. (d). Pub. L. 101–627 substituted ‘‘1991’’ for ‘‘1990’’. § 4009. Establishment of seafood marketing coun- cils (a) Application An application for a charter for a seafood mar- keting 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 pre- scribed by regulation by the Secretary. The text of a proposed charter must contain such infor- mation 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 objec- tives of the council; (3) a description of the species of fish and fish products for which the council will imple- ment marketing and promotion plans under section 4010 of this title; (4) the identification of each sector and the number and terms of representatives of each sector that will be represented as voting mem- bers of the council; (5) the identification of those sectors (in- cluding the sector consisting of harvesters, the sector consisting of receivers, and, if sub- ject to assessment, the sector consisting of importers) subject to a referendum to estab- lish a council under subsection (e) of this sec- tion; (6) a specification for each sector described under paragraph (5) of this subsection of the minimum requirements, as measured by in- come, volume, or other relevant factors, that a person engaging in business in the sector must meet in order to participate in a ref- erendum; (7)(A) a description of the procedures for de- termining assessment rates under section 4012 of this title; (B) the proposed rate or rates that will be imposed by the council on receivers and, if subject to assessment, importers during its first year of operation; (C) the maximum amount an assessment rate for any period may be raised above the rate applicable for the immediately preceding period; and (D) the maximum rate or rates that can be imposed by a council on receivers or importers during the operation of the council; (8) a provision setting forth the definition of a quorum for making decisions on council business and the procedures for selecting a chairman of the council; (9) a provision setting forth the voting pro- cedures by which votes may be cast by proxy; and (10) such other provisions relating to admin- istration of the council as the Secretary con- siders necessary. The text of a proposed charter shall be accom- panied by a document identifying, to the extent practicable by address of place of business, the persons (hereinafter referred to as ‘‘sector par- ticipants’’) that are considered by the applicants to meet the requirements specified in paragraph (6) of this subsection. The text of a proposed charter shall include provisions setting forth procedures for providing refunds to those sector participants subject to assessment under section 4012 of this title, and may also include provi- sions which establish a maximum limit on the amount that any one sector participant may be required to pay under an assessment for any pe- riod. (c) Contents of charter The Secretary may not approve a proposed charter filed under subsection (a) of this section unless such charter provides that— (1) the council will have voting members representing the harvesting, receiving and, if subject to assessment, importing sectors; and (2) the members of the council shall serve without compensation, but shall be reim- bursed for their reasonable expenses incurred in performing their duties as members of the council. (d) Review of charter (1) Within 180 days of the receipt of an applica- tion to establish a council, the Secretary shall— (A) identify, to the extent practicable, those sector participants that meet the require- ments for eligibility to participate in the ref- erendum under subsection (e) of this section; (B) determine, to the extent practicable, if the charter is accompanied by a petition com- prised of the signatures or corporate certifi- cations, as the case may be, of no less than three sector participants in each sector identi- fied in accordance with subsection (b)(5) of this section who collectively accounted for, in the twelve-month period immediately pre-