§ 4004. — Establishment of National Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4004]
TITLE 16--CONSERVATION
CHAPTER 60--FISH AND SEAFOOD PROMOTION
Sec. 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 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 a
resident of the States of the Alaska, Pacific, Southeast, and
Northeast regions; and
(F) one member-at-large who is either a person professionally
engaged in the dissemination of information pertaining to the
nutritional benefits and preparation of fish and fish products or a
person who is a member of an organized 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 subsection, one shall be a harvester, one shall be a
processor or a receiver, and one shall be a marketer.
(e) Term of office
Members of the National Council shall be appointed 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
reasonable travel costs and expenses incurred in performing their duties
as members of the National Council.
(Pub. L. 99-659, title II, Sec. 205, Nov. 14, 1986, 100 Stat. 3717; Pub.
L. 100-350, Sec. 3, June 27, 1988, 102 Stat. 660.)
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''.
Continuity of National Council Membership
Pub. L. 101-627, title VII, Sec. 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].''
Section Referred to in Other Sections
This section is referred to in section 4003 of this title.
