§ 4012. — Assessments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4012]
TITLE 16--CONSERVATION
CHAPTER 60--FISH AND SEAFOOD PROMOTION
Sec. 4012. Assessments
(a) Authority
A council shall impose and administer the collection 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 importing sector, or both, as specified in an
approved 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 section 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 receiver 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 percentage of the value, as determined for the
purposes of the customs laws, of the fish or fish products described in
accordance with section 4009(b)(3) of this title when entered, or
withdrawn from warehouse for consumption, in the customs territory of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
section 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
functions.
(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 eligible to be collected
or received by a council shall be limited to those authorized under this
section.
(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. Except as provided in paragraphs (2)
and (3) of this subsection, any information obtained in carrying out
this subsection shall be kept confidential by all officers and employees
of the Department of Commerce, independent accountants and other persons
who have access to such information.
(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 obtained under paragraph (1) of this subsection to
the extent allowed by the judicial or administrative officer presiding
over such suit or action.
(3) This subsection shall not prohibit--
(A) the issuance of general or statistical statements based upon
reports of a number of persons subject to the provisions of this
chapter which do not identify the information furnished by any
person; or
(B) the publication by direction of the Secretary of the name of
any person violating a requirement relating to an assessment imposed
under subsection (a) of this section or to quality standards
implemented by the Secretary under section 4010(c) of this title,
and a statement of the particular provisions of the requirement
violated by such person.
(4) Any individual who is required to keep information confidential
under this subsection and who knowingly violates this subsection shall,
upon conviction, be--
(A) subject to a fine of not more than $1,000 or to imprisonment
for not more than one year, or both; and
(B) removed from office if an officer or employee of a council
or the Department of Commerce.
(Pub. L. 99-659, title II, Sec. 213, Nov. 14, 1986, 100 Stat. 3727.)
Section Referred to in Other Sections
This section is referred to in sections 4009, 4010, 4013, 4015 of
this title.
