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
(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entered, or withdrawn from warehouse for consumption, in the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
(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.
(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.