16 U.S.C. § 4012 : US Code - Section 4012: Assessments

Search 16 U.S.C. § 4012 : US Code - Section 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    entered, or withdrawn from warehouse for consumption, in the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.