16 USC 4004 – Establishment of National Council
(a) Establishment
There is established the National Fish and Seafood Promotional Council.
(b) Composition
Terms Used In 16 USC 4004
- council: means a seafood promotional council established under section 4009 of this title. See 16 USC 4003
- fish: means finfish, mollusks, crustaceans, and all other forms of aquatic animal life used for human consumption. See 16 USC 4003
- harvester: means any individual who is in the business of catching or growing fish for purposes of sale. See 16 USC 4003
- marketer: means any person who is in the business of selling fish or fish products in the wholesale, retail, or restaurant trade, but whose primary business function is not the processing or packaging of fish or fish products in preparation for sale. See 16 USC 4003
- member: means any person serving on the National Council or on any council. See 16 USC 4003
- National Council: means the National Fish and Seafood Promotional Council established in section 4004 of this title. See 16 USC 4003
- person: means any individual, group of individuals, partnership, corporation, association, cooperative, or any private entity organized or existing under the laws of the United States or any State, commonwealth, territory or possession of the United States. See 16 USC 4003
- processor: means any person who is in the business of preparing or packaging fish or fish products (including fish of the processor's own harvesting) for sale. See 16 USC 4003
- Quorum: The number of legislators that must be present to do business.
- receiver: means any person who owns fish processing vessels and any person in the business of acquiring fish directly from harvesters. See 16 USC 4003
- Secretary: means the Secretary of Commerce, or the Secretary's designee. See 16 USC 4003
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- United States: means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other territory, possession, or commonwealth of the United States. See 16 USC 4003
(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.