§4009 Establishment of seafood marketing councils

Summary

People who meet certain rules can apply to create a seafood marketing council for one or more fish species. The application must give a proposed charter with the council’s name, goals, the species covered, which industry sectors will vote and how many representatives each will have, which sectors will take part in a referendum (including harvesters, receivers, and importers if they will be assessed), the minimum eligibility for voters in those sectors (measured by income, volume, or similar), how assessment rates will be set, the proposed first-year rate for receivers and importers, limits on how much rates can be raised and the maximum rates, rules for quorum and choosing a chair, proxy voting rules, and any other needed administrative details. The Secretary has 180 days to check eligibility, whether a petition has signatures from at least three sector participants in each referendum sector who together handled at least 10 percent of the value in the past 12 months, and whether the charter follows the law. If approved, a referendum must be held within 90 days. The charter is approved only if a majority in each sector votes yes and those yes-votes represent at least 66 percent of the sector’s value in the prior 12 months. The Secretary must publish the charter and voter list at least 30 days before the vote, pay referendum costs (the council must repay them within two years), require a bond from applicants before the vote, solicit nominations within 30 days after approval, appoint members within 60 days after nominations, fill vacancies within 60 days, remove members on a two-thirds council recommendation for cause, and note that the council is not a U.S. government agency.