16 U.S.C. § 4012 — Assessments

(a) Authority. A council must impose and collect assessments needed to pay all expenses of its chapter functions.

(b) Method of imposition. (1) An approved charter specifies whether assessments fall on receiving-sector participants, importing-sector participants, or both. (2) For a receiving participant other than a fish-processing-vessel owner, the assessment is a percentage of the covered fish’s value when bought from harvesters. For a vessel owner, it is a percentage of the covered fish’s value harvested by the vessel, no less than the value it would have had if bought by another receiver. (3) For an importer, it is a percentage of the customs-law value when covered fish or products enter, or are withdrawn from warehouse for consumption in, the United States.

(c) Prohibition on assessment. A council may not assess someone who could not vote in the establishing referendum because the person failed section 4009(b)(6)’s requirements, unless the person later meets those requirements.

(d) Voluntary payments. Anyone may voluntarily pay money or contribute goods or services to help the council.

(e) Deposit of funds. The council must deposit all money received under this section in the charter-specified account, and may collect or receive only money authorized here.

(f) Information. (1) Sector participants must provide information and data needed to administer or enforce this chapter and its orders or regulations. Officers and employees of Commerce, independent accountants, and others with access must keep it confidential unless paragraphs (2) or (3) applies. (2) If the Secretary or a United States employee is a party to a suit or administrative action about an assessment, order, or regulation, the Secretary may disclose information as the presiding judicial or administrative officer allows. (3) Confidentiality does not prevent anonymous general or statistical statements based on multiple reports, or publication directed by the Secretary of a violator’s name and the particular assessment or quality-standard requirement violated. (4) A person required to keep information confidential who knowingly violates this subsection, when convicted, may be fined up to $1,000 or imprisoned up to one year or both, and a council or Commerce officer or employee must be removed from office.