---
kind: "section"
citation: "16 U.S.C. § 4005"
title: "16"
title_heading: "Conservation"
number: "4005"
heading: "Functions and duties of National Council"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4005"
units:
  - "Chapter 60 — Fish and Seafood Promotion"
---

# §4005. Functions and duties of National Council

- (a) **Functions and duties—** The [National Council](/usc/16/4003.md?p=10) shall—
  - (1) prepare and submit to the [Secretary](/usc/16/4003.md?p=16), for the [Secretary](/usc/16/4003.md?p=16)’s review and approval, an annual [marketing and promotion](/usc/16/4003.md?p=8) plan which contains descriptions of [consumer education](/usc/16/4003.md?p=1), [research](/usc/16/4003.md?p=14), and other [marketing and promotion](/usc/16/4003.md?p=8) activities of the [National Council](/usc/16/4003.md?p=10) for the following year, including plans to coordinate the activities of [councils](/usc/16/4003.md?p=2) established under [section 4009 of this title](/usc/16/4009.md);
  - (2) prepare and submit to the [Secretary](/usc/16/4003.md?p=16), for the [Secretary](/usc/16/4003.md?p=16)’s review and approval, an annual budget of the anticipated expenses and disbursements of the [National Council](/usc/16/4003.md?p=10), including probable costs of [consumer education](/usc/16/4003.md?p=1), [research](/usc/16/4003.md?p=14), and other [marketing and promotion](/usc/16/4003.md?p=8) plans or [projects](/usc/16/410r–5.md?p=c-4), and referenda under [section 4009 of this title](/usc/16/4009.md);
  - (3) maintain accounting records of the receipt and disbursement of all [funds](/usc/16/4003.md?p=4) entrusted to the [National Council](/usc/16/4003.md?p=10), subject to the [Secretary](/usc/16/4003.md?p=16)’s right to review or inspect such records;
  - (4) maintain such books and records as the [Secretary](/usc/16/4003.md?p=16) determines appropriate; and
  - (5) prepare and submit to the [Secretary](/usc/16/4003.md?p=16) from time to time such reports or proposals as the [Secretary](/usc/16/4003.md?p=16) or the [National Council](/usc/16/4003.md?p=10) determines appropriate for furthering the purposes and policies of this chapter.
- (b) **Annual plan—** Each annual [marketing and promotion](/usc/16/4003.md?p=8) plan shall be directed to—
  - (1) increasing the general demand for [fish and fish products](/usc/16/1826c.md?p=1);
  - (2) encouraging, expanding, or improving the [marketing and promotion](/usc/16/4003.md?p=8) and utilization of [fish and fish products](/usc/16/1826c.md?p=1); and
  - (3) improving the dissemination of data collected by [consumer education](/usc/16/4003.md?p=1), [research](/usc/16/4003.md?p=14), and other marketing promotion activities.
- (c) **Prohibition on certain references—** [Consumer education](/usc/16/4003.md?p=1) and other [marketing and promotion](/usc/16/4003.md?p=8) activities of the [National Council](/usc/16/4003.md?p=10) shall contain no reference to a private brand or trade name and shall avoid use of deceptive acts or practices in behalf of [fish](/usc/16/4003.md?p=3) or [fish](/usc/16/4003.md?p=3) products or with respect to the quality, value, or use of any competing product or group of products. In [addition](/usc/16/410r–5.md?p=c-2), the [National Council](/usc/16/4003.md?p=10) may not promote the consumption or purchase of a single or group of similar [fish](/usc/16/4003.md?p=3) species (such as [members](/usc/16/4003.md?p=9) of the same genera); except that the [Council](/usc/16/4003.md?p=2) may use illustrations of a single or group of similar [fish](/usc/16/4003.md?p=3) species in the course of promoting the generic consumption of [fish and fish products](/usc/16/1826c.md?p=1).
- (d) **Executive director—** The [National Council](/usc/16/4003.md?p=10) may employ and determine the salary of an executive director, but such salary shall not exceed Senior Executive Service Level 6. The executive director shall have demonstrated expertise in the [marketing and promotion](/usc/16/4003.md?p=8) of food products and may, without regard to the provisions of [title 5](/usc/5.md), with the approval of the [National Council](/usc/16/4003.md?p=10), select and employ additional staff as necessary.
- (e) **Funding of referendum—** The [National Council](/usc/16/4003.md?p=10) may enter into agreements with applicants proposing to establish a [council](/usc/16/4003.md?p=2) under [section 4009 of this title](/usc/16/4009.md) for the purposes of funding a referendum establishing the [council](/usc/16/4003.md?p=2). The [National Council](/usc/16/4003.md?p=10) may enter into agreements with the [councils](/usc/16/4003.md?p=2) established under [section 4009 of this title](/usc/16/4009.md) for the purpose of funding a referendum to establish quality standards, or a referendum to terminate any such [council](/usc/16/4003.md?p=2).
- (f) **Agreements—** The [National Council](/usc/16/4003.md?p=10) may enter into agreements to develop and carry out activities authorized under this chapter.
- (g) **Termination of National Council—** The [National Council](/usc/16/4003.md?p=10) shall cease to exist on December 31, 1991.

## Source credit

(Pub. L. 99–659, title II, § 206, Nov. 14, 1986, 100 Stat. 3718; Pub. L. 101–627, title VII, § 701, Nov. 28, 1990, 104 Stat. 4463.)

## Notes

### Editorial Notes

### References in Text

Senior Executive Service, referred to in subsec. (d), see section 5382 of Title 5, Government Organization and Employees.

### Amendments

1990—Subsec. (g). Pub. L. 101–627 substituted “December 31, 1991” for “October 1, 1990”.

### Statutory Notes and Related Subsidiaries

### Continuity of Council Functions, Contracts, and Personnel

Pub. L. 101–627, title VII, § 705, Nov. 28, 1990, 104 Stat. 4464, provided that: “All current functions, contracts in force, and existing personnel of the National Fish and Seafood Promotional Council as of September 30, 1990, are reauthorized and extended, and shall continue as if uninterrupted, notwithstanding section 206(g) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4005(g)) as in effect on September 30, 1990.”