--- kind: "section" citation: "16 U.S.C. § 4012" title: "16" title_heading: "Conservation" number: "4012" heading: "Assessments" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/4012" units: - "Chapter 60 — Fish and Seafood Promotion" --- # §4012. Assessments - (a) **Authority—** A [council](/usc/16/4003.md?p=2) shall impose and administer the collection of the assessments that are necessary to pay for all expenses incurred by the [council](/usc/16/4003.md?p=2) in carrying out its functions under this chapter. - (b) **Method of imposition—** - (1) Assessments shall be imposed on [sector](/usc/16/4003.md?p=15) participants in the receiving [sector](/usc/16/4003.md?p=15) or the importing [sector](/usc/16/4003.md?p=15), or both, as specified in an approved [council](/usc/16/4003.md?p=2) charter. - (2) An assessment on [sector](/usc/16/4003.md?p=15) participants in the receiving [sector](/usc/16/4003.md?p=15) shall be— - (A) except for an [owner](/usc/16/429b–3.md?p=4) of a [fish](/usc/16/4003.md?p=3) processing vessel, in the form of a percentage of the value of the [fish](/usc/16/4003.md?p=3) described in accordance with [section 4009(b)(3) of this title](/usc/16/4009.md?p=b-3) when purchased by such participants from [fish](/usc/16/4003.md?p=3) [harvesters](/usc/16/4003.md?p=5); and - (B) for an [owner](/usc/16/429b–3.md?p=4) of a [fish](/usc/16/4003.md?p=3) processing vessel, in the form of a percentage of the value of the [fish](/usc/16/4003.md?p=3) described in accordance with [section 4009(b)(3) of this title](/usc/16/4009.md?p=b-3) and harvested by such a vessel that is no less than the value of such [fish](/usc/16/4003.md?p=3), if such [fish](/usc/16/4003.md?p=3) had been purchased by a [receiver](/usc/16/4003.md?p=13) other than an [owner](/usc/16/429b–3.md?p=4) of such a vessel. - (3) An assessment on [sector](/usc/16/4003.md?p=15) participants in the importing [sector](/usc/16/4003.md?p=15) shall be in the form of a percentage of the value, as determined for the purposes of the customs laws, of the [fish](/usc/16/4003.md?p=3) or [fish](/usc/16/4003.md?p=3) products described in accordance with [section 4009(b)(3) of this title](/usc/16/4009.md?p=b-3) when entered, or withdrawn from warehouse for consumption, in the customs territory of the [United States](/usc/16/4003.md?p=17) by such [sector](/usc/16/4003.md?p=15) participants. - (c) **Prohibition on assessment—** A [council](/usc/16/4003.md?p=2) may not impose an assessment on any [person](/usc/16/4003.md?p=11) that was not eligible to vote in the referendum establishing the [council](/usc/16/4003.md?p=2) under [section 4009(e) of this title](/usc/16/4009.md?p=e) by reason of failure to meet the requirements specified under [section 4009(b)(6) of this title](/usc/16/4009.md?p=b-6), unless such [person](/usc/16/4003.md?p=11), after the date on which such referendum is held, meets the requirements of [section 4009(b)(6) of this title](/usc/16/4009.md?p=b-6). - (d) **Voluntary payments—** Any [person](/usc/16/4003.md?p=11) may make voluntary payments or in-kind contributions to a [council](/usc/16/4003.md?p=2) for purposes of assisting the [council](/usc/16/4003.md?p=2) in carrying out its functions. - (e) **Deposit of funds—** All [funds](/usc/16/4003.md?p=4) collected or received by a [council](/usc/16/4003.md?p=2) under this section shall be deposited by the [council](/usc/16/4003.md?p=2) in an appropriate account in the name of the [council](/usc/16/4003.md?p=2) specified in its charter. [Funds](/usc/16/4003.md?p=4) eligible to be collected or received by a [council](/usc/16/4003.md?p=2) shall be limited to those authorized under this section. - (f) **Information—** - (1) [Sector](/usc/16/4003.md?p=15) participants shall make available to the [Secretary](/usc/16/4003.md?p=16) 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](/usc/16/4003.md?p=11) who have access to such information. - (2) If the [Secretary](/usc/16/4003.md?p=16) or an employee of the [United States](/usc/16/4003.md?p=17) Government is a party to a suit or administrative action involving an assessment, order, or regulation issued under this chapter, the [Secretary](/usc/16/4003.md?p=16) 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](/usc/16/4003.md?p=11) subject to the provisions of this chapter which do not identify the information furnished by any [person](/usc/16/4003.md?p=11); or - (B) the publication by direction of the [Secretary](/usc/16/4003.md?p=16) of the name of any [person](/usc/16/4003.md?p=11) violating a requirement relating to an assessment imposed under [subsection (a)](#a) of this section or to quality standards implemented by the [Secretary](/usc/16/4003.md?p=16) under [section 4010(c) of this title](/usc/16/4010.md?p=c), and a statement of the particular provisions of the requirement violated by such [person](/usc/16/4003.md?p=11). - (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](/usc/16/4003.md?p=2) or the Department of Commerce. ## Source credit (Pub. L. 99–659, title II, § 213, Nov. 14, 1986, 100 Stat. 3727.)