1.This Act may be cited as
the National Seafood Marketing and
Development Act of 2012
.
2.
(a)Congress makes the following
findings:
(1)The fishery
resources of the United States are valuable and renewable natural resources
that provide a major source of employment and contribute significantly to the
food supply, economy, and health of the United States.
(2)Increased
consumption of seafood would provide significant nutritional and health
benefits for many people in the United States and help to reduce childhood
obesity.
(3)The fishery
resources of the United States are not fully developed and utilized because of
underdeveloped markets.
(4)United States
seafood companies have the potential to expand their contribution to interstate
and foreign commerce, favorably affecting the balance of trade.
(5)A national
program for marketing seafood is needed to realize the full potential of the
fishery resources of the United States and to assure that the people of the
United States benefit from the employment, food supply, and revenue that could
be generated by such realization.
(b)The
purposes of this Act are—
(1)to improve and
expand markets for seafood and strengthen the competitive position of the
United States in domestic and international markets;
(2)to encourage the
sustainable development and utilization of the seafood resources of the United
States through enhancement of markets, promotion, and public education;
(3)to assist
growers, harvesters, and processors in improving the safety, traceability,
quality, marketability, and sustainability of United States seafood
products;
(4)to assist
growers, harvesters, and processors of United States seafood products in the
development and promotion of markets for seafood and improve coordination of
their marketing activities; and
(5)to educate and
inform consumers about the nutritional and health benefits of seafood.
3.In this Act:
(1)The
term Board means a Regional Seafood Marketing Board established
under section 4.
(2)The term consumer education means actions
undertaken to inform consumers on matters related to the consumption of seafood
products.
(3)The
term Fund means the National Seafood Marketing and Development
Fund established by section 5.
(4)The
term grower means any person in the business of growing or farming
seafood.
(5)The
term harvester means any person in the business of harvesting
seafood from the wild.
(6)The
term marketer means any person in the business of selling seafood
in the wholesale, retail, or restaurant trade, but whose primary business
function is not the processing or packaging of seafood in preparation for
sale.
(7)The term marketing and promotion means an
activity aimed at encouraging the consumption of seafood or expanding or
maintaining commercial markets for seafood.
(8)The
term 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.
(9)The
term processor means any person in the business of preparing or
packaging seafood (including seafood of the processor’s own harvesting) for
sale.
(10)The
term research means any study or project designed to advance the
image, desirability, usage, marketability, production, or quality of
seafood.
(11)The
term seafood means farm-raised and wild-caught fish or shellfish
harvested in the United States or by a United States flagged vessel for human
consumption.
(12)The term seafood industry means harvesters,
marketers, growers, processors, and persons providing them with goods and
services.
(13)Except
as otherwise specifically provided, the term Secretary means the
Secretary of Commerce.
(14)The term United States, when used in the
geographic sense, 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.
4.Regional Seafood
Marketing Boards
(a)Establishment
of Regional Seafood Marketing BoardsNot later than 90 days after
the date of the enactment of this Act, the Secretary shall establish Regional
Seafood Marketing Boards as follows:
(1)The Northeast Atlantic Board shall consist of the
following members:
(A)Twelve members
from the State of Maine, New Hampshire, Massachusetts, Rhode Island, or
Connecticut.
(B)One member from
the State of Vermont, Minnesota, Wisconsin, Illinois, Michigan, Indiana, or
Ohio.
(2)Mid and South
Atlantic BoardThe Mid and South Atlantic Board shall consist of
the following members:
(A)Twelve members
from the State of New York, New Jersey, Delaware, Pennsylvania, Maryland,
Virginia, North Carolina, South Carolina, or Georgia.
(B)One member from
the State of West Virginia, Kentucky, or Tennessee.
(3)The Gulf and Caribbean Board shall consist of the
following members:
(A)Twelve members
from the State of Florida, Alabama, Mississippi, Louisiana, or Texas, the
Commonwealth of Puerto Rico, or the territory of the Virgin Islands.
(B)One member from
the State of Oklahoma, Arkansas, Missouri, Iowa, Nebraska, or Kansas.
(4)The Pacific Board shall consist of the following
members:
(A)Twelve members
from the State of Idaho, Washington, Oregon, or California.
(B)One member from
the State of Arizona, Nevada, New Mexico, Utah, Colorado, Wyoming, Montana,
North Dakota, or South Dakota.
(5)West and North
Pacific BoardThe West and North Pacific Board shall consist of
thirteen members from the State of Alaska or Hawaii or the territory of Guam or
American Samoa.
(b)
(1)Not
later than 90 days after the date of the enactment of this Act, the Secretary
shall solicit nominations for members of each Board from the public.
(2)Prior
to appointing an individual to the Board, the Secretary shall consult with and
seek the recommendations of the Governors of the States in the geographical
area of the Board.
(3)Not
later than 270 days after the date of the enactment of this Act, the Secretary
shall appoint the members of each Board from among the nominees received under
paragraph (1) and the recommendations received under paragraph (2).
(4)The Secretary shall ensure that the members of each
Board fairly reflect the expertise and interest of the seafood industry located
in the geographical area of the Board, and that the members of each Board
include the following:
(A)Three individuals
with experience in harvesting.
(B)Two individuals
with experience in processing, including one having experience with large
processors and one having experience with small processors.
(C)One individual
with experience in transportation and logistics.
(D)One individual
with experience in mass market food distribution.
(E)One individual
with experience in mass market food retail or food service.
(F)One individual
with experience in the marketing of seafood.
(G)One individual
recommended by a regional or State seafood marketing organization.
(H)One individual
with experience in growing seafood.
(I)Two individuals
that represent the general public and are familiar with the seafood industry as
a whole.
(5)
(A)The term for a member of a Board shall be 3 years unless
the Secretary designates a shorter term to provide for staggered expirations of
terms of office.
(B)No member of a Board may serve more than 3 consecutive
terms, except that a member may continue to serve on a Board beyond that
member’s term until a successor is appointed.
(c)
(1)A
Board may remove a member from the Board for failure to attend 3 consecutive
Board meetings without reasonable excuse, or for other cause by not less than
2/3 of the members of the Board.
(2)A vacancy shall not affect the ability of a Board to
function.
(3)A vacancy on a Board shall be filled by the manner in
which the original appointment was made.
(d)A member of a Board shall serve without compensation,
but shall be reimbursed in accordance with section 5703 of title 5, United
States Code, for reasonable travel costs and expenses incurred in performing
duties as a member of a Board.
(e)Each
Board shall elect a chairman by a majority of those voting, if a quorum is
present.
(f)A
simple majority of members of a Board shall constitute a quorum, but a lesser
number may hold hearings.
(g)Executive
director, staff, administrative assistance
(1)
(A)A Board may employ and determine the salary of an
executive director, but such salary shall not exceed level II of the Executive
Schedule under section 5313 of title 5, United States Code.
(B)The individual selected as the executive director shall
have demonstrated expertise in the marketing and promotion of food
products.
(2)With
the approval of the Board, the executive director may select and employ
additional staff as necessary without regard to the provisions of title 5,
United States Code.
(3)Administrative
assistanceThe Secretary shall provide each Board such
administrative assistance as requested by the Board for purposes of its initial
organization and operation.
(h)National
Coordinating Committee
(1)The
chairman and 2 members of each Board shall establish a National Coordinating
Committee—
(A)to exchange
information and, if appropriate, coordinate the activities of the Boards;
and
(B)to conduct other
business consistent with the policies and purposes of this Act.
(2)The
National Coordinating Committee shall meet at least once each year.
(i)Any person may make a voluntary payment to the Secretary
to assist a Board in carrying out their marketing plans. Such payments shall be
disbursed to the appropriate Board from the Fund.
(j)
(1)Each Board may prepare an annual marketing plan that
describes the consumer education, research, and other marketing activities of
the Board for the following year, including the selection procedures and
criteria the Board plans to use for the solicitation and awarding of grants and
its plans to coordinate its activities with those of the other Boards
established under this Act. Plans may include marketing activities that
reference a particular brand or trade name, and may include projects designed
to promote the consumption or purchase of a specific seafood species or group
of similar seafood.
(2)The
purpose of each annual marketing plan shall be to—
(A)increase consumer demand for
seafood;
(B)encourage, expand, or improve the marketing
and utilization of seafood; and
(C)improve consumer education, research, and
other marketing activities regarding seafood.
(k)
(1)Each
Board shall maintain accounting records of the receipt and disbursement of all
funds of the Board, which shall be subject to the review of the
Secretary.
(2)Each
Board shall submit an annual report to the Secretary, detailing the
expenditures of the Board.
(3)Each
Board shall keep the monies distributed to it from the Fund on deposit in
appropriate interest-bearing accounts that shall be established by the Board or
invested in obligations of, or guaranteed by, the United States. Any revenue
accruing from such deposits and investments shall be available to the Board for
carrying out its marketing plans.
(l)Limitations on
deceptive or negative marketingConsumer education and other
marketing and promotion activities of the Boards shall avoid use of deceptive
or negative acts or practices on behalf of fish or fish products or with
respect to the quality, value, or use of any competing product or group of
products.
(m)
(1)Each Board shall make grants to persons to carry out
projects subject to such terms and conditions as the Board may require,
consistent with the purposes of this Act and any marketing plan the Board has
adopted.
(2)A
grant made by a Board under paragraph (1) may not exceed 50 percent of the
total estimated cost of the project. The remaining 50 percent shall be provided
by the grantee, which may include the value of in-kind contributions from the
grantee.
(3)Each
Board shall award at least 10 percent of the grant funds awarded by the Board
under this paragraph each year to minority-owned, veteran-owned, or small
businesses.
(n)The conflict of interest and recusal provisions set
forth in section 302(j) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(j)) shall apply to any decision by the Board and
to all members of the Board as if each member of the Board is an affected
individual within the meaning of such section 302(j), except that in addition
to the disclosure requirements of section 302(j)(2)(C) of such Act, (16 U.S.C.
1852(j)(2)(C)), each Board member shall disclose any financial interest or
relationship in an organization or with an individual that is applying for
funding from the Board held by the Board member, including an interest as an
officer, director, trustee, partner, employee, contractor, agent, or other
representative.
5.National Seafood
Marketing and Development Fund
(a)There
is established in the Treasury of the United States a fund to be known as the
National Seafood Marketing and Development Fund.
(b)Notwithstanding any other provision of law, all amounts
in the Fund shall be used exclusively by the Secretary for making grants to the
Boards under this Act and no such amount shall be transferred from the Fund for
any other purpose.
(c)
(1)The amount available in the Fund for each fiscal year
shall be disbursed by the Secretary for such fiscal year to the Boards as
follows:
(A)Eighty percent of
such amount in the Fund shall be distributed equally among the Boards.
(B)Twenty percent
shall be distributed to the Boards based on a ratio of the total pounds of
seafood harvested in the geographical area of each Board to the total pounds of
seafood harvested in the United States.
(2)The ratio referred to in subparagraph (B) shall be
calculated by the Secretary every 3 years using data collected by the Secretary
of Commerce and the Secretary of Agriculture.
(d)Authorization
of appropriationsThere is authorized to be appropriated to the
Fund $50,000,000 for each fiscal year.