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State
California
FAC Sec 78475-78496

FOOD AND AGRICULTURAL CODE
SECTION 78475-78496





78475. There is in the State of California the California Seafood
Council. The council shall be composed of not less than 11 voting
members and their alternates, and six nonvoting members. The number
of voting members shall be adjusted in accordance with subdivision
(e) of Section 78476. The council may include nonvoting, ex officio
members representing interests allied to California's fishing
industry upon recommendation of the executive committee of the
council and approval by the secretary.



78476. The voting members of the council shall be appointed by the
secretary, giving due consideration to proper geographic
distribution. The voting members shall include:
(a) Four receivers or processors or their representatives, and
their alternates.
(b) Five fishermen who are licensed commercial fishing vessel
owners, commercial fishermen or their representatives, and their
alternates. The fishermen appointed pursuant to this subdivision
shall each represent the users of one of the following types of
fishing gear:
(1) Gill and trammel nets.
(2) Hook and line.
(3) Trawl nets.
(4) Round-haul nets.
(5) Traps.
(c) One representative of a handler who is an exporter or a
wholesaler, and an alternate.
(d) One public member, and an alternate.
(e) One representative of fishermen and receivers, or his or her
representative, and his or her alternate, for each fishery described
in subdivision (c) of Section 78407, commencing with the favorable
vote in a referendum relating to that fishery. If the species to be
included is taken by one of the gear types specified in subdivision
(b), such as "groundfish trawl nets," the species and gear type shall
be added to the list of fishing gear types in subdivision (b) by
regulation adopted by the secretary. If the gear type is not
specifically listed in subdivision (b), it shall be included in the
list by regulation adopted by the secretary upon a favorable vote in
a referendum, a request from the new gear group, and a recommendation
by the council.



78477. (a) If, pursuant to Section 78577, the receivers vote in
favor of the council and the fishermen do not, the council shall be
implemented with seven members and the number of fishermen
representatives appointed pursuant to subdivision (b) of Section
78476 shall be reduced to one, and the alternate.
(b) If, pursuant to Section 78577, the fishermen vote in favor of
the council and the receivers do not, the council shall be
implemented with eight members and the number of receiver or
processor representatives appointed pursuant to subdivision (a) of
Section 78476 shall be reduced to one, and the alternate.



78478. (a) The fishermen and their alternates shall be selected
from lists of nominees submitted by marketing associations and any
organization deemed by the director to represent the majority of
organized California commercial fishermen harvesting species of fish
and shellfish included under this chapter and from nominations by
individual fishermen.
(b) The receivers, processors, wholesalers, or exporters and their
alternates shall be selected from lists of nominees submitted by an
organization deemed by the director to represent the majority of
those organized groups in the state, and from individual receivers,
processors, wholesalers, and exporters.
(c) The public member and alternate shall be selected by the
director from a list submitted by the receiver, handler, and
fishermen members of the council.



78479. The voting members of the council shall each be appointed to
a three-year term, except that in the first year of the council,
four members shall be appointed to one-year terms; four members shall
be appointed to two-year terms; and three shall be appointed to
three-year terms.



78480. If, pursuant to Section 78577, either the fishermen or the
receivers, but not both, vote in favor of the council, the voting
members of the council shall each be appointed to a three-year term,
except in the first year of the council when three members shall be
appointed to one-year terms, three members shall be appointed to
two-year terms, and the remaining members shall be appointed to
three-year terms.



78481. The term of office of a member of the council shall begin on
April 1 and expire on March 31.



78482. Any vacancy in the membership of the council which occurs
during the unexpired term shall be filled by the director for the
unexpired term from the eligible nominees. No council member or
alternate shall serve more than two consecutive three-year terms.
Service as an alternate does not disqualify a person to then serve
two additional terms as a member, and a member who was appointed for
a one-year or a two-year term may serve two additional three-year
terms.


78483. The director may remove any member of the council or
alternate for cause, and, upon that removal, there is a vacancy which
shall be filled in the manner provided in Section 78482.



78484. The director shall give notice, not later than January 31 of
each year, of the vacancies that will exist upon the expiration of
terms on March 31, in writing, to all marketing associations and
organizations deemed by the director to represent the majority of
organized fishermen, or receivers, processors, wholesalers, and
exporters, and shall issue any press releases and public statements
requesting nominations that the director deems appropriate.



78485. (a) The notice requesting nominations shall indicate that
nominations shall be mailed to the director at his or her office in
Sacramento and that the director will consider nominations received
by mail postmarked no later than March 1.
(b) Each nomination shall set forth all of the following
information:
(1) The name and address of the nominee.
(2) Whether the nominee is being nominated as a member or
alternate member.
(3) The type of category for which the nominee is being nominated.

(4) The list of qualifications and supporters, if any, for the
nominee.
(5) The name and address of the nominating association,
organization, or individual.



78486. One nonvoting member of the council may be appointed by the
secretary to represent each of the following entities:
(a) The department.
(b) The Department of Fish and Game.
(c) The California Sea Grant Program.
(d) The State Department of Health Services.



78487. There is no fixed term for nonvoting members of the council.
The agencies listed in Section 78486 may select an alternate for
their representative.


78488. A majority of the voting members of the council shall
constitute a quorum for the transaction of all business, including
the election of officers.


78489. (a) The council shall select annually from its voting
number, to serve at its pleasure, a president, vice president, and
treasurer. The immediate past president shall serve as the president
emeritus of the council.
(b) The president, vice president, treasurer, and president
emeritus, together with three other voting members, selected annually
by the council, shall constitute the executive committee of the
council. The executive committee may exercise any powers of the
council that the council delegates to the executive committee.



78490. The council shall hold at least two regular meetings in each
year at times and places that are fixed by the council. The council
may meet in special meetings at any time and place at the call of
the president or upon the written request of five members of the
council. The executive committee may meet at any time and place at
the call of the president or on call of a majority of the members of
the executive committee.



78491. The voting members of the council shall receive forty
dollars ($40) per day per diem for each day spent in actual
attendance at the meetings or on the business of the council and
shall be reimbursed for necessary traveling and other expenses
incurred in the performance of their official duties, as approved by
the secretary. Nonvoting members shall be reimbursed for necessary
traveling and other expenses, as approved by the secretary, at the
same rate as voting members if the agency they represent does not
reimburse them for those expenses. Alternates shall be reimbursed
for traveling and other expenses, as approved by the secretary, and
shall receive per diem at the same rate as voting members for
meetings which they attend. Any member may refuse to accept per diem
or expenses, or any portion thereof, to which he or she is entitled.



78492. No member of the council, except a member of the executive
committee, shall receive per diem for more than seven days per month,
except the chairperson, who may receive per diem for not more than
10 days per month.


78493. The director may require any employee or agent of the
council to give a fidelity bond, executed by a surety company which
is authorized to do business in this state, in favor of the director,
in the sum, and containing any terms and conditions, that the
director may prescribe. The cost of the fidelity bonds of employees
or agents of the council shall be paid from the funds which are
collected pursuant to this chapter.



78494. No member or employee of the council shall be held
responsible individually to any person for liability on any contract
or agreement of the council. All salaries, expenses, costs,
obligations, and liabilities which arise out of the administration
and enforcement of this chapter are payable only from funds which are
collected pursuant to this chapter.



78495. An alternate member of the council shall sit as a voting
member of the council if the member for whom he or she is an
alternate does not attend any meeting of the council. When so
serving, the alternate member has all of the powers, duties,
liabilities, and immunities of the member in whose place he or she is
serving, except that the alternate to the chair or vice chair shall
not perform the functions of those offices.



78496. The Legislature finds and declares that fishermen,
receivers, processors, wholesalers, or exporters appointed to the
council pursuant to this article are intended to represent and
further the interest of the California commercial fisheries industry,
and that this representation and furtherance is intended to serve
the public interest. Accordingly, the Legislature finds and declares
that, with respect to persons who are appointed to the council, the
particular agricultural industry concerned is tantamount to, and
constitutes, the public generally within the meaning of Section 87103
of the Government Code.