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FAC Sec 78550-78564 Financial Provisions (California Seafood Council)
FOOD AND AGRICULTURAL CODE
78550. In order to carry out the programs and administer the
activities that are conducted pursuant to this chapter, except as
specified in Section 78557, a fee shall be established by the
director and, thereafter, shall be recommended to the director by the
council, based on an amount which is four-tenths of 1 percent of the
ex-vessel price per pound paid for each pound of fish or shellfish
specified in subdivision (a) of Section 78407 sold to a receiver, or
sold by a fisherman directly to the public pursuant to Section 8033.5
of the Fish and Game Code. The fee shall be paid by the receiver or
the fisherman, or both, and remitted to the director as specified in
Section 78552. The amount of the fee for each species shall be
established annually by the council for recommendation to the
director, calculated to the nearest 1/10,000 of one cent ($0.0001)
based on the formulation in this section. Individual fees shall be
established for species identified in subdivision (a) of Section
78407. The council, with assistance from the Department of Fish and
Game, may determine the fee structure for individual species and may
average or consolidate fees for similar species to simplify landing
fee reporting and accounting requirements. The amount of the fee
shall be based on the landed weight of the fish or shellfish, as
reported on the fish landing receipt made under Section 8043 of the
Fish and Game Code. A fisherman selling to the public pursuant to
Section 8033.5 of the Fish and Game Code shall remit the fee directly
to the director as specified in Section 78552.
To facilitate collection of fees from receivers or fishermen who
handle a small volume of fish and shellfish specified in subdivision
(a) of Section 78407, receivers or fishermen whose estimated monthly
fee payments do not exceed ten dollars ($10) may file reports and
submit fees on a quarterly basis. Payments are delinquent if not
submitted within 60 days following the end of the quarter in which
they are due.
78551. The fisherman and the receiver shall each pay one-half of
the fee established pursuant to Section 78550 for each pound of fish
landed. If the fishermen vote, pursuant to Article 8 (commencing
with Section 78575), not to participate in the council, a fisherman
is not required to pay any fees pursuant to this chapter. If the
receivers vote, pursuant to Article 8 (commencing with Section
78575), not to participate in the council, a receiver is not required
to pay any fees pursuant to this chapter. If either fishermen or
receivers, but not both, vote in favor of the council, the fee
charged the group voting in favor of the council shall not exceed
one-half of the fee established pursuant to Section 78550.
78552. The fees, whether from fishermen or receivers, or both, that
are collected pursuant to this article shall be forwarded by the
receivers, except as provided under Section 78552.5, directly to the
council on behalf of the secretary. The administrative office of the
council shall supply forms necessary for the remittance of the fees.
The secretary may consult with the Director of Fish and Game and
enter into agreements with the Department of Fish and Game, when he
or she deems it necessary and reasonable, to assist in the
administration of this article and to ensure compliance with this
article. The secretary and the Director of Fish and Game may enter
into an interagency agreement on behalf of the council to provide
names and addresses of commercial fish businesses selected annually
by the Department of Fish and Game for fish landing tax examinations.
The listing of names and addresses is a confidential document.
78552.5. (a) Notwithstanding any other provision of this article,
in any calendar year in which a fisherman who is selling to the
public lands, or a receiver receives, less than 10,000 pounds in the
aggregate of fish or shellfish in all fisheries combined or for which
the annual fees that would otherwise be due by that fisherman or
receiver to the council for those fish or shellfish totals less than
twenty-five dollars ($25), the fisherman selling to the public or the
receiver shall not pay any fees pursuant to this chapter.
(b) In any calendar year in which a fisherman who is selling to
the public lands, or a receiver receives, 10,000 pounds or more in
the aggregate of fish or shellfish in all fisheries combined, or for
which the annual fees that are due by that fisherman or receiver to
the council for those fish or shellfish totals twenty-five dollars
($25) or more, the fisherman selling to the public or the receiver
shall remit the fees on or before February 28 of the year following
the landing or receipt. Any fees that are not received on or before
February 28 of the year following the landing or receipt of fish or
shellfish for which the fees are due is delinquent and subject to
collection pursuant to Section 78554.
(c) If, in any calendar year, a fisherman lands less than 10,000
pounds in the aggregate of fish or shellfish in all fisheries
combined, and has paid fees to the council, the fisherman may apply
for a refund of the amount paid, not to exceed a total of twenty-five
dollars ($25). An application for refund shall be submitted on a
form supplied by the council and shall include documentation in the
form of landing receipts submitted to the Department of Fish and Game
pursuant to Section 8046 of the Fish and Game Code for all species
landed and proof of fees paid. Applications for refunds shall be
received at the council office on or before March 31 of the year
following the landing or receipt of fish or shellfish for which the
fees were paid.
78553. (a) Each receiver who is required by this chapter to pay a
fee or collect a fee from fishermen shall maintain a complete and
accurate record of all transactions subject to the fee. These
records shall contain any information required by the director
relating to the collection of fees, shall be preserved for a period
of three years, and shall be available for review upon demand by the
director or the director's duly authorized agent.
(b) Any information obtained by the director or the director's
duly authorized agent from inspection or audit of records shall be
confidential and shall not be disclosed except when required in a
78554. (a) The collection of funds from anyone who does not pay or
remit fees due and payable shall be conducted as follows:
(1) Pursuant to Section 8053 of the Fish and Game Code.
(2) When the secretary makes a determination that fees due
pursuant to this chapter are deficient, the secretary may determine
the amount of the deficiency, including any applicable penalty.
Section 59234.5 shall apply to deficiency determinations made
pursuant to this section.
(3) This subdivision is supplemental to any other provisions for
collection and imposition of fees and penalties provided by this
chapter. In lieu of proceeding pursuant to this section, the
secretary may file a complaint for collection of unpaid fees as
provided by law.
(b) A person who violates any provision of this chapter is guilty
of a misdemeanor, and, upon conviction, shall be punished by a fine
of not less than one hundred dollars ($100) or more than one thousand
dollars ($1,000), by imprisonment in the county jail for not less
than 10 days or more than six months, or by both that fine and
imprisonment. Each violation during any day is a separate offense.
(c) A person who violates any provision of this chapter is liable
civilly in an amount of not more than two thousand five hundred
dollars ($2,500) for each violation. Each violation during any day
is a separate offense.
78555. Every claim or refund for credit for overpayment of fees
shall be in writing and shall state the specific ground upon which
the claim is based.
78556. Sections 8058 to 8070, inclusive, of the Fish and Game Code
apply to claims for overpayment of fees to the director. For
purposes of this section, "department," as used in those sections,
means the Department of Food and Agriculture, and "landing tax" means
the fees imposed pursuant to this article.
78557. One year after the establishment of the council, the council
may recommend to the director an increase over and above four-tenths
of 1 percent of the price per pound paid to the fisherman for each
pound of fish or shellfish specified in subdivision (a) of Section
78407 for the council to carry out its duties under this chapter.
The council shall consider the budget for the council, funding for
activities conducted pursuant to Article 6 (commencing with Section
78525), as well as the market prices of seafood landed in California,
landing taxes imposed by the Department of Fish and Game, and any
other relevant factor affecting the economics of the fisheries. The
council shall, in making any determination to increase fees, consult
with fishermen and receivers and, if the recommended increase would
exceed eight-tenths of 1 percent of the market price per pound paid
to the fisherman for each pound of fish or shellfish sold, conduct a
ballot poll of the fishermen and receivers on the director's list
established pursuant to Article 8 (commencing with Section 78575).
The director may not increase any fee without the approval of
two-thirds the voting members of the council.
78558. (a) All money that is collected by the council pursuant to
this chapter shall be deposited in any bank, or other depository that
is approved by the Director of Finance, allocated to the purposes of
this chapter only, and disbursed by the council, upon approval of
the secretary, only for the necessary expenses that are incurred by
the council and the secretary in carrying out the purposes and
provisions of this chapter, including expenses generated by the
auditing requirement contained in this section. Money that is so
collected shall be deposited and disbursed in conformity with
appropriate auditing regulations adopted by the secretary. The
expenditure of the money is exempt from Sections 925.6 and 16304 of
the Government Code.
(b) All expenditures by the council and the secretary shall be
audited at least once every two years by one of the following means:
(1) By contract with a certified public accountant.
(2) By contract with a public accountant holding a valid permit
issued by the California Board of Accountancy.
(3) By contract with a public accounting firm.
(4) By agreement with the Department of Finance.
(c) A copy of the audit shall be delivered by the auditor to the
council within 30 days after completion of the audit. Upon receipt,
the council shall deliver a copy of the audit to the Governor, the
secretary, the Controller, and to any member of the public requesting
78559. Money that is deposited pursuant to Section 78558 may be
invested and reinvested by the council in any of the securities
described in Article 1 (commencing with Section 16430) of Chapter 3
of Part 2 of Division 4 of Title 2 of the Government Code.
78560. The director, after consultation with the council, shall
adopt an annual budget which sets forth the proposed expenditures
which the director deems necessary for the performance by him or her
and by the department of the duties which are imposed upon the
director and the department by this chapter. The director shall also
prepare and submit to the council an annual statement of the director'
s expenditures pursuant to this chapter.
78560.5. The council may allocate a percentage of the contribution
from one or a series of species and gear types to conduct species and
gear specific programs. In developing specific programs, the
council may form advisory committees comprised of harvesters and
processors whose primary income is derived from the species
considered for specific programs. The funds expended for any program
directly benefiting a specific gear type or species of fish or
shellfish shall not exceed that proportion of funds expended for
general programs benefiting all the species and gear types under this
chapter during each five-year term of the council. Proportional
funding of species specific programs shall not be required in the
annual budget for the year in which the program is first adopted, but
proportional funding shall be required in the budget for each
subsequent year that each such program is included in the annual
78561. To the extent that programs for specific species of fish or
shellfish are included in the budget, as opposed to programs to
benefit generally all the species covered by this chapter, there
shall be reflected in that same year's budget, or in budgets prepared
for the following years, programs for other species of fish and
shellfish covered under this chapter. The funds expended pursuant to
the council's budget for any program for a specific species of fish
and shellfish shall be in the same proportion, based on the fees
collected from that species of fish or shellfish, as that expended
for each of the other species of fish and shellfish covered under
this chapter. Proportional funding of species-specific programs are
not required in the annual budget for the year in which the program
is first adopted, but proportional funding shall be required in the
budget for each subsequent year that each such program is included in
the annual budget.
78563. The secretary may accept contributions from any source or
may receive grants or contracts for funds pursuant to subdivision (b)
of Section 35062 of the Public Resources Code to advance the
purposes of this chapter. If requested by the donor, the
contributions shall be segregated and separately maintained for the
use of the council. The secretary may also establish categories of
voluntary contributions paid by sponsors, as defined by Section
78415. Categories of voluntary contributions, suggested voluntary
contributions, and benefits may be recommended to the secretary by
78564. The council may develop guidelines for the establishment and
operation of a "credit-back" program for receivers and fishermen,
which authorizes the reimbursement of a percentage of individual
contributions to the council, not to exceed 50 percent, for specified
individual expenditures benefiting the fishing industry. Individual
expenditures eligible for reimbursement may include, but are not
necessarily limited to, promotion, research and development, and
advertising. The council shall appoint a review committee from its
membership and from the fishing industry to review and approve
applications for the credit. Any guidelines that require the
assistance of, or impact the operation of, the Department of Fish and
Game are subject to Section 78552.
Upon submittal of a statement of completion of a credit-back
program, and its acceptance by the review committee, the review
committee may direct the council to reimburse a percentage of
individual contributions, not to exceed 50 percent, at the end of the
fiscal year for which the credit-back application and expenditure