CCLME.ORG - CALIFORNIA SEAFOOD MARKETING RESEARCH AND DEVELOPMENT ACT FAC Ch. 23 (commencing with FAC 78401) Div. 22 Part 2
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State
California
FAC Sec 78575-78588 Procedures (California Seafood Council)

FOOD AND AGRICULTURAL CODE
SECTION 78575-78588





78575. On or before February 1, 1991, the director shall establish
a list of receivers and fishermen eligible to vote on the
implementation of this chapter. In establishing the list, the
director may request, in writing, the assistance of the Director of
Fish and Game and associations representing fishermen or receivers in
gathering the names of all fishermen and receivers who sold or
received specified seafood species landed the previous season. The
list shall be filed within 30 days following receipt of the written
notice from the director. All information on the volume of landings
shall be kept confidential.


78576. Any fisherman or receiver whose name does not appear on the
director's list of receivers may have his or her name included on the
list by filing with the director a signed statement, identifying
himself or herself as a fisherman or receiver and furnishing evidence
of having sold or received landings the previous year through the
submission of receipts prepared under Section 8043 of the Fish and
Game Code. The failure to include a fisherman's or a receiver's name
on the list does not exempt a fisherman or a receiver from paying
assessments under this chapter.



78577. This chapter, except as necessary to conduct a referendum
vote under this article, shall not apply to a fishery defined in
subdivision (c) of Section 78407 until the secretary conducts and
finds in the referendum that either:
(a) At least 40 percent or more of the total number of fishermen
from the list established by the secretary pursuant to Section 78582
have participated by voting in the referendum, and the secretary
finds either of the following:
(1) Sixty-five percent or more of the fishermen who voted in the
referendum, who landed in California 51 percent or more of the
species in the fishery defined in subdivision (c) of Section 78407
that is the subject of the referendum in the previous year, voted in
favor of implementing this chapter for that fishery.
(2) Fifty-one percent of the fishermen who voted in the
referendum, who landed in California 65 percent or more of the
species in the fishery defined in subdivision (c) of Section 78407
that is the subject of the referendum in the previous year, voted in
favor of implementing this chapter for that fishery.
(b) Forty percent or more of the total number of receivers from
the list established by the secretary pursuant to Section 78582 have
participated by voting in the referendum, and the secretary finds
either of the following:
(1) Sixty-five percent or more of the receivers, who received 51
percent or more of the species in the fishery defined in subdivision
(c) of Section 78407 that is the subject of the referendum landed in
California in the previous year, voted in favor of implementing this
chapter for that species.
(2) Fifty-one percent or more of the receivers, who received 65
percent or more of the fish of the species in the fishery defined in
subdivision (c) of Section 78407 that is the subject of the
referendum landed in California in the previous year, voted in favor
of implementing this chapter for that species.
(c) If both lists of fishermen and receivers vote in favor of the
implementation of this chapter, the secretary shall add, by
regulation, the fishery to the fisheries subject to this chapter, and
both fishermen and receivers shall be subject to assessment pursuant
to this article. If only fishermen or receivers, but not both, vote
in favor of implementation of this chapter, the secretary shall add,
by regulation, the fishery to the fisheries subject to this chapter,
however, only the group voting in favor of that implementation shall
be subject to the fees imposed pursuant to Sections 78550 to 78557,
inclusive.



78578. The secretary shall establish a period in which to conduct
the referendum which shall not be less than 30 days or more than 60
days in duration, and may prescribe additional procedures as
necessary to conduct the referendum. If the initial period
established is less than 60 days, the secretary may extend that
period. However, the total referendum period may not exceed 60 days.



78579. (a) Unless funds are otherwise provided by the Secretary of
Environmental Affairs pursuant to subdivision (b) of Section 35062 of
the Public Resources Code, before the referendum vote is conducted
by the director, the proponents of the council shall deposit with the
director the amount that the director determines is necessary to
defray the expenses of preparing the necessary lists and information
and conducting the referendum vote.
(b) Any funds not used in carrying out this article shall be
returned to the proponents of the council who deposited the funds
with the director.
(c) Upon the establishment of the council, the council may
reimburse the proponents of the council for any funds deposited by
the proponents with the director which were used in carrying out this
article, and for any legal expenses and costs incurred in
establishing the council.



78580. The nonreceipt of a ballot by any fisherman or receiver
shall not invalidate a referendum.



78581. (a) If the director finds that a favorable vote has been
given, the director shall certify and give notice of the favorable
vote to all receivers whose names and addresses are on file with the
director.
(b) If the director finds that a favorable vote has not been
given, the director shall so certify and declare this chapter
inoperative. The director shall also notify the appropriate policy
committees in both the Assembly and Senate that the chapter is
inoperative.



78582. Fisheries for fish and shellfish species excepted by
subdivision (a) of Section 78407 and not previously included in the
list of fisheries subject to this chapter may be added to the
fisheries subject to this chapter, including the payment of fees
pursuant to Sections 78550 to 78557, inclusive, upon receipt by the
secretary of a written request by proponents for inclusion, who shall
represent either fishermen or receivers, or both, who are engaged in
the fishery proposed for inclusion. The fishery shall be included
under this chapter after all of the following occur:
(a) The council recommends to the secretary the inclusion of the
fishery, subject to the request by proponents for inclusion.
(b) Unless alternative funding is recommended by the council, the
proponents for inclusion deposit funds with the secretary in an
amount the secretary determines is necessary to defray the expenses
of preparing necessary lists and information and conducting inclusion
referenda votes of fishermen or receivers, or both, engaged in the
fishery proposed for inclusion.
(c) A list of fishermen or receivers, or both, engaged in the
fishery proposed for inclusion is established. The secretary shall
establish a list not later than 60 days after the earlier of the
following:
(1) The receipt of the deposit pursuant to subdivision (b).
(2) The receipt on an accurate list from the council.
(d) An inclusion referendum, which is not more than 60 days in
duration is conducted within 90 days following the receipt of the
deposit pursuant to subdivision (b) or the receipt of an accurate
list from the council, whichever is earlier, under the regulations
that the secretary established, consistent with all other provisions
for carrying out a referendum under this chapter.
(e) A favorable vote, consistent with the percentage requirements
of Section 78577 for a favorable vote of either fishermen or
receivers, or both, engaged in the fishery proposed for inclusion and
eligible to vote, is received.



78583. Fisheries for species of fish and shellfish, that are
subject to this chapter pursuant to subdivision (c) of Section 78407
that are added to the list of fisheries subject to this chapter
pursuant to Section 78582, shall be treated the same as all other
species of fish and shellfish subject to this chapter, and fishermen
and receivers engaged in the fishery of that included species shall
be appointed to the council in accordance with subdivision (e) of
Section 78476.


78584. (a) Between January 1, 1996, and February 28, 1996, and in
the same period each five years thereafter, or pursuant to
subdivision (b) of Section 78578, the director shall, by the public
hearing procedure, and if appropriate, the review referendum
procedure provided for in Sections 78585 and 78586, determine whether
the council program provided for in this chapter shall continue in
effect.
(b) If the director finds from evidence received at the hearing
that a substantial question exists as to whether the council program
is contrary to or does not effectuate the declared purposes or
provisions of this chapter or receives in writing a referendum
petition with the signatures of 25 percent or more of the number of
fishermen or receivers, as evidenced by receipts prepared under
Section 8043 of the Fish and Game Code, the council program shall be
submitted to referendum as provided in Section 78585.



78585. If the secretary determines that a review referendum
procedure is appropriate or, pursuant to subdivision (b) of Section
78584, required, the secretary shall establish a referendum period of
not to exceed 30 days during which period ballots shall be submitted
to every fisherman or receiver on official membership lists in the
possession of the council and the department. If the secretary
determines that the referendum period does not provide sufficient
time for the balloting, the secretary may extend the referendum for
an additional period not to exceed 30 days. The ballots shall
provide a "yes" or "no" voting alternative to the following question:

"Shall the California Seafood Council be continued for the next
five fiscal years commencing April 1, following this referendum?"




78586. If the council program is submitted to a review referendum
under Section 78585, the director shall find that fishermen or
receivers statewide have approved the council program if the director
finds either of the following:
(1) Sixty-five percent or more of the fishermen who voted in the
review referendum, who landed in California 51 percent or more of the
fish of the species listed in subdivision (a) of Section 78407 in
the previous fiscal year, approve the program; or 51 percent or more
of the fishermen, who landed in California 65 percent or more of the
fish of the species listed in subdivision (a) of Section 78407 in the
previous fiscal year, approve the program.
(2) Sixty-five percent or more of the receivers who voted in the
review referendum, who received 51 percent or more of the fish of the
species listed in subdivision (a) of Section 78407 landed in
California in the previous fiscal year, approve the program; or 51
percent or more of the receivers, who received 65 percent or more of
the fish of the species listed in subdivision (a) of Section 78407
landed in California in the previous fiscal year, approve the
program.


78587. If the director finds that only the fishermen or only the
receivers vote to approve the program in a review referendum, the
director shall reconstitute the council pursuant to Section 78477.
To reduce the membership on the council of either the fishermen or
the receivers, whichever did not vote to approve the program, the
director shall conduct a lottery of those choosing to remain from the
nonapproval group to determine who shall remain on the council.



78588. On the termination of the council pursuant to this article,
the council shall remain in existence until the end of the marketing
season then current for the purpose of furnishing the secretary with
a complete record of its outstanding financial obligations. The
secretary shall pay from the money collected pursuant to Article 7
(commencing with Section 78550) any outstanding obligations and any
obligations incurred by the secretary and the department under this
section. Any money that remains shall be retained by the secretary
to defray the expenses of formulation, issuance, administration, or
enforcement of any subsequent program for seafood promotion. If no
seafood promotion program is undertaken within a period of three
years from the date of termination of the council, that money shall
be withdrawn from the approved depository and paid into the special
account for enhancement and restoration programs established pursuant
to Section 7861 of the Fish and Game Code. The secretary may also
specifically designate any money that remains for expenditure for
research on commercial fishery resources or fisheries, the
improvement of commercial fishery resources or fisheries, or both.