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FAC Sec 79000-79009 Declarations and General Provisions (Sea Urchins)
FOOD AND AGRICULTURAL CODE
79000. The sea urchin fishery includes both divers and processors
working together to provide a sustainable sea urchin resource and to
ensure a reliable supply of quality seafood product for domestic
consumption and export, thereby maintaining strong local coastal
economies, fair levels of income to the thousands of persons engaged
directly and indirectly in commercial fishing enterprises, and
historically significant cultural and community resources of
79001. The production and marketing of seafood, including sea
urchin, constitute an important industry of this state that provides
substantial and necessary revenues for the state and employment for
79002. The production of sea urchin for domestic consumption and
export is one of the leading segments of the state's commercial
fishing industry. To maintain this significant contribution to the
state's economy and public well-being, there is a need to make
regulators aware of unique economic factors affecting the sea urchin
fishery and how these factors can be integrated with appropriate
management measures to protect a sustainable sea urchin resource. In
addition, there is a need to make consumers and the general public
aware of the nutritional value of seafood, the high quality of sea
urchin produced by the industry, and the opportunities available to
balance sea urchin production and protection of the natural marine
resources of California. The activities made possible by the
establishment of a commission will meet this need and further the
interests of the industry and the state.
79003. The establishment of a commission is necessary for the
efficient creation and management of a research program to develop
improved harvesting and processing practices, an integrated approach
to fishery management, and more efficient resource assessment,
monitoring and protection tools.
79004. The successes that the sea urchin fishery in California has
enjoyed have come in large part through a commitment by the industry
to support appropriate management regulations guiding the harvesting
of sea urchin and to fund research into resource assessment and
enhancement methodology that has led to significant improvements in
understanding the biology of the sea urchin resource. The
establishment of a commission will continue and enhance this research
effort and the ability of the industry to promote responsible
fishery management regulations, all of which will move the industry
toward a sustainable position, resulting in increased consumer value
and enhanced economic returns.
79005. The harvesting, processing, and marketing of sea urchin in
this state is hereby declared to be affected with a public interest.
The provisions of this chapter are enacted in the exercise of the
police power of this state for the purposes of protecting the health,
peace, safety, and general welfare of the people of this state.
79006. No action taken by the commission, or by any individual in
accordance with this chapter or with the regulations adopted under
this chapter, is a violation of the Cartwright Act, Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code, the Unfair Practices Act, Chapter 4
(commencing with Section 17000) of Part 2 of Division 7 of the
Business and Professions Code, or any statutory or common law against
monopolies or combinations in restraint of trade.
79007. This chapter shall be liberally construed. If any provision
of this chapter or the application thereof to any person or
circumstances is held invalid, the invalidity shall not affect other
provisions or applications of the chapter that can be given effect
without the invalid provision or application, and to this end the
provisions of this chapter are severable.
79008. Opportunity exists for increasing the stability and
reliability of the sea urchin fishery. The success of those efforts
is uniquely dependent upon effective fishery and resource management,
fishery biological research, industry engagement in management
decisions, and fishery promotion. A stable and reliable sea urchin
fishery provides an important source of jobs for many people in this
state and economic activity in many small coastal communities, and
serves to ensure the preservation of historically and culturally
significant coastal dependent industry.
79009. The commission form of administration created by this
chapter is uniquely situated to provide those engaged in the sea
urchin fishery the opportunity to avail themselves of the benefits of
collective action within the broad fields of fishery management,
resource protection and enhancement, harvesting and processing
practices, and market development, expansion, and research necessary
to achieve the purposes of this act.