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FAC Sec 79061-79081 Powers and Duties of Commission (Sea Urchins)
FOOD AND AGRICULTURAL CODE
79061. The commission may adopt and from time to time alter,
rescind, modify, and amend all proper and necessary bylaws, rules,
regulations, and orders in accordance with commission procedures for
purposes of carrying out this chapter, including rules for appeals
from any bylaw, rule, regulation, operating procedure, or order of
79062. The commission may administer and enforce this chapter and
do and perform all acts and exercise all powers incidental to, or in
connection with, or deemed reasonably necessary, to promote and
maintain the sea urchin commercial fishing industry.
79063. The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and such other officers
as it deems necessary. The officers shall have the powers and duties
delegated to them by the commission.
79064. The commission may employ a person or firm to serve at the
pleasure of the commission as executive officer of the commission,
and other personnel, including legal counsel of its choice, necessary
to carry out this chapter. If any person employed by the commission
engages in any conduct that the secretary determines is not in the
public interest or that is in violation of this chapter, the
secretary shall notify the commission of the conduct and request that
corrective and, if appropriate, disciplinary action, be taken by the
commission. If the commission fails or refuses to correct the
situation or to take disciplinary action satisfactory to the
secretary, the secretary may suspend or discharge the person.
79065. The commission may fix the compensation for all employees of
79066. The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.
79067. The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, create liabilities,
and borrow funds in advance of receipt of assessments as may be
necessary in the opinion of the commission for the proper
administration and enforcement of this chapter and the performance of
79068. The commission shall keep accurate books, records, and
accounts of all of its dealings, which shall be subject to an annual
audit by an auditing entity or firm selected by the commission with
the concurrence of the secretary. A summary of the audit shall be
reported to all persons subject to this chapter, a copy of which
shall also be submitted to the department. In addition, the
secretary may, as appropriate, conduct or cause to be conducted a
fiscal and compliance audit of the commission.
79069. The commission may present facts to, and negotiate with,
state, federal, and foreign agencies on matters that affect the sea
urchin commercial fishing industry.
79070. (a) The commission may carry out industry educational
programs with respect to proper methods of handling and preserving
the quality of sea urchin to protect the public health, the economic
viability of the fishery, and employee and diver safety and may
conduct market surveys and analyses.
(b) The commission may carry out public information programs
regarding, but not limited to, the condition of the sea urchin
resource, efforts to ensure a sustainable sea urchin resource, sea
urchin quality standards the commission may adopt, and other programs
to promote the sea urchin fishery. No commission funds shall be
expended to advertise brand name sea urchin products.
(c) The commission may adopt quality standards, a sea urchin
fishery logo or trademark, or other promotional tools consistent with
this chapter and other applicable laws.
79071. The commission may conduct, or contract with others to
conduct, scientific research, including the study, analysis,
dissemination, and accumulation of information obtained from research
or elsewhere, regarding the importance and methods for maintaining a
sustainable sea urchin fishery, fishery management, resource
management and enhancement, cost-efficient production practices, and
marketing and distribution of sea urchin and sea urchin products.
The results of any research conducted by or on behalf of the
commission may be used by the commission in any way it deems
79072. The commission may enter into contracts to acquire and
render services in preparing plans and conducting programs and other
contracts or agreements that the commission may deem necessary for
carrying out this chapter.
79073. The commission may accept contributions of, or match
private, state, or federal funds, and employ or make contributions of
funds to other persons or state or federal agencies for purposes of
promoting and maintaining the sea urchin fishery.
79074. The commission may collect information, including, but not
limited to, fishery landing statistics, and publish and distribute
without charge, a bulletin, newsletter, or other communication to
persons subject to this chapter.
79075. The commission shall establish an assessment rate to defray
operating costs of the commission.
79076. (a) The commission shall establish an annual budget and
maintain records of expenditures according to generally accepted
accounting practices. The budget shall be concurred in by the
secretary prior to disbursement of funds, except for ongoing
disbursements made in relation to employees of the commission.
(b) The secretary shall review the annual budget and expenditures
to ensure that only reasonable and necessary administrative costs are
paid for the proper operation of the commission's activities.
79077. The commission shall submit to the secretary for his or her
concurrence an annual statement of contemplated activities authorized
pursuant to this chapter.
79078. The commission and the secretary shall keep confidential and
shall not disclose, except when required by court order after a
hearing in a judicial proceeding, all lists of persons subject to
this chapter in their possession. However, the commission shall
establish procedures to provide divers and handlers access to
communication with other divers and handlers regarding nonproprietary
matters affecting the commission and persons subject to its
jurisdiction. The access shall not include the actual release of the
names and addresses of divers and handlers in the possession of the
commission or the secretary.
79079. The commission may investigate and prosecute civil
violations of this chapter and file complaints with appropriate law
enforcement agencies or officers for suspected criminal violations of
79080. The commission may administer any government program engaged
in the activities authorized by this chapter and that directly
affects the sea urchin fishery, upon the request of an authorized
agent of the program.
79081. The commission may approve payment of a stipend to
commission members of not more than one hundred twenty-five dollars
($125) for each day a member is on official commission business
pursuant to Section 79055, not to exceed five hundred dollars ($500)
in any single month.