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FAC Sec 79140-79145 Continuation or Suspension and Termination (Sea Urchins)
FOOD AND AGRICULTURAL CODE
79140. Every five years, commencing with the fifth year following
certification of the commission, the secretary shall hold a hearing
to determine whether the operation of this chapter should be
continued. If the secretary finds after the hearing that a
substantial question exists among eligible persons regarding whether
the operation of this chapter should be continued, the secretary
shall submit the chapter to a reapproval referendum. If a reapproval
referendum is required, the operation of this chapter shall be
continued in effect if the secretary finds that a majority of the
eligible persons voting in the referendum, voted in favor of
continuing this chapter.
79141. If the secretary finds after conducting a hearing that no
substantial question exists or that a favorable vote has been given,
the secretary shall so certify and this chapter shall remain
operative. If the secretary finds that a favorable vote has not been
given, he or she shall so certify and declare the operation of this
chapter and the commission suspended upon the expiration of the
fishing season of the year in which the certification is made.
Thereupon, the operations of the commission shall be concluded and
funds distributed in the manner provided in Section 79144. No bond
or security shall be required for any such referendum.
79142. The process specified in Section 79140 shall be conducted by
the commission every fifth year following the initial certification
of the commission, unless a referendum is conducted as the result of
a petition pursuant to Section 79143. In that case, the hearing, and
the referendum if required, shall be conducted every fifth year
following the industry petitioned referendum.
79143. (a) Upon a finding by a two-thirds vote of the membership of
the commission that the operation of this chapter has not tended to
achieve its declared purposes, the commission may recommend to the
secretary that the operation of this chapter be suspended. However,
any suspension shall not become effective until the expiration of the
current fishing season.
(b) The secretary shall, upon receipt of the recommendation, or
may, after a public hearing to review a petition filed with him or
her requesting a suspension signed by 20 percent of the divers and
handlers who landed or handled not less than 20 percent of the total
quantity of sea urchin in the immediately preceding fishing season,
hold a referendum among the divers and handlers to determine if the
operations of the commission shall be suspended. However, the
secretary shall not hold a referendum as a result of the petition
unless the petitioner shows by the weight of evidence that this
chapter has not tended to achieve its declared purposes.
(c) The secretary shall establish a referendum period, which shall
not be less than 10 days or more than 60 days in duration. The
secretary may prescribe additional procedures as may be necessary to
conduct the referendum. At the close of the established referendum
period, the secretary shall tabulate the ballots filed during the
period. If at least 40 percent of the total number of divers and
handlers from the list established by the secretary participate in
the referendum, the secretary shall suspend the operation of this
chapter if he or she finds either one of the following has occurred:
(1) Sixty-five percent or more of the divers and handlers who
voted in the referendum voted in favor of suspension, and the divers
and handlers so voting sold or handled a majority of the total
quantity of sea urchin in the preceding fishing season by all of the
divers and handlers who voted in the referendum.
(2) A majority of the divers and handlers who voted in the
referendum voted in favor of suspension, and the divers and handlers
so voting landed or handled 65 percent or more of the total quantity
of sea urchin in the preceding fishing season by all of the divers
and handlers who voted in the referendum.
79144. After the effective date of suspension of this chapter, the
operation of the commission shall be concluded and all moneys held by
the commission not required to defray the expenses of concluding and
terminating operations of the commission shall be returned on a pro
rata basis to all persons from whom assessments were collected in the
immediately preceding fishing season. However, if the commission
finds that the amounts returnable are so small as to make impractical
the computation and remitting of the prorated refund to these
persons, any funds remaining after payment of all expenses of winding
up and terminating operations shall be withdrawn from the approved
depository and paid into an appropriate state or federal program
conducted or used to fund activities related to the subject matter of
79145. Upon suspension of the operation of this chapter, the
commission shall mail a copy of the notice of suspension to all
eligible persons affected by the suspension whose names and addresses
are on file.