CHAPTER 16. California Salmon Council
Chapter 16 added by Stats. 1988, Ch. 1500, Sec. 1.
§§ 76501–76981 · 88 sections
ARTICLE 1. Short Title and Definitions §§ 76501–76580 · 16 sections
- § 76501 This chapter shall be known and may be cited as the “California Salmon Marketing and Development Act.”
- § 76502 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 76510 “Council” means the California Salmon Council.
- § 76511 “Commercial salmon vessel operator” is a commercial fisherman who operates a commercial salmon vessel for which a valid commercial salmon vessel permit has…
- § 76520 “Exporter” means any individual who is, or an individual working for a partnership, corporation, or any other business unit or organization which is, engaged…
- § 76525 “Fiscal year” means from April 1 of a year to March 31 of the next succeeding year.
- § 76530 “Fisherman” means an individual licensed to commercially harvest fish pursuant to Sections 7850 to 7852, inclusive, of the Fish and Game Code.
- § 76535 “Handler” means any of the following: (a) A processor. (b) A receiver. (c) A wholesaler. (d) An exporter. (e) An individual licensed or working for a…
- § 76537 “Individual” means a person, as defined in Section 64506.
- § 76540 “Marketing association” means any commercial fishermen’s organization established on either a local, county, or statewide level, incorporated in this state, to…
- § 76550 “Processor” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section…
- § 76560 “Receiver” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section…
- § 76570 “Salmon” means the following species of fish: (a) King or chinook salmon (Oncorhynchus tshawytscha). (b) Silver or coho salmon (Oncorhynchus kisutch). (c) Pink…
- § 76571 “Salmon fishery” means either of the following: (a) One or more species of salmon taken offshore California with troll lines for commercial usage, treated as a…
- § 76572 “Salmon products” means any item manufactured which contains 50 percent or more of salmon flesh or parts from salmon, including the head, scales, skin, bone,…
- § 76580 “Wholesaler” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section…
ARTICLE 2. General Provisions §§ 76600–76605 · 6 sections
- § 76600 The Legislature finds and declares that this chapter is enacted in the exercise of the power of this state for the purposes of protecting and furthering the…
- § 76601 The Legislature further finds and declares that the salmon fishery of this state is affected with a public interest, in that, among other things: (a) The…
- § 76602 The Legislature declares that the purposes of this chapter are as follows: (a) Enable the salmon fishery, with the aid of the state, to develop, maintain, and…
- § 76603 This chapter shall be liberally construed.
- § 76604 If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity does not affect other provisions or…
- § 76605 A violation of this chapter is a misdemeanor.
ARTICLE 3. Administration §§ 76650–76652 · 3 sections
- § 76650 The secretary shall administer and enforce this chapter, and may exercise any of the administrative powers that are conferred by Sections 11180 to 11191,…
- § 76651 Upon recommendation by the council, the secretary may adopt, consistent with this chapter, any regulations that cover the administration and enforcement of…
- § 76652 Upon the adoption of any regulations under this chapter, a copy of the regulations shall be displayed on the department’s Internet Web site. No regulation…
ARTICLE 4. California Salmon Council §§ 76700–76719 · 20 sections
- § 76700 (a) There is in the state government the California Salmon Council. The council shall be composed of nine voting members and their alternates, and three…
- § 76701 (a) The voting members of the council shall be appointed by the secretary, after consultation with the Director of Fish and Wildlife, giving due consideration…
- § 76702 (a) The commercial salmon vessel operators and their alternates shall be selected from lists of nominees submitted by marketing associations and any…
- § 76703 The voting members of the council shall each be appointed to a three-year term, except that in the first year of the council, three members shall be appointed…
- § 76704 The term of office of a member of the council shall begin on April 1 and expire on March 31.
- § 76705 Any vacancy in the membership of the council that occurs during the unexpired term shall be filled by the secretary for the unexpired term from the eligible…
- § 76706 The secretary may remove any member of the council or alternate for cause, and, upon that removal, there is a vacancy that shall be filled in the manner as…
- § 76707 The secretary shall give notice, not later than January 31 of each year, of the vacancies that will exist upon the expiration of terms on March 31, in writing,…
- § 76708 (a) The notice requesting nominations shall indicate that nominations shall be mailed or sent electronically to the secretary at his or her office in…
- § 76709 The nonvoting members of the council shall be representatives of the following agencies, as selected by the secretary: (a) The department. (b) The Department…
- § 76710 There is no fixed term for nonvoting members of the council. The agencies may, but are not required to, select an alternate for their representative.
- § 76711 A majority of the voting members of the council shall constitute a quorum for the transaction of all business, including the election of officers.
- § 76712 (a) The council shall select annually from its voting members, to serve at its pleasure, a chair and vice chair. (b) The chair and vice chair, together with…
- § 76713 The council shall hold two regular meetings in each year at times and places which are fixed by the council. The times for regular meetings shall be fixed so…
- § 76714 The voting members of the council shall receive forty dollars ($40) per day per diem for each day spent in actual attendance at the meetings or on the business…
- § 76715 No member of the council, except members of the executive committee, shall receive compensation for more than three days’ service per month. The chair may…
- § 76716 The secretary may require any employee or agent of the council to give a fidelity bond, executed by a surety company that is authorized to do business in this…
- § 76717 No member or employee of the council shall be held responsible individually to any person for liability on any contract or agreement of the council. All…
- § 76718 An alternate member of the council shall sit as a voting member of the council if the member for whom he or she is an alternate fails for any reason to attend…
- § 76719 The Legislature finds and declares that commercial salmon vessel operators, receivers, processors, wholesalers, or exporters appointed to the council pursuant…
ARTICLE 5. Powers and Duties §§ 76750–76754 · 5 sections
- § 76750 The duties of the council shall be advisory, except as to those duties that may be delegated to it by the secretary or as otherwise designated in this chapter.…
- § 76751 The council shall keep books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures that it deems necessary.…
- § 76752 A member, alternate, agent, or employee of the council shall not do any of the following: (a) Appear before any legislative committee of the state or federal…
- § 76753 Funds which are collected pursuant to this chapter shall not be used for political contributions.
- § 76754 The council shall prepare, annually, summarized statements of the activities in which it has been engaged in the previous annual period, and of the activities…
ARTICLE 6. Education, Research, and Public Information Programs §§ 76800–76802 · 3 sections
- § 76800 The secretary shall conduct, or may cause the council to conduct, programs of education, research, or public information, that are designed to accomplish the…
- § 76801 No program or activity which is conducted or sponsored pursuant to this chapter shall make false or unwarranted claims, or disparage the quality, value, use,…
- § 76802 The council shall not expend council funds for the advertising of brand name salmon products. The council may expend council funds to conduct cost-sharing…
ARTICLE 7. Purchase of Allocation Shares §§ 76850–76852 · 3 sections
- § 76850 The Attorney General shall annually review all applicable state and federal laws, regulations, and procedures used to set salmon fishing seasons and shall…
- § 76851 If the Attorney General determines under Section 76850 that selling allocation rights to harvest salmon would be binding and consistent with California public…
- § 76852 The council, in any negotiations for the purchase of tribal allocations of rights to harvest, if any, however they may exist, may, with the secretary, seek…
ARTICLE 8. Financial Provisions §§ 76900–76910 · 13 sections
- § 76900 Programs and administration of the activities that are conducted pursuant to this chapter shall be funded as follows: (a) (1) Every fisherman who sells salmon…
- § 76901 Consistent with Section 8041 of the Fish and Game Code, the following persons shall remit the fees required by subdivision (a) of Section 76900 to the…
- § 76901.5 (a) Each person who is required by this chapter to collect a fee from fishermen or pay a fee as a handler shall maintain a complete and accurate record of all…
- § 76902 Except as specified in Section 76905, the amount of fees due under this article shall be determined by multiplying the weight in the round of salmon by two…
- § 76903 The fees imposed under this article shall be paid monthly to the secretary within 60 days after the last day of each month. If fees are not paid within 60 days…
- § 76904 Sections 8058 to 8070, inclusive, of the Fish and Game Code apply to claims for overpayment of fees to the secretary. For purposes of this section,…
- § 76904.5 The secretary may consult with and enter into agreements with the Director of Fish and Wildlife where necessary and reasonable, to assist in the administration…
- § 76905 After one year after the establishment of the council, and not before the commercial salmon season of 1990, the council may recommend to the secretary an…
- § 76906 (a) All money that is collected by the secretary pursuant to this chapter shall be deposited in any bank, or other depository that is approved by the Director…
- § 76907 Money that is deposited pursuant to Section 76906 may be invested and reinvested by the Treasurer or the council in any of the securities described in Article…
- § 76908 The secretary, after consultation with the council, shall prepare an annual budget that sets forth in reasonable detail the proposed expenditures that the…
- § 76909 The secretary may receive funds in amounts that may be reasonable and necessary to defray the initial expenses in making effective this chapter. The secretary…
- § 76910 The secretary may accept contributions to advance the purposes of this chapter. If requested by the donor, the contributions shall be segregated and separately…
ARTICLE 9. Implementation and Voting Procedure for Fishermen §§ 76950–76955 · 7 sections
- § 76950 On or before August 15, 1989, the secretary shall establish a list of commercial salmon vessel operators eligible to vote on implementation of this chapter. In…
- § 76951 Any commercial salmon vessel operator whose name does not appear upon the secretary’s list of commercial salmon vessel operators affected may have his or her…
- § 76952 This chapter, except as necessary to conduct an implementation referendum vote under this article, shall not become operative until the secretary finds in an…
- § 76953 The secretary shall establish a period in which to conduct the implementation referendum that shall not be more than 60 days in duration, and may prescribe…
- § 76953.5 (a) Before the referendum vote is conducted by the secretary, the proponents of the council shall deposit with the secretary the amount that the secretary…
- § 76954 Nonreceipt of a ballot shall not invalidate a referendum.
- § 76955 (a) If the secretary finds that a favorable vote has been given, the secretary shall so certify and give notice of the favorable vote to all commercial salmon…
ARTICLE 9.5. Implementation and Voting Procedure for Handlers §§ 76961–76967 · 7 sections
- § 76961 On or before January 31, 2016, the secretary shall establish a list of handlers eligible to vote on whether they shall be subject to this chapter. In…
- § 76962 Any handler whose name does not appear upon the secretary’s list of handlers may have his or her name established on the list by filing with the secretary a…
- § 76963 This chapter shall not apply to handlers until the secretary finds in a referendum conducted by the secretary under this article that at least 40 percent of…
- § 76964 The secretary shall establish a period in which to conduct the referendum that shall not be more than 60 days in duration, and may prescribe additional…
- § 76965 (a) Before the referendum vote is conducted by the secretary, the proponents of this article shall deposit with the secretary the amount that the secretary…
- § 76966 Nonreceipt of a ballot shall not invalidate a referendum.
- § 76967 (a) If the secretary finds that a favorable vote has been given, the secretary shall so certify and give notice of the favorable vote to all handlers whose…
ARTICLE 10. Continuation §§ 76971–76974 · 4 sections
- § 76971 (a) Between January 1, 2019, and February 28, 2019, and in the same period each five years thereafter, the secretary shall, by the public hearing procedure,…
- § 76972 If the secretary determines that a referendum procedure is appropriate, the secretary shall establish a referendum period of not to exceed 30 days during which…
- § 76973 If the council program is submitted to a referendum as provided in this article, the secretary shall find that commercial salmon vessel operators and, if…
- § 76974 (a) This chapter shall continue if commercial salmon vessel operators and handlers vote for continuation in accordance with the requirements of this article.…
ARTICLE 11. Termination § 76981 · 1 section
- § 76981 If the commercial salmon vessel operators and the handlers vote to terminate the council pursuant to Article 10 (commencing with Section 76971), the council…