CHAPTER 23. California Seafood Council

Chapter 23 added by Stats. 1990, Ch. 1151, Sec. 1.

§§ 78401–78588 · 84 sections

1. ARTICLE 1. Short Title and Definitions §§ 78401–78415 · 15 sections

   • § 78401 This chapter shall be known and may be cited as the “California Seafood Marketing, Research, and Development Act.”
   • § 78402 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 78403 “Council” means the California Seafood Council.
   • § 78404 “Exporter” means any person who is engaged, or who works for a person who is engaged, in the export to a foreign nation or nations of seafood landed in…
   • § 78405 “Fiscal year” means from April 1 of a year to March 31, inclusive, of the next succeeding year.
   • § 78406 “Fisherman” means any person licensed to commercially harvest fish or shellfish pursuant to Sections 7850 to 7852, inclusive, of the Fish and Game Code who…
   • § 78407 “Fishery” means: (a) Each species or group of fish or shellfish harvested in ocean waters landed in California that are treated as a unit for purposes of…
   • § 78408 “Handler” means any of the following: (a) A processor engaged in the California fishery. (b) A receiver engaged in the California fishery. (c) A wholesaler…
   • § 78409 “Marketing association” means any commercial fishermen’s organization established on either a local, county, or statewide level, incorporated in this state, to…
   • § 78410 “Person” has the same meaning as that term is defined by Section 38.
   • § 78411 “Processor” means any person who is licensed or who works for any person who is licensed pursuant to Section 8034 of the Fish and Game Code and engaged in the…
   • § 78412 “Receiver” means any person who is licensed or who works for a person who is licensed pursuant to Section 8033 of the Fish and Game Code and engaged in the…
   • § 78413 “Wholesaler” means any person who is licensed or who works for a person who is licensed pursuant to Section 8035 of the Fish and Game Code and engaged in the…
   • § 78414 “Ex-vessel price” means the price paid to fishermen for fish or shellfish by receivers at the point of first sale.
   • § 78415 “Sponsor” means a person or company that is not a member of the council but who supports and wishes to contribute to programs established by the director on…
2. ARTICLE 2. General Provisions §§ 78425–78430 · 6 sections

   • § 78425 The Legislature finds and declares that this chapter is enacted in the exercise of the police power of this state for the purposes of protecting and furthering…
   • § 78426 The Legislature further finds and declares that the fisheries of this state are affected with a public interest, in that, among other things: (a) The…
   • § 78427 The Legislature declares that the purposes of this chapter are as follows: (a) To enable the seafood industry, with the aid of the state, to educate the public…
   • § 78428 This chapter shall be liberally construed.
   • § 78429 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…
   • § 78430 A violation of this chapter is a misdemeanor.
3. ARTICLE 3. Administration §§ 78450–78452 · 3 sections

   • § 78450 The director shall administer and enforce this chapter, and may exercise any of the administrative powers which are conferred by Article 2 (commencing with…
   • § 78451 Upon recommendation by the council, the director may adopt, consistent with this chapter, any regulations relating to the administration and enforcement of…
   • § 78452 Upon the adoption of any regulations under this chapter, a copy of the regulations shall be posted on a bulletin board which shall be maintained by the…
4. ARTICLE 4. California Seafood Council §§ 78475–78496 · 22 sections

   • § 78475 There is in the State of California the California Seafood Council. The council shall be composed of not less than 11 voting members and their alternates, and…
   • § 78476 The voting members of the council shall be appointed by the secretary, giving due consideration to proper geographic distribution. The voting members shall…
   • § 78477 (a) If, pursuant to Section 78577, the receivers vote in favor of the council and the fishermen do not, the council shall be implemented with seven members and…
   • § 78478 (a) The fishermen and their alternates shall be selected from lists of nominees submitted by marketing associations and any organization deemed by the director…
   • § 78479 The voting members of the council shall each be appointed to a three-year term, except that in the first year of the council, four members shall be appointed…
   • § 78480 If, pursuant to Section 78577, either the fishermen or the receivers, but not both, vote in favor of the council, the voting members of the council shall each…
   • § 78481 The term of office of a member of the council shall begin on April 1 and expire on March 31.
   • § 78482 Any vacancy in the membership of the council which occurs during the unexpired term shall be filled by the director for the unexpired term from the eligible…
   • § 78483 The director may remove any member of the council or alternate for cause, and, upon that removal, there is a vacancy which shall be filled in the manner…
   • § 78484 The director 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,…
   • § 78485 (a) The notice requesting nominations shall indicate that nominations shall be mailed to the director at his or her office in Sacramento and that the director…
   • § 78486 One nonvoting member of the council may be appointed by the secretary to represent each of the following entities: (a) The department. (b) The Department of…
   • § 78487 There is no fixed term for nonvoting members of the council. The agencies listed in Section 78486 may select an alternate for their representative.
   • § 78488 A majority of the voting members of the council shall constitute a quorum for the transaction of all business, including the election of officers.
   • § 78489 (a) The council shall select annually from its voting number, to serve at its pleasure, a president, vice president, and treasurer. The immediate past…
   • § 78490 The council shall hold at least two regular meetings in each year at times and places that are fixed by the council. The council may meet in special meetings…
   • § 78491 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…
   • § 78492 No member of the council, except a member of the executive committee, shall receive per diem for more than seven days per month, except the chairperson, who…
   • § 78493 The director may require any employee or agent of the council to give a fidelity bond, executed by a surety company which is authorized to do business in this…
   • § 78494 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…
   • § 78495 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 does not attend any meeting of…
   • § 78496 The Legislature finds and declares that fishermen, receivers, processors, wholesalers, or exporters appointed to the council pursuant to this article are…
5. ARTICLE 5. Powers and Duties §§ 78500–78504 · 5 sections

   • § 78500 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.…
   • § 78501 The council shall keep books, records, and accounts of all of its transactions, dealings, contracts, agreements, funds, and expenditures that it deems…
   • § 78502 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…
   • § 78503 Funds which are collected pursuant to this chapter shall not be used for political contributions.
   • § 78504 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…
6. ARTICLE 6. Education, Research, and Public Information Programs §§ 78525–78527 · 3 sections

   • § 78525 The secretary shall conduct, or may cause the council to conduct, programs of education, research, or public information, that are designed to accomplish any…
   • § 78526 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,…
   • § 78527 The council shall not expend council funds for advertising brand name seafood products as determined by the council, except for promotions carried out on…
7. ARTICLE 7. Financial Provisions §§ 78550–78564 · 16 sections

   • § 78550 In order to carry out the programs and administer the activities that are conducted pursuant to this chapter, except as specified in Section 78557, a fee shall…
   • § 78551 The fisherman and the receiver shall each pay one-half of the fee established pursuant to Section 78550 for each pound of fish landed. If the fishermen vote,…
   • § 78552 The fees, whether from fishermen or receivers, or both, that are collected pursuant to this article shall be forwarded by the receivers, except as provided…
   • § 78552.5 (a) Notwithstanding any other provision of this article, in any calendar year in which a fisherman who is selling to the public lands, or a receiver receives,…
   • § 78553 (a) Each receiver who is required by this chapter to pay a fee or collect a fee from fishermen shall maintain a complete and accurate record of all…
   • § 78554 (a) The collection of funds from anyone who does not pay or remit fees due and payable shall be conducted as follows: (1) Pursuant to Section 8053 of the Fish…
   • § 78555 Every claim or refund for credit for overpayment of fees shall be in writing and shall state the specific ground upon which the claim is based.
   • § 78556 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,…
   • § 78557 One year after the establishment of the council, the council may recommend to the secretary an increase over and above four-tenths of 1 percent of the price…
   • § 78558 (a) All money that is collected by the council pursuant to this chapter shall be deposited in any bank, or other depository that is approved by the Director of…
   • § 78559 Money that is deposited pursuant to Section 78558 may be invested and reinvested by the council in any of the securities described in Article 1 (commencing…
   • § 78560 The director, after consultation with the council, shall adopt an annual budget which sets forth the proposed expenditures which the director deems necessary…
   • § 78560.5 The council may allocate a percentage of the contribution from one or a series of species and gear types to conduct species and gear specific programs. In…
   • § 78561 To the extent that programs for specific species of fish or shellfish are included in the budget, as opposed to programs to benefit generally all the species…
   • § 78563 The secretary may accept contributions from any source or may receive grants or contracts for funds pursuant to subdivision (b) of Section 35062 of the Public…
   • § 78564 The council may develop guidelines for the establishment and operation of a “credit-back” program for receivers and fishermen, which authorizes the…
8. ARTICLE 8. Implementation, Voting Procedure, and Termination §§ 78575–78588 · 14 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 78579 (a) Unless funds are otherwise provided by the Secretary for Environmental Protection, before the referendum vote is conducted by the secretary, the proponents…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 78585 If the secretary determines that a review referendum procedure is appropriate or, pursuant to subdivision (b) of Section 78584, required, the secretary shall…
   • § 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…
   • § 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…
   • § 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…