CHAPTER 25. Sea Urchins [79000. - 79145.]
Chapter 25 added by Stats. 2002, Ch. 973, Sec. 2.
§§ 79000–79145 · 80 sections
ARTICLE 1. Declarations and General Provisions §§ 79000–79009 · 10 sections
- § 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…
- § 79001 The production and marketing of seafood, including sea urchin, constitute an important industry of this state that provides substantial and necessary revenues…
- § 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…
- § 79003 The establishment of a commission is necessary for the efficient creation and management of a research program to develop improved harvesting and processing…
- § 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…
- § 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…
- § 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…
- § 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…
- § 79008 Opportunity exists for increasing the stability and reliability of the sea urchin fishery. The success of those efforts is uniquely dependent upon effective…
- § 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…
ARTICLE 2. Definitions §§ 79020–79026 · 7 sections
- § 79020 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 79021 “Commission” means the California Sea Urchin Commission.
- § 79022 “Fiscal year” means from April 1 of a year to March 31 of the next succeeding year.
- § 79023 “Diver” means an individual licensed to commercially harvest fish pursuant to Section 7850 of the Fish and Game Code, and who in addition holds a valid sea…
- § 79024 “Handler” means any individual or person working for any individual or business entity licensed as one of the following who can document that they are…
- § 79025 “Sea urchin” means the following species of fish: (a) Red sea urchin (Strongylocentrotus franciscanus). (b) Purple sea urchin (Strongylocentrotus purpuratus).…
- § 79026 “Sea urchin fishery” means any activity, including economic activity, involved in the harvesting, receiving, processing, manufacturing, or distributing of sea…
ARTICLE 3. The California Sea Urchin Commission §§ 79040–79057 · 18 sections
- § 79040 There is in the state government the California Sea Urchin Commission. The commission shall be composed of 11 voting members, including five sea urchin…
- § 79041 (a) The secretary may require the commission to correct or cease any existing activity or function that is determined by the secretary not to be in the public…
- § 79042 The commission or the secretary may bring an action for judicial relief from the secretary’s written notice, or from noncompliance by the commission with the…
- § 79043 When the secretary is required to concur in a decision of the commission, the secretary shall give his or her response to the commission within 15 working days…
- § 79044 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
- § 79045 Except for nonvoting members, alternates for regular members may be elected in the same manner as members. An alternate shall, in the absence of the member for…
- § 79046 Any vacancy on the commission occurring by the failure of any person elected to the commission as a member or alternate to continue in his or her position due…
- § 79047 Any vacancy on the commission occurring by the failure of the public member to continue in his or her position due to a change in status making him or her…
- § 79048 (a) (1) Any handler member and his or her alternate on the commission shall be an individual handler or an employee or representative of one or more handlers…
- § 79049 (a)Any diver member and his or her alternate on the commission shall be an individual diver who has documented landings of sea urchin in the previous…
- § 79050 The public member and his or her alternate member on the commission shall have all the powers, rights, and privileges of any other member or alternate,…
- § 79051 (a) The term of office of all members and alternates on the commission, except nonvoting members, shall be two years from the beginning of the fishery season…
- § 79052 The commission shall be, and is hereby declared and created, a corporate body. It shall have the power to sue and be sued, to contract and be contracted with,…
- § 79053 A quorum of the commission shall be six voting members, including at least two handlers and two divers. Except as provided in Section 79143, the vote of a…
- § 79054 The secretary or his or her representative shall be notified and may attend each meeting of the commission and any committee meetings of the commission.…
- § 79055 No member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall receive a salary.…
- § 79056 (a) All funds received by the commission or an agent of the commission from the assessments levied under this chapter or otherwise received by the commission…
- § 79057 The state is not liable for the acts of the commission or its contracts. Payments of all claims arising by reason of the administration of this chapter or acts…
ARTICLE 4. Powers and Duties of the Commission §§ 79061–79081 · 21 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 79065 The commission may fix the compensation for all employees of the commission.
- § 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…
- § 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…
- § 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…
- § 79071 The commission may conduct, or contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of…
- § 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…
- § 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…
- § 79074 The commission may collect information, including, but not limited to, fishery landing statistics, and publish and distribute without charge, a bulletin,…
- § 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…
- § 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,…
- § 79079 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
- § 79080 The commission may administer any government program engaged in the activities authorized by this chapter and that directly affects the sea urchin fishery,…
- § 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…
ARTICLE 5. Implementation and Voting Procedures §§ 79100–79104 · 5 sections
- § 79100 (a) Within 60 days of the effective date of this chapter, the secretary shall establish a list of divers and handlers eligible to vote on implementation of…
- § 79101 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds at least one of the…
- § 79102 (a) The secretary shall establish a period in which to conduct the referendum, which shall not be less than 10 days or more than 60 days in duration, and may…
- § 79103 (a) If the secretary finds that a favorable vote has been given, pursuant to Section 79101, the secretary shall certify and give notice of the favorable vote…
- § 79104 (a) Prior to the referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the…
ARTICLE 6. Assessments and Records §§ 79120–79132 · 13 sections
- § 79120 (a) The commission shall establish an assessment for the season not later than February 1 of each year or continue the previous assessment. The assessment in…
- § 79121 (a) Every person or entity who handles sea urchin in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale…
- § 79122 (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of divers…
- § 79123 The first handler of sea urchin being assessed shall deduct the assessment from amounts paid by him or her to the diver, and shall be a trustee of these…
- § 79124 When the handler is a corporation, all of the directors and officers of the corporation in their capacity as individuals shall be included, and any liability…
- § 79125 Any person who fails to pay any assessment, including submitting any records required by the commission, within the time required by the commission shall pay…
- § 79126 In addition to any other penalty imposed, the commission may require any person who fails to pay an assessment or related charge pursuant to this article to…
- § 79127 It is a misdemeanor for any person to do any of the following: (a) Willfully render or furnish a false report, statement, or record required by the commission,…
- § 79128 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
- § 79129 (a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties, and for…
- § 79130 Any action by the commission for any violation of this chapter shall be commenced within two years from the date of discovery of the alleged violation. Any…
- § 79131 The termination of this chapter shall not affect or waive any right, duty, obligation, or liability that has arisen or that may thereafter arise in connection…
- § 79132 (a) The commission may consult and enter into agreements with the Director of Fish and Wildlife, if necessary and appropriate, to assist in the administration…
ARTICLE 7. Continuation or Suspension and Termination §§ 79140–79145 · 6 sections
- § 79140 Every five years, commencing with the fifth year following certification of the commission, the secretary shall hold a hearing to determine whether the…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…