CHAPTER 25.5. California Spiny Lobster Commission
Chapter 25.5 added by Stats. 2017, Ch. 503, Sec. 1.
§§ 79150–79197.5 · 80 sections
ARTICLE 1. Declarations and General Provisions §§ 79150–79154.5 · 10 sections
- § 79150 The spiny lobster fishery includes both fishermen and handlers working together to provide a sustainable spiny lobster resource and to ensure a reliable supply…
- § 79150.5 The production and marketing of seafood, including spiny lobster, constitute an important industry of this state that provides substantial and necessary…
- § 79151 The production of spiny lobster for domestic consumption and export is one of the leading segments of the state’s commercial fishing industry. To maintain this…
- § 79151.5 The establishment of a commission is necessary for the efficient creation and management of a research program to develop improved harvesting and processing…
- § 79152 The successes that the spiny lobster fishery in California has enjoyed have come in large part through a commitment by the industry to support appropriate…
- § 79152.5 The harvesting, processing, and marketing of spiny lobster in this state is hereby declared to be affected with a public interest. The provisions of this…
- § 79153 No action taken by the commission, or by any individual in accordance with this chapter is a violation of the Cartwright Act (Chapter 2 (commencing with…
- § 79153.5 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…
- § 79154 Opportunity exists for increasing the stability and reliability of the spiny lobster fishery. The success of those efforts is uniquely dependent upon effective…
- § 79154.5 The commission form of administration created by this chapter is uniquely situated to provide those engaged in the spiny lobster fishery the opportunity to…
ARTICLE 2. Definitions §§ 79155–79158.5 · 8 sections
- § 79155 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 79155.5 “Commission” means the California Spiny Lobster Commission.
- § 79156 “Ex officio” means nonvoting members of the commission.
- § 79156.5 “Fiscal year” and “marketing season” have the same meaning as the period of February 1 of any year and extending through January 31 of the following year.
- § 79157 “Fisherman” or “fishermen” means a person licensed to commercially harvest fish pursuant to Section 7850 of the Fish and Game Code, who in addition holds a…
- § 79157.5 “Handler” means a person engaged with the following licensees: (a) Licensed pursuant to Section 8033 of the Fish and Game Code. (b) Licensed pursuant to…
- § 79158 “Spiny lobster” means the Panulirus interruptus species.
- § 79158.5 “Spiny lobster fishery” means any activity, including economic activity, involved in the harvesting, receiving, processing, manufacturing, or distributing of…
ARTICLE 3. The California Spiny Lobster Commission §§ 79160–79168 · 17 sections
- § 79160 (a) There is in the state government the California Spiny Lobster Commission. The commission shall be composed of six fishermen members and one public member.…
- § 79160.5 (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…
- § 79161 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…
- § 79161.5 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…
- § 79162 The commission shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to…
- § 79162.5 Alternates for regular members may be elected in the same manner as members. An alternate, in the absence of the member for whom he or she is substituting,…
- § 79163 A vacancy on the commission occurring by the failure of a person elected to the commission as a member or alternate to continue in his or her position due to a…
- § 79163.5 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…
- § 79164 A fisherman shall not be eligible to be elected to the commission as a member or alternate if he or she has been convicted of a violation of any law related to…
- § 79164.5 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,…
- § 79165 (a) The term of office of all members and alternates on the commission, except ex officio members, shall be three years from the beginning of the fishery…
- § 79165.5 The commission may sue and be sued and enter into contracts. Copies of its proceedings, records, and acts, when authenticated, shall be admissible in evidence…
- § 79166 A quorum of the commission shall be four voting members, including at least four fishermen members. Except as provided in Section 79196.5, the vote of a…
- § 79166.5 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.…
- § 79167 A member or alternate of the commission or member of a committee established by the commission who is a nonmember of the commission shall not receive a salary.…
- § 79167.5 (a) All moneys received by the commission or an agent of the commission from the assessments levied under this chapter or otherwise received by the commission…
- § 79168 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 §§ 79170–79179.7 · 21 sections
- § 79170 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…
- § 79170.5 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…
- § 79171 The commission may appoint its own officers, including a chair, one or more vice chairs, and other officers as it deems necessary. The officers shall have the…
- § 79171.5 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…
- § 79172 The commission may fix the compensation for all employees of the commission.
- § 79172.5 The commission may appoint committees composed of both members and nonmembers of the commission to advise the commission in carrying out this chapter.
- § 79173 The commission may establish offices and incur expenses, enter into any and all contracts and agreements, create liabilities, and borrow moneys in advance of…
- § 79173.5 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…
- § 79174 The commission may present facts to, and negotiate with, state, federal, and foreign agencies on matters that affect the spiny lobster fishery industry.
- § 79174.5 (a) The commission may carry out spiny lobster fishery industry educational programs with respect to proper methods of handling and preserving the quality of…
- § 79175 The commission may conduct, or contract with others to conduct, scientific research, including the study, analysis, dissemination, and accumulation of…
- § 79175.5 The commission may enter into contracts to acquire and render services in preparing plans and conducting programs and other contracts or agreements that the…
- § 79176 The commission may accept contributions of, or match private, state, or federal moneys, and employ or make contributions of moneys to other persons or state or…
- § 79176.5 The commission may collect information, including, but not limited to, spiny lobster fishery landing statistics, and publish and distribute without charge a…
- § 79177 The commission shall establish an assessment rate to defray the operating costs of the commission.
- § 79177.5 (a) The commission shall establish an annual budget and maintain records of expenditures according to generally accepted accounting practices. The budget shall…
- § 79178 The commission shall submit to the secretary for his or her concurrence an annual statement of contemplated activities authorized pursuant to this chapter.
- § 79178.5 The commission and the secretary shall keep confidential and shall not disclose, except when required by a court order after a hearing in a judicial…
- § 79179 The commission may investigate and prosecute civil violations of this chapter and file complaints with appropriate law enforcement agencies or officers for…
- § 79179.5 The commission may administer any government program engaged in the activities authorized by this chapter and that directly affects the spiny lobster fishery,…
- § 79179.7 The commission may approve payment of a stipend to commission members of not more than one hundred forty-five dollars ($145) for each day a member is on…
ARTICLE 5. Implementation and Voting Procedures §§ 79180–79182.5 · 6 sections
- § 79180 (a) Within 60 days of the effective date of this chapter, the secretary shall establish a list of fishermen eligible to vote on the implementation of this…
- § 79180.5 This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds in a referendum vote…
- § 79181 (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…
- § 79181.5 (a) If the secretary finds that a favorable vote has been given, pursuant to Section 79180.5, the secretary shall certify and give notice of the favorable vote…
- § 79182 (a) Before a referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount…
- § 79182.5 (a) If the first referendum vote conducted pursuant to this article fails and a second referendum vote is not conducted and certified as of the date that is…
ARTICLE 6. Assessments and Records §§ 79185–79190.5 · 12 sections
- § 79185 (a) The commission shall establish an assessment for the season not later than February 1 of each year. The assessment in the marketing season of the…
- § 79185.5 Every person who handles spiny lobster in any quantity shall keep a complete and accurate record of all transactions involving the purchase or sale of spiny…
- § 79186 (a) All proprietary information obtained by the commission or the secretary from any source, including, but not limited to, the names and addresses of…
- § 79186.5 The first handler of spiny lobster being assessed shall deduct the assessment from amounts paid by him or her to the fisherman, and shall be a trustee of these…
- § 79187 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…
- § 79187.5 Any person who fails to pay an assessment, including submitting any records required by the commission, within the time required by the commission shall pay to…
- § 79188 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…
- § 79188.5 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,…
- § 79189 The commission shall establish procedures for the purpose of according individuals aggrieved by its actions or determinations an informal hearing before the…
- § 79189.5 (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…
- § 79190 Any action by the commission for any violation of this chapter shall be commenced within two years from the date of the discovery of the alleged violation. Any…
- § 79190.5 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…
ARTICLE 7. Continuation or Suspension and Termination §§ 79195–79197.5 · 6 sections
- § 79195 Every five years, commencing with the fifth year following certification of the commission, the secretary shall hold a hearing to determine whether the…
- § 79195.5 If the secretary finds after conducting a hearing that no substantial question exists or that a favorable vote has been given, the secretary shall certify that…
- § 79196 The process specified in Section 79195 shall be conducted by the secretary every fifth year following the initial certification of the commission, unless a…
- § 79196.5 (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,…
- § 79197 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…
- § 79197.5 Upon the suspension of the operation of this chapter, the commission shall mail a copy of the notice of the suspension to all eligible persons affected by the…