Title FAC — California Food & Agric. Code

This chapter shall be known and may be cited as the “California Salmon Marketing and Development Act.”

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

“Council” means the California Salmon Council.

“Commercial salmon vessel operator” is a commercial fisherman who operates a commercial salmon vessel for which a valid commercial salmon vessel permit has been issued pursuant to Article 4.5 (commencing with Section 8230) of Chapter 2 of Part 3 of Division 6 of the Fish and Game…

“Exporter” means any individual who is, or an individual working for a partnership, corporation, or any other business unit or organization which is, engaged in the export to a foreign nation or nations of salmon which has been landed in California.

“Fiscal year” means from April 1 of a year to March 31 of the next succeeding year.

“Fisherman” means an individual licensed to commercially harvest fish pursuant to Sections 7850 to 7852, inclusive, of the Fish and Game Code.

“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 partnership, corporation, or any other business unit or organization licensed pursuant to subdivision (a) of Section 8032 of the F…

“Individual” means a person, as defined in Section 64506.

“Marketing association” means any commercial fishermen’s organization established on either a local, county, or statewide level, incorporated in this state, to enable fishermen to collectively negotiate and issue orders and agreements with receivers for the purchase of their catc…

“Processor” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section 8034 of the Fish and Game Code and engaged in the California commercial salmon fishery.

“Receiver” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section 8033 of the Fish and Game Code and engaged in the California commercial salmon fishery.

“Salmon” means the following species of fish: (a) King or chinook salmon (Oncorhynchus tshawytscha). (b) Silver or coho salmon (Oncorhynchus kisutch). (c) Pink or humpback salmon (Oncorhynchus gorhuscha).

“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 unit for the purposes of conservation, restoration, management, marketing, or promotion. (b) Any economic activity invol…

“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, or entrails, and which is intended for human consumption, medicine, animal feed, fertilizer, or other purposes.

“Wholesaler” means any individual licensed or working for a partnership, corporation, or any other business unit or organization licensed pursuant to Section 8035 of the Fish and Game Code and engaged in the California commercial salmon fishery.

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 public health and welfare.

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 harvesting, processing, manufacturing, and distributing of salmon and salmon products constitute a paramount industry of this …

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 expand the state, nationwide, and foreign markets for salmon and salmon products harvested, processed, manufactured, sold…

This chapter shall be liberally construed.

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 applications of this chapter that can be given effect without the invalid provision or application, and to this end the …

A violation of this chapter is a misdemeanor.

The secretary shall administer and enforce this chapter, and may exercise any of the administrative powers that are conferred by Sections 11180 to 11191, inclusive, of the Government Code upon a head of a department. In order to effectuate the declared purposes of this chapter, t…

Upon recommendation by the council, the secretary may adopt, consistent with this chapter, any regulations that cover the administration and enforcement of this chapter that may be necessary to carry out the purposes and attain the objectives of this chapter, except the secretary…

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 shall become effective until five days after the date of display on the Internet Web site and mailing to every marketing asso…

(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 nonvoting members. (b) If handlers have become subject to this chapter pursuant to Article 9.5 (commencing with Section 76961),…

(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 to proper geographic distribution. (b) The nine members shall include: (1) Five commercial salmon vessel operators or the…

(a) The commercial salmon vessel operators and their alternates shall be selected from lists of nominees submitted by marketing associations and any organization deemed to represent the majority of organized commercial salmon vessel operators, and from nominations by individual c…

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 to one-year terms; three members shall be appointed to two-year terms; and three shall be appointed to three-year terms.

The term of office of a member of the council shall begin on April 1 and expire on March 31.

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 nominees. No council member or alternate shall serve more than two consecutive three-year terms. Service as an alternate do…

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 provided for the unexpired term in Section 76705.

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, to all marketing associations and organizations deemed to represent the majority of organized fishermen, or receivers, p…

(a) The notice requesting nominations shall indicate that nominations shall be mailed or sent electronically to the secretary at his or her office in Sacramento and that the secretary shall consider nominations sent electronically or postmarked not later than March 1. (b) Nominat…

The nonvoting members of the council shall be representatives of the following agencies, as selected by the secretary: (a) The department. (b) The Department of Fish and Wildlife. (c) The California Sea Grant Program.

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.

A majority of the voting members of the council shall constitute a quorum for the transaction of all business, including the election of officers.

(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 four other voting members, selected annually by the council, shall constitute the executive committee of the council. The e…

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 that there is an interval of at least four calendar months between the meetings. Consideration shall be given for the comm…

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 of the council and shall be reimbursed for necessary traveling and other expenses incurred in the performance of their o…

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 receive compensation for not more than seven days per month.

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 state, in favor of the secretary, in the sum, and containing any terms and conditions, that the secretary may prescribe. …

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 salaries, expenses, costs, obligations, and liabilities that arise out of the administration and enforcement of this chapter ar…

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 any meeting of the council. The alternate member shall be compensated and reimbursed in the same manner and to the same e…

The Legislature finds and declares that commercial salmon vessel operators, receivers, processors, wholesalers, or exporters appointed to the council pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and t…

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. The council may, subject to the approval of the secretary, exercise any of the following powers that may be delegated to…

The council shall keep books, records, and accounts of all its transactions, dealings, contracts, agreements, funds, and expenditures that it deems necessary. The books, records, and accounts shall at all times be open to inspection and audit by the director.

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 government as a representative of the council unless requested to do so by that committee. (b) Lobby in any manner as a re…

Funds which are collected pursuant to this chapter shall not be used for political contributions.

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 in which it proposes to engage in the ensuing annual period. The statements shall be made available to all marketing asso…