2007 California Food and Agricultural Code Article 4. California Salmon Council

CA Codes (fac:76700-76719)

76700.  There is in the state government the California Salmon
Council.  The council shall be composed of nine voting members and
their alternates, and five nonvoting members.



76701.  The voting members of the council shall be appointed by the
director, after consultation with the Director of Fish and Game,
giving due consideration to proper geographic distribution.  The nine
members shall include:
   (a) Five commercial salmon vessel operators or their
representatives, and their alternates.
   (b) Two handlers who are receivers or processors or their
representatives, and their alternates.
   (c) One representative of a handler who is an exporter or a
wholesaler, and an alternate.
   (d) One public member, and an alternate.



76702.  (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 commercial salmon vessel operators.
   (b) The receivers, processors, wholesalers, or exporters and their
alternates shall be selected from lists of nominees submitted by an
organization deemed to represent the majority of those organized
groups in the state, and from individual receivers, processors,
wholesalers, and exporters.
   (c) The public member and alternate shall be selected by the
director from a list submitted by the commercial salmon vessel
operators and handler members of the council.



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



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 which occurs
during the unexpired term shall be filled by the director 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 does not disqualify a person to then serve
two additional terms as a member, and a member who was appointed for
a one-year or a two-year term may serve two additional three-year
terms.


76706.  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 as provided for the unexpired term in
Section 76705.


76707.  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, to all marketing associations and
organizations deemed to represent the majority of organized
fishermen, or receivers, processors, wholesalers, and exporters, and
shall issue any press releases and public statements that the
director deems appropriate requesting nominations.



76708.  (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 will consider nominations received
by mail postmarked not later than March 1.
   (b) Nominations shall set forth all of the following:
   (1) The name and address of each nominee.
   (2) Whether each nominee is being nominated as a member or
alternate member.
   (3) The type of category for which the nominee is being nominated.

   (4) The list of qualifications and supporters, if any, for the
nominee.
   (5) The name and address of the nominating marketing association,
organization, or individual.



76709.  The nonvoting members of the council shall be
representatives of the following agencies, as selected by the
director:
   (a) The department.
   (b) The Department of Fish and Game.
   (c) The California Sea Grant Program.
   (d) The West Coast Fisheries Development Foundation or the Coastal
Fisheries Foundation.
   (e) The California State World Trade Commission.



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 four other voting
members, selected annually by the council, shall constitute the
executive committee of the council.  The executive committee shall
have and exercise any powers of the council that the council may
delegate to it.



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 that there is an interval of at
least four calendar months between the meetings.  Consideration shall
be given for the commercial fishing season and no regular meeting
shall be held during the commercial salmon season.  The council may
meet in special meetings at any time and place at the call of the
chair or upon the written request of five members of the council. The
executive committee shall have two regular meetings each year at
times and places which are fixed by it, and may meet in special
meetings at any time and place at the call of the chair or on call of
a majority of the members of the executive committee.



76714.  The voting members of the council shall receive forty
dollars () 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 official duties, except, during
the first year of council operations, when members shall serve at
their own expense.  Nonvoting members shall be reimbursed at the same
rate as voting members  when their agencies do not pay their
expenses.  Alternates shall only be paid expenses and per diem for
meetings at which they serve as the replacement for the regular
member.



76715.  No member of the council, except a member of the executive
committee, shall receive compensation for more than three days'
service per month, except the chair, who may receive compensation for
not more than seven days per month.


76716.  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 state, in favor of the director,
in the sum, and containing any terms and conditions, that the
director may prescribe.  The cost of the fidelity bonds of employees
or agents of the council shall be paid from the funds which are
collected pursuant to this chapter.



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 salaries, expenses, costs,
obligations, and liabilities which arise out of the administration
and enforcement of this chapter are payable only from funds which are
collected pursuant to the provisions of this chapter.



76718.  An alternate member of the council shall sit as a regular
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 extent as a regular member when so serving.
When so serving, the alternate member has all of the powers, duties,
liabilities, and immunities of the member in whose place he or she is
serving, except that the alternate to the chair or vice chair shall
not succeed to the functions of these offices.



76719.  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 that this representation and furtherance is
intended to serve the public interest.  Accordingly, the Legislature
finds and declares that, with respect to persons who are appointed to
the council, the particular agricultural industry concerned is
tantamount to, and constitutes, the public generally within the
meaning of Section 87103 of the Government Code.