2005 Idaho Code - 22-4403 — IDAHO AQUACULTURE COMMISSION -- ESTABLISHED -- COMPOSITION -- QUALIFICATION OF MEMBERS -- MEETINGS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 44
                         IDAHO AQUACULTURE COMMISSION
    22-4403.  IDAHO AQUACULTURE COMMISSION -- ESTABLISHED -- COMPOSITION --
QUALIFICATION OF MEMBERS -- MEETINGS. (1) A commission on Idaho aquaculture,
hereinafter referred to in this chapter as "the commission," is hereby
established in the department of self-governing agencies. The commission shall
be composed of five (5) members appointed by the governor as follows:
    (a)  Three (3) members shall be from the producer segment of the industry;
    (b)  Two (2) members shall be from the processor segment of the industry.
Nominations for the initial appointments to the commission shall be made
pursuant to the provisions of subsection (6) of this section.
    (2)  Members must meet the following qualifications:
    (a)  Be a United States citizen and a resident of the state of Idaho;
    (b)  Be over the age of twenty-five (25) years;
    (c)  Producer members shall be persons who have been actively engaged in
    the production of an aquaculture product within the state of Idaho with a
    major portion of their income from aquaculture derived from commercial
    fisheries, whether operating as a sole proprietor, partnership,
    corporation, limited liability company, cooperative, or other business
    entity;
    (d)  Processor members shall be persons who have been actively engaged as
    processors within the state of Idaho with a major portion of their income
    from aquaculture derived from aquaculture processing, sales, handling,
    packing, shipping, or buying and selling aquaculture products as an agent
    or broker, whether operating as a sole proprietor, partnership,
    corporation, limited liability company, cooperative, or other business
    entity;
    (e)  No more than one (1) person from any partnership, corporation,
    limited liability company, cooperative, or other business entity shall
    serve as a member of the commission at the same time.
    (3)  Each member of the commission shall be appointed by the governor for
a term of three (3) years. Provided however, that the initial appointments in
the first year shall be appointments of two (2) years for one (1) producer
member, three (3) years for two (2) producer members, two (2) years for one
(1) processor member and three (3) years for one (1) processor member. No
member of the commission may be removed by the governor during his or her term
of office unless for cause of incapacity, incompetence, neglect of duty,
malfeasance in office, or failure to continue to meet the qualifications set
forth in subsection (2) of this section. In the event a commissioner vacancy
occurs prior to the expiration of a scheduled term, the commission shall
conduct a meeting and nominate two (2) nominees. The names of the nominees
shall be submitted to the governor who shall appoint one (1) of the nominees
to fill the unexpired term.
    (4)  Members shall serve no more than two (2) consecutive terms without
the lapse of one (1) full term occurring prior to being eligible for
reappointment.
    (5)  Members shall serve without compensation from the state.
    (6)  Nominations for the initial appointments to the commission under
subsection (1) of this section shall be made in the following manner:
    (a)  At the time of the effective date of this act, the Idaho aquaculture
    association shall set a date, time and location for a meeting where
    nominations for membership shall be voted upon;
    (b)  At least thirty (30) days prior to the meeting date, the association
    shall send written notification setting forth the date, time and location
    of such meeting to all producers and processors in the state of Idaho,
    regardless of whether a producer or processor is a member of the
    association;
    (c)  At least thirty (30) days prior to the meeting date, the association
    shall post written notice of the meeting in places of business involved in
    the aquaculture industry;
    (d)  At least thirty (30) days prior to the meeting date, the association
    shall provide written notice of the meeting to the department of
    agriculture and, upon receipt, the department shall post the notice on
    their official website.
No less than two (2) nominees shall be chosen for submission to the governor
for each vacancy. Nominations as voted upon at the time of the meeting shall
be submitted to the governor within fourteen (14) days of the meeting. The
governor shall make appointments to the commission within thirty (30) days of
receipt of nominations.
    (7)  The commission shall elect a chair from among its members each
calendar year. After its original organizational meeting, the commission shall
meet at the call of the chair or by a consensus of three (3) members of the
commission. A majority of the members of the commission constitutes a quorum
and an official action of the commission may be taken with a majority vote of
the quorum. The commission shall, at a minimum, conduct quarterly meetings of
the commission and an annual meeting of all producers and processors.
Notification of the date, time and location of annual meetings shall be made
in accordance with the provisions set forth in paragraphs (b), (c) and (d) of
subsection (6) of this section. Nominations for terms on the commission that
are scheduled to expire prior to the next annual meeting shall be voted upon
during the annual meeting and submitted to the governor. No less than two (2)
nominees shall be chosen for submission to the governor for each upcoming
vacancy.