Section § 78475

Explanation

The California Seafood Council is a group in California made up of at least 11 voting members and six nonvoting members. The number of voting members can change based on certain guidelines. Additionally, the council can have nonvoting, honorary members from related fishing industry interests if suggested by the council's executive team and approved by the secretary.

There is in the State of California the California Seafood Council. The council shall be composed of not less than 11 voting members and their alternates, and six nonvoting members. The number of voting members shall be adjusted in accordance with subdivision (e) of Section 78476. The council may include nonvoting, ex officio members representing interests allied to California’s fishing industry upon recommendation of the executive committee of the council and approval by the secretary.

Section § 78476

Explanation

This section outlines the composition of a council whose voting members are appointed by a secretary. The goal is to ensure geographic diversity. The council includes various stakeholders such as four receivers or processors, five fishermen using different types of fishing gear, one handler who is an exporter or wholesaler, one public member, and representatives for specific fisheries. If a new type of gear is involved, it can be added to the official list following a specific process involving a referendum and regulations by the secretary.

The voting members of the council shall be appointed by the secretary, giving due consideration to proper geographic distribution. The voting members shall include:
(a)CA Food And Agriculture Code § 78476(a) Four receivers or processors or their representatives, and their alternates.
(b)CA Food And Agriculture Code § 78476(b) Five fishermen who are licensed commercial fishing vessel owners, commercial fishermen or their representatives, and their alternates. The fishermen appointed pursuant to this subdivision shall each represent the users of one of the following types of fishing gear:
(1)CA Food And Agriculture Code § 78476(b)(1) Gill and trammel nets.
(2)CA Food And Agriculture Code § 78476(b)(2) Hook and line.
(3)CA Food And Agriculture Code § 78476(b)(3) Trawl nets.
(4)CA Food And Agriculture Code § 78476(b)(4) Round-haul nets.
(5)CA Food And Agriculture Code § 78476(b)(5) Traps.
(c)CA Food And Agriculture Code § 78476(c) One representative of a handler who is an exporter or a wholesaler, and an alternate.
(d)CA Food And Agriculture Code § 78476(d) One public member, and an alternate.
(e)CA Food And Agriculture Code § 78476(e) One representative of fishermen and receivers, or his or her representative, and his or her alternate, for each fishery described in subdivision (c) of Section 78407, commencing with the favorable vote in a referendum relating to that fishery. If the species to be included is taken by one of the gear types specified in subdivision (b), such as “groundfish trawl nets,” the species and gear type shall be added to the list of fishing gear types in subdivision (b) by regulation adopted by the secretary. If the gear type is not specifically listed in subdivision (b), it shall be included in the list by regulation adopted by the secretary upon a favorable vote in a referendum, a request from the new gear group, and a recommendation by the council.

Section § 78477

Explanation

This law outlines what happens if certain groups disagree on forming a council. If the receivers support the council but the fishermen don't, the council will have seven members, with fewer fishermen representatives. If the fishermen support the council but the receivers don't, there will be eight members, with fewer receiver or processor representatives.

(a)CA Food And Agriculture Code § 78477(a) If, pursuant to Section 78577, the receivers vote in favor of the council and the fishermen do not, the council shall be implemented with seven members and the number of fishermen representatives appointed pursuant to subdivision (b) of Section 78476 shall be reduced to one, and the alternate.
(b)CA Food And Agriculture Code § 78477(b) If, pursuant to Section 78577, the fishermen vote in favor of the council and the receivers do not, the council shall be implemented with eight members and the number of receiver or processor representatives appointed pursuant to subdivision (a) of Section 78476 shall be reduced to one, and the alternate.

Section § 78478

Explanation

This section outlines how different representatives related to the fishing industry in California are chosen for certain roles. Fishermen and their alternates are picked based on suggestions from marketing groups, relevant organizations, and individual nominations. Similarly, those in roles like receivers, processors, wholesalers, or exporters are chosen from lists provided by representative organizations and individual nominations. Additionally, the public member and their alternate are chosen by the director from lists submitted by council members who are receivers, handlers, and fishermen.

(a)CA Food And Agriculture Code § 78478(a) The fishermen and their alternates shall be selected from lists of nominees submitted by marketing associations and any organization deemed by the director to represent the majority of organized California commercial fishermen harvesting species of fish and shellfish included under this chapter and from nominations by individual fishermen.
(b)CA Food And Agriculture Code § 78478(b) The receivers, processors, wholesalers, or exporters and their alternates shall be selected from lists of nominees submitted by an organization deemed by the director to represent the majority of those organized groups in the state, and from individual receivers, processors, wholesalers, and exporters.
(c)CA Food And Agriculture Code § 78478(c) The public member and alternate shall be selected by the director from a list submitted by the receiver, handler, and fishermen members of the council.

Section § 78479

Explanation

This law sets the term lengths for voting members of a council. Normally, each member is appointed for three years. However, in the council's first year, there are staggered appointments: four members serve for one year, four for two years, and three for three years to ensure continuity.

The voting members of the council shall each be appointed to a three-year term, except that in the first year of the council, four members shall be appointed to one-year terms; four members shall be appointed to two-year terms; and three shall be appointed to three-year terms.

Section § 78480

Explanation

This law section explains how council members are appointed to terms if only one group, either fishermen or receivers, votes in favor of the council. Normally, council members serve three-year terms. However, initially, members are staggered with one-year, two-year, and three-year appointments to ensure continuity.

If, pursuant to Section 78577, either the fishermen or the receivers, but not both, vote in favor of the council, the voting members of the council shall each be appointed to a three-year term, except in the first year of the council when three members shall be appointed to one-year terms, three members shall be appointed to two-year terms, and the remaining members shall be appointed to three-year terms.

Section § 78481

Explanation

Members of the council serve terms that start on April 1 and end on March 31 of the following year.

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

Section § 78482

Explanation

If a spot opens up on the council before someone's term is over, the director will choose a replacement from a list of eligible people to finish the term. Members, as well as their alternates, can’t serve more than two back-to-back three-year terms. Being an alternate doesn’t prevent someone from later serving two full terms as a member. Also, if someone was initially appointed for a shorter one- or two-year term, they can still serve two additional full three-year terms.

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.

Section § 78483

Explanation

This law section allows the director to remove a council member or their alternate for a valid reason. If a member is removed, this creates a vacancy, which must be filled according to the rules in Section 78482.

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 provided in Section 78482.

Section § 78484

Explanation

Every year by January 31, the director must inform relevant marketing associations and organizations about upcoming vacancies that will occur when certain terms end on March 31. This notification should be in writing and sent to groups that represent fishermen and businesses involved in processing and distributing fish. Additionally, the director should issue press releases and public statements to seek nominations for these positions.

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

Section § 78485

Explanation

This law outlines the process for submitting nominations to a director in Sacramento. Nominations need to be mailed and postmarked by March 1.

Each nomination must include the nominee's name, address, the role they're nominated for (member or alternate member), the category they're nominated in, their qualifications and supporters, and the name and address of the person or group making the nomination.

(a)CA Food And Agriculture Code § 78485(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 no later than March 1.
(b)CA Food And Agriculture Code § 78485(b) Each nomination shall set forth all of the following information:
(1)CA Food And Agriculture Code § 78485(b)(1) The name and address of the nominee.
(2)CA Food And Agriculture Code § 78485(b)(2) Whether the nominee is being nominated as a member or alternate member.
(3)CA Food And Agriculture Code § 78485(b)(3) The type of category for which the nominee is being nominated.
(4)CA Food And Agriculture Code § 78485(b)(4) The list of qualifications and supporters, if any, for the nominee.
(5)CA Food And Agriculture Code § 78485(b)(5) The name and address of the nominating association, organization, or individual.

Section § 78486

Explanation

This law section states that the secretary can appoint one nonvoting member to the council to represent each of four specific entities: the department, the Department of Fish and Game, the California Sea Grant Program, and the State Department of Health Services.

One nonvoting member of the council may be appointed by the secretary to represent each of the following entities:
(a)CA Food And Agriculture Code § 78486(a) The department.
(b)CA Food And Agriculture Code § 78486(b) The Department of Fish and Game.
(c)CA Food And Agriculture Code § 78486(c) The California Sea Grant Program.
(d)CA Food And Agriculture Code § 78486(d) The State Department of Health Services.

Section § 78487

Explanation

This section explains that nonvoting members of a council do not have a set term length. Additionally, the organizations mentioned in Section 78486 can choose an alternate person to represent them.

There is no fixed term for nonvoting members of the council. The agencies listed in Section 78486 may select an alternate for their representative.

Section § 78488

Explanation

To conduct business or elect officers, more than half of the council's voting members need to be present for the meeting to proceed.

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

Section § 78489

Explanation

This law sets up the leadership structure for a council. Each year, the council chooses a president, vice president, and treasurer from its voting members. Once someone's term as president ends, they automatically become the president emeritus, an honorary position.

The main leaders—president, vice president, treasurer, and president emeritus—team up with three other voting members to form the executive committee. This group gets some of the council's powers, as delegated by the council.

(a)CA Food And Agriculture Code § 78489(a) The council shall select annually from its voting number, to serve at its pleasure, a president, vice president, and treasurer. The immediate past president shall serve as the president emeritus of the council.
(b)CA Food And Agriculture Code § 78489(b) The president, vice president, treasurer, and president emeritus, together with three other voting members, selected annually by the council, shall constitute the executive committee of the council. The executive committee may exercise any powers of the council that the council delegates to the executive committee.

Section § 78490

Explanation

This law requires the council to have at least two regular meetings every year, which are scheduled by the council. Special meetings can be called anytime by the president or if five members of the council request it in writing. Additionally, the executive committee can meet at any time if the president or the majority of its members decide to do so.

The council shall hold at least two regular meetings in each year at times and places that are fixed by the council. The council may meet in special meetings at any time and place at the call of the president or upon the written request of five members of the council. The executive committee may meet at any time and place at the call of the president or on call of a majority of the members of the executive committee.

Section § 78491

Explanation

Council voting members in California earn $40 per day for attending meetings or conducting council business, plus travel and other approved expenses. Nonvoting members and alternates also get travel expenses if their agency doesn't cover them, with alternates earning the same daily pay as voting members for attending meetings. Members may choose to decline any of these payments or reimbursements.

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 official duties, as approved by the secretary. Nonvoting members shall be reimbursed for necessary traveling and other expenses, as approved by the secretary, at the same rate as voting members if the agency they represent does not reimburse them for those expenses. Alternates shall be reimbursed for traveling and other expenses, as approved by the secretary, and shall receive per diem at the same rate as voting members for meetings which they attend. Any member may refuse to accept per diem or expenses, or any portion thereof, to which he or she is entitled.

Section § 78492

Explanation

This law specifies that council members can receive daily compensation, known as per diem, for up to seven days a month. The exception is for members who are part of the executive committee, and the chairperson, who can receive per diem for up to ten days a month.

No member of the council, except a member of the executive committee, shall receive per diem for more than seven days per month, except the chairperson, who may receive per diem for not more than 10 days per month.

Section § 78493

Explanation

This law allows the director to require employees or agents of a council to get a fidelity bond. A fidelity bond is a type of insurance to protect against losses caused by employee dishonesty. The bond must be from an authorized insurance company in the state. The cost of these bonds will be covered by funds collected under this specific chapter.

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.

Section § 78494

Explanation

This section protects council members and employees from being personally liable for any contracts or agreements made by the council. Instead, any costs or obligations that come from running and enforcing this chapter are to be paid with money collected under this chapter.

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 this chapter.

Section § 78495

Explanation

If a council member can't make it to a meeting, their alternate steps in and has the same responsibilities and protections as the original member. However, an alternate can't take on the duties of the chair or vice-chair roles.

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 does not attend any meeting of the council. 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 perform the functions of those offices.

Section § 78496

Explanation

This section states that individuals like fishermen and seafood processors appointed to a council are meant to advocate for California's commercial fishing industry. Their role is seen as serving the public interest, equating the interests of this specific industry to the public's interests under certain government laws.

The Legislature finds and declares that fishermen, receivers, processors, wholesalers, or exporters appointed to the council pursuant to this article are intended to represent and further the interest of the California commercial fisheries industry, 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.