California Seafood CouncilCalifornia Seafood Council
Section § 78475
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.
Section § 78476
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.
Section § 78477
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.
Section § 78478
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.
Section § 78479
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.
Section § 78480
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.
Section § 78481
Members of the council serve terms that start on April 1 and end on March 31 of the following year.
Section § 78482
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.
Section § 78483
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.
Section § 78484
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.
Section § 78485
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.
Section § 78486
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.
Section § 78487
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.
Section § 78488
To conduct business or elect officers, more than half of the council's voting members need to be present for the meeting to proceed.
Section § 78489
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.
Section § 78490
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.
Section § 78491
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.
Section § 78492
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.
Section § 78493
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.
Section § 78494
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.
Section § 78495
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.
Section § 78496
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.