SECTIONS 76950-76961 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 76950-76961

76950. On or before August 15, 1989, the director shall establish a
list of commercial salmon vessel operators eligible to vote on
implementation of this chapter. In establishing the list, the
director may require that handlers and commercial salmon vessel
operators submit the names and mailing addresses of all commercial
salmon vessel operators who harvested salmon during the previous
season, as evidenced by receipts prepared under Section 8043 of the
Fish and Game Code, together with the volume of salmon landed. The
director may also request the assistance of the Director of Fish and
Game for the names of all commercial salmon vessel operators who
landed salmon the previous season and the volume of landings for each
vessel. The request for the information shall be in writing and
shall be subject to the confidentiality provisions of Section 8022 of
the Fish and Game Code. The list shall be filed within 30 days
following receipt of the written notice.

76951. Any commercial salmon vessel operator whose name does not
appear upon the director's list of commercial salmon vessel operators
affected may have his or her name established on the list by filing
with the director a signed statement, identifying himself or herself
as a commercial salmon vessel operator and furnishing evidence of
having made landings the previous year through the submission of
receipts prepared under Section 8043 of the Fish and Game Code.
Failure to be on the list does not exempt a commercial salmon vessel
operator from paying assessments under this chapter.

76952. This chapter, except as necessary to conduct an
implementation referendum vote under this article or as provided in
subdivision (b) of Section 76953, shall not become operative until
the director finds in an implementation referendum conducted by the
director under this article, that at least 40 percent of the total
number of commercial salmon vessel operators from the list,
established by the director pursuant to Section 76950, have
participated by voting in the referendum, and the director finds
either of the following:
(a) Sixty-five percent or more of the commercial salmon vessel
operators who voted in the referendum voted in favor of implementing
this chapter, and the commercial salmon vessel operators who voted in
the referendum marketed 51 percent or more of the total quantity of
salmon landed in the preceding fiscal year by all the commercial
salmon vessel operators who voted in the referendum.
(b) Fifty-one percent of the commercial salmon vessel operators
who voted in the referendum voted in favor of implementing this
chapter, and the commercial salmon vessel operators who voted in the
referendum marketed 65 percent or more of the total quantity of
salmon landed in the preceding fiscal year by all of the commercial
salmon vessel operators who voted in the referendum.

76953. The director shall establish a period in which to conduct
the implementation referendum which shall not be less than 30 days
nor more than 60 days in duration, and may prescribe additional
procedures as may be necessary to conduct the referendum. If the
initial period established is less than 30 days, the director may
extend that period. However, the total referendum period may not
exceed 60 days.

76953.5. (a) Before the referendum vote is conducted by the
director, the proponents of the council shall deposit with the
director the amount that the director determines is necessary to
defray the expenses of preparing the necessary lists and information
and conducting the referendum vote.
(b) Any funds not used in carrying out this article shall be
returned to the proponents of the council who deposited the funds
with the director.
(c) Upon establishment of the council, the council may reimburse
the proponents of the council for any funds deposited with the
director which were used in carrying out this article, and for any
legal expenses and costs incurred in establishing the council.
(d) After approval by the Commercial Salmon Trollers Advisory
Committee created pursuant to Section 7862 of the Fish and Game Code,
the Department of Fish and Game may expend funds collected pursuant
to Section 7861 of the Fish and Game Code, for payment to the
Director of Food and Agriculture to pay necessary costs incurred in
conducting the implementation referendum vote. If a majority of the
commercial salmon vessel operators who voted at the implementation
referendum voted in favor of implementing this article, as provided
in Section 76952, the council shall reimburse the Commercial Salmon
Stamp Account in the Fish and Game Preservation Fund all amounts
received from that fund.

76954. Nonreceipt of a ballot shall not invalidate a referendum.

76955. (a) If the director finds that a favorable vote has been
given, the director shall certify and give notice of the favorable
vote to all commercial salmon vessel operators whose names and
addresses may be on file with the director.
(b) If the director finds that a favorable vote has not been
given, the director shall so certify and declare all provisions of
this chapter inoperative.

76957. (a) Between January 1, 1994, and February 28, 1994, and in
the same period each five years thereafter, or pursuant to
subdivision (b) of Section 76953, the director shall, by the public
hearing procedure, and if appropriate, the review referendum
procedure provided for in Sections 76958 and 76959, determine whether
the council program provided for in this chapter shall continue in
effect.
(b) If the director finds from evidence received at the hearing
that a substantial question exists as to whether the council program
is contrary to or does not effectuate the declared purposes or
provisions of this chapter or receives in writing a referendum
petition with the signatures of 25 percent or more of the number of
commercial salmon vessel operators who made landings in the previous
year, as evidenced by receipts prepared under Section 8043 of the
Fish and Game Code, the council program shall be submitted to
referendum as provided in Section 76958.

76958. If the director determines that a review referendum
procedure is appropriate or, pursuant to subdivision (b) of Section
76953, required, the director shall establish a referendum period of
not to exceed 30 days during which period ballots shall be submitted
to every commercial salmon vessel operator on a statewide basis. If
the director determines that the referendum period does not provide
sufficient time for the balloting, the director may extend the
referendum for an additional period not to exceed 30 days. The
ballots shall provide a "yes" or "no" voting alternative to the
following question:
"Shall the Salmon Council of California be continued for the next
five fiscal years commencing April 1, following this referendum "

76959. If the council program is submitted to a review referendum
under Section 76958, the director shall find that commercial salmon
vessel operators statewide have approved the council program if the
director finds either of the following:
(1) Sixty-five percent or more of the total number of commercial
salmon vessel operators, who voted in the review referendum and who
harvested 51 percent or more of the total amount of salmon landed
during the previous fiscal year by all commercial salmon vessel
operators who voted in the review referendum, approve the program.
(2) Fifty-one percent or more of the total number of commercial
salmon vessel operators, who voted in the review referendum and who
harvested 65 percent or more of the total amount of salmon landed
during the previous fiscal year by all commercial salmon vessel
operators who voted in the review referendum, approve the program.

76960. This chapter shall be operative indefinitely, except as
provided in this article.

76961. On the termination of the council pursuant to this article,
the council shall remain in existence for the purpose of furnishing
the director with a complete record of its outstanding financial
obligations, accrued and to accrue. The director shall pay from the
money deposited and disbursed any outstanding obligations and any
obligations incurred by the director and the department under the
terms and provisions of this section. Any money which remains shall
be retained by the director to defray the expenses of formulation,
issuance, administration, or enforcement of any subsequent program
for salmon promotion. If no such program is undertaken within a
period of three years from the date of termination of the council,
that money shall be withdrawn from the approved depository and paid
into the special account for enchancement and restoration programs
established pursuant to Section 7861 of the Fish and Game Code.