Section 7862.5 Of Article 3.5. Commercial Salmon Trollers Enhancement And Restoration Program From California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 1. >> Article 3.5.
7862.5
. (a) The Commercial Salmon Trollers Advisory Committee
established under Section 7862 may recommend to the director that a
nonprofit organization or the California Salmon Council be authorized
to create or contract to create salmon or salmon fishing artwork and
other materials based on that artwork, including, but not limited
to, a stamp, and offer those items for sale to the public during 2003
and thereafter, for the purpose of augmenting funding for the
Commercial Salmon Trollers Enhancement and Restoration Program
established under this article.
(b) The committee may not recommend a nonprofit organization or
the California Salmon Council as authorized under subdivision (a),
unless all of the following conditions are met:
(1) The proposed creation and sale of the artwork is pursuant to a
written business plan presented to the committee.
(2) The committee determines that a reasonable share of the sales
of any stamp will be remitted to the department for deposit into the
Commercial Salmon Stamp Dedicated Subaccount established in the Fish
and Game Preservation Fund under Section 7861.
(3) The committee determines that the creation and sale of the
artwork will act to increase public awareness and support for the
salmon stamp program and the restoration of salmon and their habitats
in the state.
(4) Any other conditions deemed necessary by the committee for
determining whether to recommend approval to the director have been
met.
(c) The director, upon receiving the recommendation of the
committee, and upon finding that there will be no new costs to the
department, may authorize the recommended entity to create or
contract to create salmon or salmon fishing artwork and other
materials based on that artwork, including, but not limited to, a
stamp, and offer those items for sale to the public, for the purpose
described in subdivision (a).
(d) No person or entity, including, but not limited to, any
nonprofit organization, may use the name of the Commercial Salmon
Stamp, the Commercial Salmon Trollers Advisory Committee, or the
Commercial Salmon Trollers Enhancement and Restoration Program for
the sale of artwork and other materials, unless that person or entity
has been approved by the director under this section for that
purpose. The approval of the director under this section shall be for
one year, after which the approval may be renewed for an additional
year, upon recommendation of the committee.
(e) No artwork sold in the form of a stamp under this section
conveys to the purchaser any entitlement to engage in the commercial
salmon fishery.
(f) Proceeds from the sales of artwork and other materials sold
under this section, after deduction of all reasonable costs borne by
the nonprofit organization or California Salmon Council for creation
of the artwork and conducting the sales, shall be deposited in the
Commercial Salmon Stamp Dedicated Subaccount.