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Article 10. Continuation of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 16. >> Article 10.
(a) Between January 1, 2019, and February 28, 2019, and in
the same period each five years thereafter, the secretary shall, by
the public hearing procedure, and if appropriate, the procedure
specified in this article, determine whether the council program
provided for in this chapter shall continue in effect.
(b) If the secretary 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, and, if applicable, 25 percent or more of the handlers who are subject to this chapter, the council program shall be submitted to referendum as provided in this article.
(b) If the secretary 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, and, if applicable, 25 percent or more of the handlers who are subject to this chapter, the council program shall be submitted to referendum as provided in this article.
If the secretary determines that a referendum procedure is
appropriate, the secretary shall establish a referendum period of not
to exceed 30 days during which period ballots shall be submitted to
every commercial salmon vessel operator and, if applicable, every
handler subject to this chapter on a statewide basis. If the
secretary determines that the referendum period does not provide
sufficient time for the balloting, the secretary 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 California Salmon Council be continued
for the next five fiscal years commencing April 1, following this
referendum?"
If the council program is submitted to a referendum as
provided in this article, the secretary shall find that commercial
salmon vessel operators and, if applicable, handlers subject to this
chapter statewide have approved the council program if the secretary
finds either of the following:
(a) Sixty-five percent or more of the total number of commercial salmon vessel operators and handlers, who voted in the 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 and handlers who voted in the referendum, approve the program.
(b) Fifty-one percent or more of the total number of commercial salmon vessel operators and handlers, 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 and handlers who voted in the review referendum, approve the program.
(a) Sixty-five percent or more of the total number of commercial salmon vessel operators and handlers, who voted in the 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 and handlers who voted in the referendum, approve the program.
(b) Fifty-one percent or more of the total number of commercial salmon vessel operators and handlers, 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 and handlers who voted in the review referendum, approve the program.
(a) This chapter shall continue if commercial salmon vessel
operators and handlers vote for continuation in accordance with the
requirements of this article.
(b) This chapter shall not continue in operation if commercial salmon vessel operators and handlers vote not to continue in accordance with the requirements of this article.
(c) If commercial salmon vessel operators vote for continuation and handlers do not vote for continuation, or if handlers vote for continuation and commercial salmon vessel operators do not vote for continuation, this chapter shall continue to be operative for the group voting for continuation and shall no longer apply to the group voting against continuation.
(b) This chapter shall not continue in operation if commercial salmon vessel operators and handlers vote not to continue in accordance with the requirements of this article.
(c) If commercial salmon vessel operators vote for continuation and handlers do not vote for continuation, or if handlers vote for continuation and commercial salmon vessel operators do not vote for continuation, this chapter shall continue to be operative for the group voting for continuation and shall no longer apply to the group voting against continuation.
