Article 5 - Implementation and Voting Procedures

California Food and Agricultural Code — §§ 79180-79182.5

Sections (6)

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.

(a)Within 60 days of the effective date of this chapter, the secretary shall establish a list of fishermen eligible to vote on the implementation of this chapter. In establishing the list, the secretary may require that fishermen submit the names and mailing addresses of all fishermen. The secretary also may request the assistance of the Director of Fish and Wildlife for the names of all licensed fishermen engaged in the spiny lobster fishery during the previous season and the volume of landings of each fisherman. The request for information shall be in writing and the information provided shall be confidential and not made public. Notwithstanding Section 8022 of the Fish and Game Code or any other law, the Director of Fish and Wildlife shall comply with the request within 30 days of

receipt.

(b)A fisherman whose name does not appear on the appropriate list may have his or her name placed on the list by filing with the secretary a signed statement identifying himself or herself as a fisherman and submitting other supporting documentation. Failure to be on the list does not exempt the person from paying assessments and does not invalidate any industry votes conducted pursuant to this article.

(c)Proponents and opponents of establishing the commission pursuant to this chapter may contact fishermen on the lists through the secretary in a form and manner prescribed by the secretary, if all expenses associated with those contacts are paid in advance.

§ 79180.5

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.

This chapter, except as necessary to conduct an implementation referendum vote, shall not become operative until the secretary finds in a referendum vote conducted by the secretary that at least 40 percent of the total number of fishermen from the list established by the secretary pursuant to this article participated and that either of the following occurred:

(a)Sixty-five percent of the fishermen who voted in the referendum voted in favor of establishing the commission, and the fishermen so voting landed a majority of the total quantity of spiny lobster landed in the preceding fishing season by all of the fishermen who voted in the referendum.

(b)A majority of the fishermen

who voted in the referendum voted in favor of establishing the commission, and the fishermen so voting landed 65 percent or more of the total quantity of spiny lobster landed in the preceding fishing season by all of the fishermen who voted in the referendum.

§ 79181

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.

(a)The secretary shall establish a period in which to conduct the referendum, which shall not be less than 10 days or more than 60 days in duration, and may prescribe additional procedures necessary to conduct the referendum, including measures to maximize the likelihood that all eligible persons receive referendum voting materials. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days.

(b)Nonreceipt of a ballot shall not invalidate a referendum.

§ 79181.5

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.

(a)If the secretary finds that a favorable vote has been given, pursuant to Section 79180.5, the secretary shall certify and give notice of the favorable vote to all affected fishermen whose names and addresses are on file with the secretary.

(b)If the secretary finds that a favorable vote has not been given, pursuant to Section 79180.5, the secretary shall certify and declare all provisions of this chapter inoperative. The secretary may conduct a second implementation referendum vote one year or later following certification of the first vote, subject to the time constraints imposed by subdivision (a) of Section 79182.5.

§ 79182

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally pursuant to Section 79182.5.

(a)Before a referendum vote conducted by the secretary pursuant to this article, the proponents of the commission shall deposit with the secretary the amount that the secretary deems necessary to defray the expenses of preparing the necessary lists and information and conducting the vote.

(b)Upon the establishment of the commission, the commission may reimburse the proponents of the commission for any moneys deposited with the secretary that were used in carrying out this article and for any legal expenses and costs incurred in establishing the commission.

§ 79182.5

Added by Stats. 2017, Ch. 503, Sec. 1. (AB 944) Effective January 1, 2018. Repealed conditionally by its own provisions. Note: Conditional repeal affects Chapter 25.5, comprising Sections 79150 to 79197.5.

(a)If the first referendum vote conducted pursuant to this article fails and a second referendum vote is not conducted and certified as of the date that is two years later, this chapter is repealed as of that date, unless a later enacted statute that is enacted before that date, deletes or extends that date.

(b)If a second referendum vote conducted pursuant to this article fails, this chapter is repealed as of the date that is six months later, unless a later enacted statute that is enacted before that date, deletes or extends that date.

(c)For purposes of this section, the date on which a referendum vote fails shall be considered to be the date on which the secretary

certifies pursuant to subdivision (b) of Section 79181.5 that a favorable vote has not been given.