I D A H O S T A T E L E G I S L A T U R E
TITLE 22 AGRICULTURE AND HORTICULTURE
CHAPTER 44 - IDAHO AQUACULTURE COMMISSION
22-4401.Legislative intent. The aquaculture industry is one of the agricultural industries that contributes to the economic welfare of the state. It is the purpose of this chapter to promote the public health and welfare of the citizens of the state by providing means for the protection, promotion, study, research, analysis and development of markets relating to the growing and marketing of Idaho aquaculture products and Idaho aquaculture byproducts.
22-4402.Definitions. As used in this chapter:
(1) "Aquaculture" means the husbandry of fish, aquatic animals and plants, and the processing for sale of the same, both public and private.
(2) "Commission" means the Idaho aquaculture commission.
(3) "Processor" means a facility where aquaculture products are delivered for the purpose of processing the product for sale, and shall for the purposes of membership on the commission, include persons owning, operating or otherwise participating in the operation of the facility.
(4) "Producer" means the owner or tenant of a facility, hatchery, pond, lake, stream or other water facility where fish or other aquatic animals and plants are raised, held or produced for sale.
22-4403.Idaho aquaculture commission -- Established -- Composition -- Qualification of members -- Meetings. (1) A commission on Idaho aquaculture, hereinafter referred to in this chapter as "the commission," is hereby established in the department of self-governing agencies. The commission shall be composed of five (5) members appointed by the governor as follows:
(a) Three (3) members shall be from the producer segment of the industry;
(b) Two (2) members shall be from the processor segment of the industry.
Nominations for the initial appointments to the commission shall be made pursuant to the provisions of subsection (6) of this section.
(2) Members must meet the following qualifications:
(a) Be a United States citizen and a resident of the state of Idaho;
(b) Be over the age of twenty-five (25) years;
(c) Producer members shall be persons who have been actively engaged in the production of an aquaculture product within the state of Idaho with a major portion of their income from aquaculture derived from commercial fisheries, whether operating as a sole proprietor, partnership, corporation, limited liability company, cooperative, or other business entity;
(d) Processor members shall be persons who have been actively engaged as processors within the state of Idaho with a major portion of their income from aquaculture derived from aquaculture processing, sales, handling, packing, shipping, or buying and selling aquaculture products as an agent or broker, whether operating as a sole proprietor, partnership, corporation, limited liability company, cooperative, or other business entity;
(e) No more than one (1) person from any partnership, corporation, limited liability company, cooperative, or other business entity shall serve as a member of the commission at the same time.
(3) Each member of the commission shall be appointed by the governor for a term of three (3) years. Provided however, that the initial appointments in the first year shall be appointments of two (2) years for one (1) producer member, three (3) years for two (2) producer members, two (2) years for one (1) processor member and three (3) years for one (1) processor member. No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or failure to continue to meet the qualifications set forth in subsection (2) of this section. In the event a commissioner vacancy occurs prior to the expiration of a scheduled term, the commission shall conduct a meeting and nominate two (2) nominees. The names of the nominees shall be submitted to the governor who shall appoint one (1) of the nominees to fill the unexpired term.
(4) Members shall serve no more than two (2) consecutive terms without the lapse of one (1) full term occurring prior to being eligible for reappointment.
(5) Members shall serve without compensation from the state.
(6) Nominations for the initial appointments to the commission under subsection (1) of this section shall be made in the following manner:
(a) At the time of the effective date of this act, the Idaho aquaculture association shall set a date, time and location for a meeting where nominations for membership shall be voted upon;
(b) At least thirty (30) days prior to the meeting date, the association shall send written notification setting forth the date, time and location of such meeting to all producers and processors in the state of Idaho, regardless of whether a producer or processor is a member of the association;
(c) At least thirty (30) days prior to the meeting date, the association shall post written notice of the meeting in places of business involved in the aquaculture industry;
(d) At least thirty (30) days prior to the meeting date, the association shall provide written notice of the meeting to the department of agriculture and, upon receipt, the department shall post the notice on their official website.
No less than two (2) nominees shall be chosen for submission to the governor for each vacancy. Nominations as voted upon at the time of the meeting shall be submitted to the governor within fourteen (14) days of the meeting. The governor shall make appointments to the commission within thirty (30) days of receipt of nominations.
(7) The commission shall elect a chair from among its members each calendar year. After its original organizational meeting, the commission shall meet at the call of the chair or by a consensus of three (3) members of the commission. A majority of the members of the commission constitutes a quorum and an official action of the commission may be taken with a majority vote of the quorum. The commission shall, at a minimum, conduct quarterly meetings of the commission and an annual meeting of all producers and processors. Notification of the date, time and location of annual meetings shall be made in accordance with the provisions set forth in paragraphs (b), (c) and (d) of subsection (6) of this section. Nominations for terms on the commission that are scheduled to expire prior to the next annual meeting shall be voted upon during the annual meeting and submitted to the governor. No less than two (2) nominees shall be chosen for submission to the governor for each upcoming vacancy.
22-4404.Powers and duties. The powers and duties of the commission shall include the following:
(1) To contract in the name of the commission and be contracted with, to sue and be sued;
(2) To appoint, employ, prescribe duties, fix compensation, and at its pleasure discharge, all necessary agents, employees, professional personnel and other personnel, including experts in aquaculture and the publicizing of products;
(3) To keep books, records, and accounts of all its dealings, including minutes of commission meetings;
(4) To establish an office or offices, to incur expenses, and to create liabilities as reasonable for the proper administration of the commission;
(5) To determine new markets for aquaculture products, to conduct promotional activities relating to the national and international use of aquaculture products;
(6) To provide and to publicize reliable information relating to the value of aquaculture products determined to be useful and profitable;
(7) To conduct research, and to investigate and study problems relative to the industry;
(8) To promote and protect the sale of aquaculture products;
(9) To cooperate with agencies of this state, other states and the federal government, engaged in similar work to that of the commission and enter into agreements or contracts with such agencies;
(10) To adopt, amend and rescind rules in conjunction with the exercise of its powers and duties pursuant to the provisions of this chapter.
22-4405.Deposit and disbursement of funds -- Audits -- Reports. (1) The commission may accept assessment receipts, grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter or as provided by law shall be deposited into one (1) or more separate accounts in the name of the commission in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. At the option of the commission, an account known as the "Idaho Aquaculture Commission Account," to be administered by the Idaho aquaculture commission, may be created and established in the state treasury for the deposit of such funds. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter. Any interest earned on the investment of idle moneys in an account shall be returned to the account.
(2) Funds can be withdrawn or paid out of bank accounts only upon checks or other orders upon such accounts signed by two (2) officers designated by the commission.
(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.
(4) On or before January 15 of each year, the commission shall file with the senate agricultural affairs committee, the house agricultural affairs committee, the legislative services office, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission during the preceding fiscal year. The report shall also include an estimate of income to the commission for the current fiscal year and a projection of anticipated expenses by category for the current fiscal year. The report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding fiscal year.
(5) All moneys received or expended by the commission shall be audited every second year, but shall address every year distinctly, by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services and to the senate agricultural affairs committee and the house agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the fiscal year.
22-4406.State not liable. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof, or any officer, agent or employee thereof.
22-4407.Assessments. (1) From and after the first day of July 2004, there is hereby imposed an assessment of five cents (5¢) per hundred weight on the production of aquaculture products produced or grown in Idaho for purpose of profit. Thereafter, the commission is authorized to establish the rate of assessment by rule, up to a maximum assessment rate of ten cents (10¢) per hundred weight on the production of aquaculture products produced or grown in Idaho for purpose of profit.
(2) With the exception of the assessments pursuant to subsection (3) of this section, assessments shall be collected by the processor and deducted from payments to the producer. The processor shall remit all assessments to the commission within fifteen (15) days of the end of each calendar quarter, along with the name, address and dollar amount of each producer’s respective assessment. The commission shall maintain records identifying the specific amount of assessment collected from each producer.
(3) Producers shall be responsible for submitting assessments on aquaculture products sold for human consumption, pond stocking, or live aquaculture products sold directly to the public, to retailers or to a governmental entity. Producers shall remit the assessments to the commission by the fifteenth day of the month following the sale, along with a verification of the amount of product so sold.
22-4408.Refunds. Within thirty (30) days following the end of a calendar quarter, a producer that does not support the program established under this chapter, may request in writing that the commission refund all or a portion of assessments remitted to the commission by the producer, or remitted on his behalf. Any producer that fails to request a refund within the thirty (30) day period pursuant to the provisions of this section shall be deemed to have waived their right to do so. Within thirty (30) days of receipt of the written request for refund, the commission shall reimburse the producer the requested refund amount, provided the commission determines from its records that the amount so requested was actually remitted to the commission by the producer, or on his behalf.
22-4409.Opt out alternative. (1) Each and every year, any producer may, at his election, opt out of application of all provisions of this chapter, including assessment provisions. In order to opt out of application of the provisions of this chapter, a producer shall comply with the following requirements:
(a) On an annual basis, no later than June 30 of each year, submit a letter to the Idaho aquaculture commission, stating his intent to opt out of application of the provisions of the chapter for the upcoming fiscal year;
(b) The letter shall include the producer’s name and address.
(2) The Idaho aquaculture commission, upon formation, shall provide written notice of their mailing address to the department of agriculture and, upon receipt, the department shall post the address on their official website. The commission shall also set forth their mailing address by rule.
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