22-4403 IDAHO AQUACULTURE COMMISSION -- ESTABLISHED -- COMPOSITION -- QUALIFICATION OF MEMBERS -- MEETINGS.
AGRICULTURE AND HORTICULTURE
CHAPTER 44
IDAHO AQUACULTURE COMMISSION
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.