Food & Agr. Code, § 78557

One year after the establishment of the council, the council may recommend to the secretary an increase over and above four-tenths of 1 percent of the price per pound paid to the fisherman for each pound of fish or shellfish specified in subdivision (a) of Section 78407 for the council to carry out its duties under this chapter. The council shall consider the budget for the council, funding for activities conducted pursuant to Article 6 (commencing with Section 78525), as well as the market prices of seafood landed in California, landing fees imposed by the Department of Fish and Wildlife, and any other relevant factor affecting the economics of the fisheries. The council shall, in making any determination to increase fees, consult with fishermen and receivers and, if the recommended increase would exceed eight-tenths of 1 percent of the market price per pound paid to the fisherman for each pound of fish or shellfish sold, conduct a ballot poll of the fishermen and receivers on the secretary’s list established pursuant to Article 8 (commencing with Section 78575). The secretary may not increase any fee without the approval of two-thirds the voting members of the council.