California § 8285 - The director may open waters that are otherwise restricted for the commercial tak

§ 8285. The director may open waters that are otherwise restricted for the commercial tak

(a) The director may open waters that are otherwise restricted for the commercial take of Dungeness crab or rock crab pursuant to Section 5523 during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab or rock crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, in accordance with the following requirements: (1) The holder of a Dungeness crab vessel permit or rock crab permit shall submit to electronic monitoring of the vessel as specified in paragraph (3) of subdivision (a) of Section 5523 while engaging in the take of Dungeness crab or rock crab to verify the locations where the Dungeness crab or rock crab is taken. (2) A person shall not take, possess onboard, or land Dungeness crab or rock crab under an evisceration order on the same trip in which crab are taken, possessed onboard, or landed from waters outside those covered by the evisceration order. (3) A person who takes Dungeness crab or rock crab is authorized to sell or provide the Dungeness crab or rock crab only to a processor licensed under Article 7 (commencing with Section 8030) of Chapter 1 and approved by the State Department of Public Health pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. (4) When furnishing an electronic fish ticket pursuant to Section 8043, the processor shall identify on the electronic fish ticket that the Dungeness crab or rock crab received were taken from an area under an evisceration order. (b) When evisceration procedures established pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code are no longer in effect, the director shall lift any restrictions imposed pursuant to subdivision (a) in a manner that promotes a fair and orderly fishery. (c) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to actions taken pursuant to this section.