Section 7652 Of Article 1.5. Federal Regulation From California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 1. >> Article 1.5.
7652
. Upon the preparation by the council, and the recommendation
by the council to the secretary, of a fishery management plan or
amendment thereto pursuant to the act, or upon the approval by the
secretary of a fishery management plan, or amendment thereto,
pursuant to the act, the director may do the following to conform
state law or regulations of the commission to the fishery management
plan, or amendment thereto, if the director finds that the action is
necessary to achieve optimum yield in California and that it is
necessary to avoid a substantial and adverse effect on the plan by
that state law or the regulations in order to continue state
jurisdiction pursuant to Section 1856 of the act:
(a) Adopt regulations that would make inoperative any statute or
regulation of the commission, including, but not limited to, statutes
or regulations regulating bag limits, methods of taking, and seasons
for taking of fish for commercial purposes.
Any regulation adopted by the director pursuant to this
subdivision shall specify the particular statute or regulation of the
commission to be inoperative.
(b) Adopt regulations governing phases of the taking of fish for
commercial purposes that are not presently regulated by statute or
regulation of the commission.
(c) Adopt regulations governing phases of the taking of fish for
commercial purposes that are presently regulated by statute or
regulation of the commission, but only if the statutes or regulations
are first made inoperative pursuant to subdivision (a) for the
effective period of the regulations adopted by the director pursuant
to this subdivision.
(d) Chapter 3.5 (commencing with Section 11340) of Division 3 of
Title 2 of the Government Code does not apply to this article.