reglab/housing_qa huggingface dataset:
GA Code § 27-4-137 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 1 - General Provisions|§ 27-4-137. Civil Forfeiture Proceedings

  Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of Code Section 27-4-133 or 27-4-171 is declared to be contraband and forfeited to the state in accordance with the procedures set forth in Chapter 16 of Title 9; provided, however, that:   Forfeiture shall only be done in accordance with Code Section 9-16-12 and the property shall be described only in general terms; and   The holder of any bona fide lien on the property shall be protected to the full extent of the lien, but only if the lien was perfected prior to the filing by the department of the affidavit provided for in paragraph (3) of subsection (a) of Code Section 27-4-134, provided that the state shall not be obligated beyond the proceeds of any such sale less the actual costs incurred.     The Attorney General may, upon the request of the commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property.    (Ga. L. 1953, Jan.-Feb. Sess., p. 491, § 6; Ga. L. 1955, p. 483, § 94; Ga. L. 1970, p. 961, § 1; Ga. L. 1973, p. 795, § 2; Ga. L. 1975, p. 428, § 1; Code 1933, § 45-902, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1982, p. 1729, § 11; Ga. L. 2012, p. 739, § 23/HB 869; Ga. L. 2015, p. 693, § 3-22/HB 233.)   Editor's notes.   - Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."   Law reviews.   - For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).   RESEARCH REFERENCES   Am. Jur. 2d.   - 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 63.   C.J.S.   - 36A C.J.S., Fish, §§ 46, 47.
GA Code § 27-4-139 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 1 - General Provisions|§ 27-4-139. Taking of Shrimp for Recreational Purposes; Lawful Nets and Use of Shrimp; Penalty for Violation

 Reserved. Repealed by Ga. L. 2007, p. 93, § 13, effective July 1, 2007.   Editor's notes.   - This Code section was based on Ga. L. 1998, p. 1133, § 14.
GA Code § 27-4-140 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 1 - General Provisions|§ 27-4-140. Penalties for Using Recreational Food Shrimp Cast Netting

  Any enforcement officer or other law enforcement officer who discovers an illegal cast net being used on the waters of this state shall confiscate the net, which shall be forfeited.   Any person convicted of using an illegal cast net to fish for shrimp from the waters of this state for commercial sale for food purposes shall be guilty of a misdemeanor.   Any person convicted for the second or any subsequent time of using an illegal cast net shall, in addition to any other penalty imposed by law, forfeit the vessel on which the violation occurred and in addition all commercial fishing and boat licenses issued to such person shall be revoked in accordance with the provisions of Code Section 27-2-25.   Any person convicted of illegally fishing for shrimp from the waters of this state for commercial sale for food purposes shall be guilty of a misdemeanor. Possession of a quantity of shrimp in excess of the noncommercial food shrimp possession limit allowed pursuant to Code Section 27-4-132.1 shall be prima-facie evidence of the intent of the person or persons so in possession to take shrimp for commercial purposes.     (Code 1981, §27-4-140, enacted by Ga. L. 1998, p. 1133, § 14; Ga. L. 2007, p. 93, § 14/HB 100.)
GA Code § 27-4-170 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 3 - Taking Shrimp for Bait|§ 27-4-170. Sport Bait Shrimping

 Reserved. Repealed by Ga. L. 2012, p. 739, § 24/HB 869, effective January 1, 2013.   Editor's notes.   - This Code section was based on Ga. L. 1956, p. 590, § 19; Ga. L. 1957, p. 122, § 1; Ga. L. 1958, p. 408, §§ 1, 2; Ga. L. 1975, p. 425, §§ 1, 3; Code 1933, § 45-907, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 1552, §§ 6, 7, 12; Ga. L. 1979, p. 678, § 37; Ga. L. 1985, p. 1047, § 5; Ga. L. 1994, p. 1834, § 1; Ga. L. 1998, p. 783, § 15; Ga. L. 1998, p. 1133, § 15; Ga. L. 1999, p. 81, § 27; Ga. L. 2002, p. 415, § 27; Ga. L. 2007, p. 93, § 15/HB 100.
GA Code § 27-4-172 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 3 - Taking Shrimp for Bait|§ 27-4-172. Protections for Horseshoe Crabs; Catch Limits; Exceptions

 Reserved. Repealed by Ga. L. 2012, p. 739, § 26/HB 869, effective January 1, 2013.   Editor's notes.   - This Code section was based on Code 1981, § 27-4-172, enacted by Ga. L. 2001, p. 323, § 2.
GA Code § 27-4-187 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-187. Public Policy on Development of Commercial Shellfish Industry

 The General Assembly finds that the wild harvest and mariculture of shellfish provide increased seafood production and long-term economic opportunities for coastal Georgia as well as increased ecological benefits to the estuarine environment by promoting natural water filtration and increased fishery habitats. The General Assembly also finds that there exists a public health concern when consuming raw or undercooked shellfish, especially during warm water, summer conditions. Therefore, the General Assembly declares that it is the policy of the state to encourage development of the commercial shellfish industry in ways that protect the public health and are compatible with the environment and with other public uses of the estuarine area, such as navigation, fishing, swimming, and other forms of recreation.    (Code 1981, §27-4-187, enacted by Ga. L. 2019, p. 619, § 1/HB 501.)
GA Code § 27-4-188 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-188. Definitions

 As used in this part, the term:    "Approved growing area" means that area or areas approved by the department in conformance with the National Shellfish Sanitation Program which supports or could support the propagation of wild or maricultured shellfish that may be harvested and directly marketed for human consumption.   "Approved shellfish pathologist" means a pathologist approved by the department.   "Certified firms" means those firms certified by the Department of Agriculture and includes, but is not limited to, certified dealers, shellstock shippers, shuckers or packers, repackers, reshippers, depuration processors, and wholesalers.   "Culch" means, but is not limited to, oyster shells, clam shells, and other shellfish shells when those shells originated from Georgia salt waters; oak brush, cement coated shingles, nongalvanized wire fencing, small gravel, and any other material approved by the department.   "Culch material" means that material which is approved by the department and which is conducive to larval oyster attachment.   "Director" means the director of the Coastal Resources Division of the Department of Natural Resources.   "Harvester" means a person who is authorized by the department to harvest shellfish for commercial purposes at the request of a master harvester.   "Intertidal" means the area of the marine shoreline that is exposed to air at mean low tide and covered with seawater at mean high tide.   "Management plan" means a detailed plan submitted by the master harvester describing all activities related to shellfish production and marketing over the term of a shellfish lease, as approved by the department.   "Master harvester" means a person who has acquired a lease with permission to grow or harvest shellfish from the state or from an owner with exclusive rights to shellfish pursuant to Code Sections 44-8-6 through 44-8-8, who has been permitted by the department.   "Operational plan" means a detailed annual plan submitted by the master harvester or shellfish hatchery and nursery, specifying all processes and activities related to shellfish mariculture, as approved by the department.   "Shellfish hatchery and nursery" means a facility where shellfish are artificially bred, hatched, or reared.   "Shellfish mariculture" means the controlled cultivation of shellfish in confinement from seed size until harvest for commercial purposes.   "Shellfish seed" means juvenile shellstock intended for growth to market size.   "Shellstock" means live molluscan shellfish in the shell.   "Subtidal" means the area of the marine shoreline that is below mean low tide and is covered with seawater at all stages of the tide.   "Unapproved growing areas" means all those areas other than approved growing areas.   "Water bottoms" means the lands within this state covered at mean high water from the salt water and fresh water demarcation line seaward to the state boundary.     (Code 1981, §27-4-188, enacted by Ga. L. 2019, p. 619, § 1/HB 501.)
GA Code § 27-4-189 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-189. Regulatory Authority to Develop and Cultivate Shellfish Industry; Recommendations on Legislation

  Except as otherwise provided by law and in accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations necessary to develop and cultivate the shellfish industry in Georgia to include, but not be limited to, size, possession, and creel limits; season criteria; siting criteria, including lease size for mariculture activities; methods for issuing leases, including number issued per year, lease values and terms, and the importation of molluscan shellfish, shellfish tissues, or shells into this state to include place or region of origin, minimum and maximum seed size, ploidy, and type. When promulgating rules and regulations, the board shall take into account public health as the primary consideration.   The board shall transmit to the chairpersons of the Game, Fish, and Parks Committee of the House of Representatives and the Senate Natural Resources and the Environment Committee a list of recommended legislation necessary to improve Georgia's mariculture industry.     (Code 1981, §27-4-189, enacted by Ga. L. 2019, p. 619, § 1/HB 501.)
GA Code § 27-4-191 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-191. Shellfish Dredging Permits; Bond Required of Master Collecting Permittees Applying for Shellfish Dredging Permits

 Reserved. Repealed by Ga. L. 1991, p. 693, § 6, effective July 1, 1991.   Editor's notes.   - This Code section was based on Ga. L. 1958, p. 382, § 4; Code 1933, § 45-320, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1979, p. 678, § 22; Ga. L. 1982, p. 1729, § 7.   Ga. L. 2019, p. 619, § 1/HB 501, effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, reenacted the reservation of this Code section without change.   Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes." This Act was signed by the Governor on May 6, 2019.
GA Code § 27-4-192 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-192. Methods of Taking Shellfish Generally

  Unless authorized by the department, it shall be unlawful for any person to take or possess for commercial purposes any shellfish taken from the salt waters of this state except by hand or hand-held implement. The department may authorize the use of other equipment for taking shellfish for commercial purposes upon such conditions as the department determines are in accordance with current, sound principles of wildlife research and management. It shall be unlawful to take or possess shellfish taken by such other equipment unless prior written approval has been obtained from the department and unless a copy of the written permission is on the person of the authorized harvester and unless the conditions of the written authorization are being met. Such other equipment includes, but is not limited to, rock dredges, escalator dredges, hydraulic dredges, mechanical tongs, patent tongs, and any power drawn or driven device.   It shall be unlawful for any person to take or possess shellfish for recreational purposes using any instrument other than by hand or hand-held implement.     (Code 1981, §27-4-192, enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 2019, p. 619, § 1/HB 501.)    The 2019 amendment,  effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, inserted "by" near the end of subsection (b).   Editor's notes.   - Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes." This Act was signed by the Governor on May 6, 2019.   OPINIONS OF THE ATTORNEY GENERAL    For an update of crimes and offenses  for which the Georgia Crime Information Center is authorized to collect and file identifying data, see 1991 Op. Att'y Gen. No. 91-35.   RESEARCH REFERENCES   Am. Jur. 2d.   - 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, §§ 53, 59 et seq.   C.J.S.   - 36A C.J.S., Fish, § 36.
GA Code § 27-4-193 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-193. Taking Shellfish From Unapproved Growing Areas; Operating Facility for Controlled Purification of Shellfish

  It shall be unlawful to take or possess shellfish from unapproved growing areas except at such times and places as the department may establish. The department is authorized to close approved growing areas to allow transplanting at any time between January 1 and December 31. It shall be unlawful to engage in transplanting of shellfish from unapproved growing areas without written authorization from the department. Such authorization may condition the transplanting upon compliance with current, sound principles of wildlife research and management. In approving growing areas, the department shall consider such current guidelines as have been established by the National Shellfish Sanitation Program at the time of approval of the growing areas and current, sound principles of wildlife research and management.   It shall be unlawful to build or operate a facility for controlled purification of shellfish without prior written authorization from the department. In issuing such authorization, the department shall consider such current guidelines as have been established by the National Shellfish Sanitation Program and the rules and regulations of the Department of Agriculture at the time of such authorization.     (Code 1981, §27-4-193, enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 1992, p. 6, § 27; Ga. L. 2019, p. 619, § 1/HB 501.)    The 2019 amendment,  effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, deleted former subsection (a), which read: "As used in this Code section, the term 'approved growing area' means that area or areas approved by the department for shellfish harvesting and 'unapproved growing area' means all other areas."; and redesignated former subsections (b) and (c) as present subsections (a) and (b), respectively.   Editor's notes.   - Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes." This Act was signed by the Governor on May 6, 2019.   OPINIONS OF THE ATTORNEY GENERAL    For an update of crimes and offenses  for which the Georgia Crime Information Center is authorized to collect and file identifying data, see 1991 Op. Att'y Gen. No. 91-35.
GA Code § 27-4-200 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-200. Forged or False Documents, Records, or Permits Unlawful

 It shall be unlawful to knowingly produce, manufacture, or possess any forged or false documents, records, or permits provided for in this article.    (Code 1981, §27-4-200, enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 2019, p. 619, § 1/HB 501.)   Editor's notes.   - Ga. L. 2019, p. 619, § 1/HB 501, effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, reenacted this Code section without change.   Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes." This Act was signed by the Governor on May 6, 2019.   OPINIONS OF THE ATTORNEY GENERAL    For an update of crimes and offenses  for which the Georgia Crime Information Center is authorized to collect and file identifying data, see 1991 Op. Att'y Gen. No. 91-35.
GA Code § 27-4-201 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-201. Penalty for Violation of Article; Revocation of Authorizations

  Except as otherwise provided in this article, any person who violates any provision of this article shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.   Any authorizations issued under this part to any person convicted of violating any provision of this article shall be revoked by operation of law and shall not be reissued for a period of three years. The department shall notify the person in writing of the revocation. Prior to revocation, such person shall have opportunity for hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."     (Code 1981, §27-4-201, enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 2019, p. 619, § 1/HB 501.)    The 2019 amendment,  effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, designated the existing provisions of this Code section as subsection (a) and added subsection (b).   Editor's notes.   - Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes." This Act was signed by the Governor on May 6, 2019.
GA Code § 27-4-202 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-202. Shellfish Mariculture Permit; Bond Requirement of Master Harvester; Penalty for Noncompliance

  It shall be unlawful for a master harvester to engage in shellfish mariculture activities without first obtaining a shellfish mariculture permit from the department. A detailed mariculture operational plan must be approved by the department prior to any shellfish mariculture permit being issued. An operational plan shall include the species to be farmed, types of gear, amounts, locations, sources and types of shellfish seed including genetic strains, a storm mitigation plan, a wildlife interaction mitigation plan, and any other information required by the department.   Permits may be conditioned by the department to include requirements related to shellfish production, mariculture operations, public rights of access and nonconflicting uses of permitted areas, and correction of environmental degradation resulting from the permitted activity.   Shellfish mariculture activities on a subtidal water bottoms lease shall require a performance bond provided to the director by a master harvester to ensure compliance with the procedures and standards contained in this part. Such performance bond shall be in the amount of $20,000.00 and conditioned upon faithful compliance with the conditions and terms of this part. Such performance bond shall be placed on file with the director. The bond shall be made payable to the director and issued by an insurance company authorized to issue such bonds in this state. If any party is aggrieved or adversely affected by the master harvester's failure to comply with the requirements of this article, the director may commence and maintain an action against the principal and surety on the bond.   The department shall not issue any new leases or permits or renew any leases or permits unless the leasing application is accompanied by a letter from the director or his or her designee stating that the applicant's bond is acceptable. Failure to provide an acceptable bond shall constitute grounds for denial of the issuance or renewal of a lease or permit.   Upon a determination by the director that a master harvester, or an agent or employee responsible for harvesting, has failed to meet the standards as set out in this part, the director may, after written notice of such failure to the master harvester or the agent or employee responsible for harvesting:   Forfeit or draw that amount of such bond that the director determines necessary to correct the violations;   Expend such amount for such purposes;   Enter into contracts for such purposes; or   Require the replacement of that amount of such bond forfeited or drawn upon.       (Code 1981, §27-4-202, enacted by Ga. L. 2019, p. 619, § 1/HB 501.)
GA Code § 27-4-203 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-203. Conditional Certifications of Shellfish Hatcheries and Nursery Operations; Approval of Out-of-State Hatcheries; Authorization for Operation; Conditions for Permitting; Revocation

  In accordance with current, sound principles of wildlife research and management, the department may conditionally certify shellfish hatchery and nursery operations within the state, may approve out-of-state hatcheries for importation of shellfish seed into the state, and may issue authorization to shellfish hatchery and nursery operators to receive shellfish for mariculture activities.   The department may grant permits to master harvesters to import hatchery produced shellfish seed under the following conditions:   Shellfish seed shall be certified disease-free by an approved shellfish pathologist; and   The importation of shellfish seed is confined to seed that originates from department approved hatcheries.     Failure to comply with department rules and regulations, in whole or in part, may result in revocation of any applicable shellfish mariculture permits granted pursuant to this part.     (Code 1981, §27-4-203, enacted by Ga. L. 2019, p. 69, § 1/HB 501.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2019, "originates" was substituted for "originate" in paragraph (b)(2).