GA Code § 27-4-190 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-190. Commercial Fishing License With Shellfish Endorsement and Master Harvester Permit or Harvester Permit; Hours for Taking Shellfish; Recreational Harvesting

    It shall be unlawful to take or possess shellfish in commercial quantities or for commercial purposes without first having obtained a commercial fishing license with a shellfish endorsement and a master harvester permit or harvester permit or without proof of purchase that such shellfish were purchased from a certified shellfish dealer. Master harvester permits shall specify whether the permittee is authorized to take oysters, clams, or other shellfish and shall only be issued to persons certified by the Department of Agriculture to handle shellfish unless permission to take and possess shellfish has been granted by the department as described in subsection (d) of Code Section 27-4-197 and in Code Section 27-4-202. Such permits shall be provided annually. A permittee may request authorization from the department for employees or agents, who shall be referred to as harvesters, of such permittee to take shellfish from permitted areas. Such request shall be in writing to the department and shall include the name, address, and personal commercial fishing license number of the harvester. It shall be unlawful for harvesters to take or possess shellfish as authorized under their employer's master harvester permit unless they carry on their person while taking or in possession of shellfish a harvester permit as provided by the department indicating the exact area and circumstances allowed for taking. Such harvesters' permits and charts shall be provided annually by the department and shall be in a form as prescribed by the department. Harvesters must possess a valid personal commercial fishing license as provided for in Code Section 27-4-110, a shellfish endorsement as provided for in the department's rules and regulations, and, when a boat is used, a valid commercial fishing boat license as provided in Code Section 27-2-8. Master harvester permits and harvester permits shall not be issued to persons who have violated this part in the two years immediately preceding the filing of an application for a permit. Permits may be revoked pursuant to Code Section 27-2-25. Master harvester permits and harvester permits issued to master harvesters or agents shall be surrendered to the department upon termination of Department of Agriculture certification for handling shellfish, upon termination of right to harvest shellfish, or upon violation of any provision of this title. If a harvester is removed from authorization to take shellfish by the master harvester permittee, the master harvester shall immediately notify the department of such removal. In addition, that harvester shall immediately surrender to the department his or her harvester permit. It shall be unlawful to possess unauthorized harvester permits or harvester permits issued to another person.   All commercially licensed vessels engaged in commercial shellfish harvest or transport, whether with shellfish on board or not, shall have a portable marine toilet on board, as the term is defined in Code Section 52-7-3.     It shall be unlawful for any person to take or possess shellfish from unauthorized locations and during unauthorized periods of taking. It shall be unlawful to take shellfish except between the hours of one-half hour before sunrise and one-half hour after sunset.   It shall be unlawful to take any quantity of shellfish for commercial purposes from public recreational harvest areas. Recreational quantities of oysters in the shell shall be two bushels per person with up to six bushels per boat per day. Recreational quantities of clams in the shell shall be one bushel or less per person with no more than one bushel per boat per day. Recreational quantities of shucked oysters or clams or a combination thereof shall be one gallon per day. It shall be unlawful to harvest shellfish recreationally except in areas designated by the commissioner except that private property owners or persons authorized by private property owners may harvest recreational quantities of shellfish from areas for which they have harvest rights to shellfish if they have in their possession proof of ownership or a letter of permission from the property owner stating the dates allowed to take shellfish, type of shellfish which may be taken, and a description of the area allowed for such taking. Private property owners wishing to harvest recreational quantities of shellfish or to issue permission to others to harvest recreational quantities of shellfish shall notify the department in writing prior to the taking of shellfish or the permitting of others to take shellfish so harvest areas can be opened according to Code Section 27-4-195. Permission to harvest shellfish recreationally in public recreational harvest areas shall be granted to all residents and nonresidents upon the designation of individual public recreational harvest areas.     (Code 1981, §27-4-190, enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 2012, p. 739, § 27/HB 869; 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, rewrote paragraph (a)(1); deleted former subsection (c), which read: "A master collecting permit shall not be issued if the permittee has failed to comply with Code Section 27-4-196 during the previous harvest season or if the issuance is determined not to be in accordance with sound, current principles of wildlife research and management by the department. Permits may be revoked according to Code Section 27-2-25."; and redesignated former subsection (d) as present subsection (c).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1991, "harvest shellfish recreationally" was substituted for "recreationally harvest shellfish" twice in subsection (d).   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   When lease from state required.    - An applicant for a master collecting permit pursuant to O.C.G.A. § 27-4-190(a) must have a lease from the State of Georgia in order to harvest oysters and clams from marsh islands or from subtidal areas of tidal inlets. 1985 Op. Att'y Gen. No. 85-16.    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, §§ 7, 20 et seq., 51 et seq.   C.J.S.   - 36A C.J.S., Fish, §§ 14, 28, 35, 36.