reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 1 - GENERAL PROVISIONS (§§ 27-4-130 — 27-4-140) › Section 27-4-132 - Fishing for shrimp for noncommercial purposes generally

(a)
In accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations establishing the seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits for noncommercial fishing for shrimp. Except as otherwise provided by law, it shall be unlawful to fish for shrimp for noncommercial purposes in the salt waters of the State of Georgia except by means established by the board. The determination of whether to open or close a river or creek or a portion thereof for fishing for shrimp shall be made by the commissioner in accordance with current, sound principles of wildlife research and management.
(b)
Reserved.
(c)
It shall be unlawful to fish for shrimp except at such times and places as the commissioner may establish. The commissioner is authorized to open or close any or a portion of the salt waters of this state to fishing for food shrimp at any time between May 15 and the last day of February if the commissioner has determined that such action in opening or closing such waters is in accordance with current sound principles of wildlife research and management.
Amended by 2012 Ga. Laws 676,§; 21, eff. 1/1/2013.
Amended by 2007 Ga. Laws 35,§; 9, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 1 - GENERAL PROVISIONS (§§ 27-4-130 — 27-4-140) › Section 27-4-136 - Seafood dealer license; maintenance of records; purchase of seafood

(a)
(1)
It shall be unlawful for any person to operate as a seafood dealer or to own or operate shellfish canning or shucking facilities or otherwise deal in purchasing, landing, packing, or supplying raw shrimp, shellfish, crabs, fish, or other seafood for commercial purposes without having a valid seafood dealer license as provided for in Code Section
27-2-23
.
(2)
It shall be unlawful for any person required to have a seafood dealer license to fail to keep a record in which is entered the amount of shrimp, shellfish, crabs, fish, or other seafood taken from Georgia waters for commercial purposes; the name of each person from whom purchased; the date and price of purchase; the grade and quantity purchased; the name, number, and approximate tonnage of the boat in which they were brought to the facility; the number of calendar days expended in harvesting the product; the approximate location or locations of harvest; the quantity canned and packed for shipment; the date and amount of each shipment; and such other information as the department requires.
(3)
Each person required to maintain records pursuant to paragraph (2) of this subsection shall report such information to the department, whose address for the purpose of reporting shall be the Coastal Resource Division headquarters, at such times and in such manner as the board provides by rule or regulation. For the purposes of this subsection, a person licensed as a seafood dealer who has taken no activity described in paragraph (2) of this subsection within any given month shall report such nonactivity to the department in the same manner as provided by rule or regulation.
(b)
It shall be unlawful for any master collecting permittee to fail to maintain records in a form as prescribed by the Department of Agriculture.
(c)
It shall be unlawful for any person required to have a seafood dealer license to purchase seafood from any person other than a properly licensed seafood harvester or another seafood dealer.
Amended by 2024 Ga. Laws 493,§ 5, eff. 7/1/2024.
Amended by 2017 Ga. Laws 22,§ 16, eff. 7/1/2017.
Amended by 2007 Ga. Laws 35,§ 12, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 1 - GENERAL PROVISIONS (§§ 27-4-130 — 27-4-140) › Section 27-4-137 - Civil forfeiture proceedings

(a)
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:
(1)
Forfeiture shall only be done in accordance with Code Section
9-16-12
and the property shall be described only in general terms; and
(2)
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.
(b)
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.
Amended by 2015 Ga. Laws 98,§ 3-22, eff. 7/1/2015.
Amended by 2012 Ga. Laws 676,§; 23, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 1 - GENERAL PROVISIONS (§§ 27-4-130 — 27-4-140) › Section 27-4-139 - [Repealed] Taking of shrimp for recreational purposes; lawful nets and use of shrimp; penalty for violation

Repealed by 2007 Ga. Laws 35,§ 13, eff. 7/7/2007.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 1 - GENERAL PROVISIONS (§§ 27-4-130 — 27-4-140) › Section 27-4-140 - Penalties for using recreational food shrimp cast netting

(a)
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.
(b)
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.
(c)
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
.
(d)
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.
Amended by 2007 Ga. Laws 35,§ 14, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 3 - TAKING SHRIMP FOR BAIT (§§ 27-4-170 — 27-4-172) › Section 27-4-170 - [Repealed] Sport bait shrimping

Repealed by 2012 Ga. Laws 676,§ 24, eff. 1/1/2013.
Amended by 2007 Ga. Laws 35,§ 15, eff. 7/1/2007.
Amended by 2002 Ga. Laws 462, § 27, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 3 - TAKING SHRIMP FOR BAIT (§§ 27-4-170 — 27-4-172) › Section 27-4-172 - [Repealed] Protections for horseshoe crabs; catch limits; exceptions

Repealed by 2012 Ga. Laws 676,§ 26, eff. 1/1/2013.
Added by 2001 Ga. Laws 184, § 2, eff. 4/19/2001.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 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.
Added by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-189 - Regulatory authority to develop and cultivate shellfish industry; recommendations on legislation

(a)
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.
(b)
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.
Added by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-191 - [Reserved] Shellfish dredging permits; bond required of master collecting permittees applying for shellfish dredging permits

Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-192 - Methods of taking shellfish generally

(a)
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.
(b)
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.
Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-193 - Taking shellfish from unapproved growing areas; operating facility for controlled purification of shellfish

(a)
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.
(b)
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.
Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-194 - Minimum size of shellfish which may be taken for commercial or noncommercial purposes

(a)
(1)
It shall be unlawful to take any oysters for noncommercial purposes when the shells of the oysters measure less than three inches from hinge to mouth, except that oysters less than three inches from hinge to mouth may be removed if attached to an oyster of that minimum size and the oyster so attached cannot be removed without destroying the three-inch oyster.
(2)
It shall be unlawful to take any oysters for commercial purposes when the shells of the oysters measure less than two inches from hinge to mouth, except that oysters less than two inches from hinge to mouth may be removed if attached to an oyster of that minimum size and the oyster to which it is so attached cannot be removed without destroying the two-inch oyster.
(3)
It shall be unlawful for any person engaged in shucking or canning oysters for market to shuck, can, purchase, or have in possession any quantity of oysters containing more than 5 percent of oysters of prohibited size as defined in this Code section. Smaller oysters may be taken incidentally with such minimum-size oysters when they are directly attached to the minimum-size oysters. Oysters of prohibited size as defined in this Code section may be taken or possessed if prior written approval has been obtained from the department and such approval is on the person of the harvester or person in possession of the oyster.
(b)
It shall be unlawful to take or possess any clam for commercial or recreational purposes when the maximum depth of the shell of the clam measures less than three-fourths' inch thickness from one shell half to the other unless prior written approval has been obtained from the department and such approval is on the person of the harvester or person in possession of the clam.
Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
Amended by 2012 Ga. Laws 676,§; 28, eff. 1/1/2013.
Amended by 2001 Ga. Laws 303, §; 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-195 - Times and places for taking shellfish; master harvester's request to harvest shellfish during periods when shellfish harvest is closed; revocation of permission for closed period harvest

(a)
It shall be unlawful to take shellfish from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open or close for the purpose of taking shellfish any or all portions of the salt waters of this state at any time between January 1 and December 31, provided that he or she has determined that such action in opening or closing said salt waters is in accordance with current, sound principles of wildlife research and management.
(b)
It shall be unlawful to give permission to take shellfish from any area not opened pursuant to this Code section unless permission has been granted by the department or to give permission to harvest shellfish from areas for which the individual granting such permission does not have harvest rights.
(c)
A master harvester may request permission from the department to harvest shellfish during periods when shellfish harvest is closed pursuant to subsection (a) of this Code section. The department may consider a master harvester's past compliance with the provisions of this part in making its determination to issue conditional permission to harvest during closed periods. In addition, the master harvester shall provide:
(1)
A closed season shellfish operations plan that is approved by the department and meets requirements established by the board to be protective of public health;
(2)
A list of trained, authorized harvesters as provided in subsection (d) of this Code section; and
(3)
A list of receiving certified firms.
(d)
A master harvester shall ensure that a harvester receives training required by the National Shellfish Sanitation Program, abides by the conditions of the program, and holds all required licenses.
(e)
The department may suspend or revoke a master harvester's permission for closed period harvest for a violation of a condition by the master harvester or harvester. The filing of a judicial appeal shall not act as an automatic stay of enforcement. No license, permit, or lease shall be denied or revoked under this part without opportunity for hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-196 - Distribution and transplanting of wild oyster shells and culch material by permittee

(a)
It shall be unlawful for any permittee authorized pursuant to Code Section
27-4-190
to gather wild oysters for commercial purposes from intertidal water bottoms other than those leased from the state to fail to do one of the following each year:
(1)
Distribute upon areas designated by the department at least 33 1/3 percent by volume of oyster shells taken by the permittee or taken under authorization by the permittee during the immediately preceding harvest season;
(2)
Transplant at least such amount by volume of oysters from unapproved growing areas in accordance with the requirements of this article; or
(3)
Distribute or transplant at least such amount by volume of culch material.
(b)
It shall be unlawful for any permittee or permittee's authorized agent taking wild oysters from intertidal water bottoms leased from the state to fail to return culch amounts by volume as are specified in the lease agreement.
(c)
Such shell deposition, oyster transplanting, or deposition of culch material shall be done under the direction or supervision of the department and shall require prior notification to the department of any such proposed action.
Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-197 - Shellfish sanitation program; requirements as to shipment of shellfish

(a)
The department and the Department of Agriculture shall conduct a shellfish program sufficient to be certified by the United States Food and Drug Administration for interstate shipment of shellfish produced in this state.
(b)
It shall be unlawful for any person handling shellfish for purposes of sale or shipment to fail to keep such shellfish in clean barrels, bags, crates, baskets, or other containers as prescribed by the Department of Agriculture. It shall be unlawful to fail to attach to each such container a tag approved by the Department of Agriculture or to mark containers of shucked shellfish with mandatory information as described by the Department of Agriculture. It shall be unlawful to possess shellfish which are not properly tagged or labeled according to this Code section. Such tags or labels shall indicate the information as required by the Department of Agriculture.
(c)
It shall be unlawful to affix tags issued to a certified dealer onto containers of another. Uncertified master harvesters shall tag harvested shellfish in a manner as prescribed by the department according to the guidelines of the National Shellfish Sanitation Program.
(d)
It shall be unlawful to ship or possess commercial quantities of shellfish unless certified by the Department of Agriculture. It shall be unlawful to possess shellfish from out-of-state sources unless those shellfish were purchased from certified dealers. It shall be unlawful to ship shellfish through Georgia unless certified. Certified dealers are those permitted to handle shellfish according to the guidelines of the National Shellfish Sanitation Program. The department may issue permission to uncertified firms to take and possess shellfish. Such permission may be issued upon such conditions as the department determines are in accordance with current, sound principles of wildlife research and management.
Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-199 - Evidence of intent to use as food; inspection of businesses

(a)
The distribution, sale, or possession with intent to distribute or sell any shellfish shall be prima-facie evidence that the shellfish were intended for use as food unless prior written approval from the department authorizing such possession of shellfish is presented.
(b)
Game wardens and other authorized personnel of the department are authorized to take samples from, to enter and have access to, and to examine during normal working hours and at any time when the licensed or authorized activity is being conducted all water bottoms, places of business, and other places where shellfish are grown, kept, stored, sold, or held in possession with intent to distribute, sell, or give away. Such personnel are also authorized at any time to take such samples of shellfish as are necessary to carry out the purposes of this article and to have access to and take samples from all streams, tributaries thereof, and lands adjacent thereto, the waters draining from which may come into contact with shellfish. It shall be unlawful for any person to obstruct or in any way interfere with any game warden or other authorized personnel of the department in carrying out the purposes of this article.
(c)
Prior to and at point of landing game wardens and other authorized personnel of the department are authorized to seize, confiscate, and remove any and all shellfish discovered which were taken or possessed in violation of this article. Whenever a game warden or other authorized personnel of the department believes that shellfish examined may have been taken, contained, or stored in such a manner that may render the shellfish adulterated, misbranded, tainted, or otherwise which may pose a public health problem, the game warden or other authorized personnel of the department is authorized to seize, confiscate, and remove any and all shellfish. Such shellfish shall be destroyed or returned to the resource according to methods as the department may prescribe.
Amended by 2019 Ga. Laws 264,§ 7, eff. 7/1/2019.
Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 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.
Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-201 - Penalty for violation of article; revocation of authorizations

(a)
Except as otherwise provided in this article, any person who violates any provision of this part shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature.
(b)
Any authorizations issued under this part to any person convicted of violating any provision of this part may be revoked pursuant to Code Section
27-2-25
; provided, however, that, upon the first such conviction, a harvester permit shall not be revoked if the harvester satisfactorily completes, within 30 days of notice from the department, the retraining specified by the department in accordance with the requirements of the National Shellfish Sanitation Program pursuant to subsection (d) of Code Section
27-4-195
.
Amended by 2024 Ga. Laws 493,§ 8, eff. 7/1/2024.
Amended by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-202 - Shellfish mariculture permit; bond requirement of master harvester; penalty for noncompliance

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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:
(1)
Forfeit or draw that amount of such bond that the director determines necessary to correct the violations;
(2)
Expend such amount for such purposes;
(3)
Enter into contracts for such purposes; or
(4)
Require the replacement of that amount of such bond forfeited or drawn upon.
Added by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-203 - Conditional certifications of shellfish hatcheries and nursery operations; approval of out-of-state hatcheries; authorization for operation; conditions for permitting; revocation

(a)
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.
(b)
The department may grant permits to master harvesters to import hatchery produced shellfish seed under the following conditions:
(1)
Shellfish seed shall be certified disease-free by an approved shellfish pathologist; and
(2)
The importation of shellfish seed is confined to seed that originates from department approved hatcheries.
(c)
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.
Added by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 4 - SHELLFISH (§§ 27-4-187 — 27-4-204) › Section 27-4-204 - Permitting; number of cages; identification attached to cages

It shall be unlawful to set or place in the salt waters of this state any shellfish mariculture cage which does not have attached to it an identification tag approved by the department . The identification shall be assigned by the department to the permittee when such permittee is issued his or her shellfish mariculture permit. For subsequent years, the same identification shall be assigned to such permittee. All intertidal gear shall be exempt from the requirements of this Code section.
Amended by 2024 Ga. Laws 493,§ 9, eff. 7/1/2024.
Added by 2019 Ga. Laws 217,§ 1, eff. 3/1/2020.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 5 - COMMERCIAL SHRIMP CAST NETTING LICENSES (§§ 27-4-205 — 27-4-206) › Section 27-4-205 - Commercial shrimping license required

It shall be unlawful for any person to fish for shrimp with a cast net from the waters of the state for commercial sale for food purposes or to sell for food purposes any shrimp he or she has taken with a cast net from the waters of the state unless he or she is in possession of a commercial food shrimp cast netting license as provided in this part. Such license shall be required in addition to a commercial fishing boat license issued pursuant to Code Section
27-2-8
.
Amended by 2007 Ga. Laws 35,§ 17, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 4 - SEAFOOD (§§ 27-4-130 — 27-4-206) › Part 5 - COMMERCIAL SHRIMP CAST NETTING LICENSES (§§ 27-4-205 — 27-4-206) › Section 27-4-206 - Issuance of licenses; limits; fees

(a)
The department may issue no more than 200 commercial food shrimp cast netting licenses as provided in this Code section. Such licenses shall be issued only to individuals and shall not be transferable.
(b)
If the number of licenses issued pursuant to subsection (a) of this Code section does not total 200, the department may issue the remaining allotment of commercial food shrimp cast netting licenses in the initial or any subsequent license year by lottery devised and operated by the department. After such lottery has been conducted, any remaining unissued licenses may be issued via a method established by the department.
(c)
The department shall charge a license fee for the commercial food shrimp cast netting license in the amount of $250.00 for a resident commercial food shrimp cast netting license and $2,500.00 for a nonresident commercial food shrimp cast netting license.
(d)
Any license which is not renewed in subsequent license years shall revert to the department to be issued as provided in subsection (b) of this Code section.
Amended by 2017 Ga. Laws 22,§ 18, eff. 7/1/2017.
Amended by 2007 Ga. Laws 35,§ 18, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 5 - INTERSTATE AGREEMENTS (§§ 27-4-210 — 27-4-234) › Part 1 - ATLANTIC STATES MARINE FISHERIES COMPACT (§§ 27-4-210 — 27-4-230) › Section 27-4-211 - Establishment of commission; members; terms of office; removal

(a)
Pursuant to Article III of the compact, there shall be three members (hereinafter called commissioners) of the Atlantic States Marine Fisheries Commission (hereinafter called commission) from the State of Georgia. The first commissioner from the State of Georgia shall be the commissioner of natural resources ex officio; and the term of any such ex officio commissioner shall terminate at the time he ceases to hold the office of commissioner of natural resources; and his successor as commissioner shall be his successor as commissioner of natural resources. The second commissioner from the State of Georgia shall be a legislator and a member of the Commission on Interstate Cooperation of the State of Georgia ex officio, designated by the Commission on Interstate Cooperation; and the term of any such ex officio commissioner shall terminate at the time he ceases to hold such legislative office or office as commissioner on interstate cooperation; and his successor as commissioner shall be named in like manner. The Governor (by and with the advice and consent of the Senate) shall appoint a citizen as a third commissioner who shall have a knowledge of and interest in the marine fisheries problem. The term of the commissioner shall be three years, and he shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of the commissioner for any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term.
(b)
The commissioner of natural resources, as ex officio commissioner, may delegate, from time to time, to any deputy or other subordinate in his department or office the power to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or other proceeding of the commission.
(c)
The terms of each of the initial three members shall begin at the date of the appointment of the appointive commissioner, provided the compact shall have then gone into effect in accordance with Article II of the compact; otherwise, they shall begin upon the date upon which the compact shall become effective in accordance with said Article II.
(d)
Any commissioner may be removed from office by the Governor upon charges and after a hearing.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 5 - INTERSTATE AGREEMENTS (§§ 27-4-210 — 27-4-234) › Part 1 - ATLANTIC STATES MARINE FISHERIES COMPACT (§§ 27-4-210 — 27-4-230) › Section 27-4-212 - Powers and duties of commission and state officers

There is granted to the commission and the commissioners thereof all the powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular. All officers of the State of Georgia are authorized and directed to do all things falling within their respective provinces and jurisdictions necessary or incidental to the carrying out of the compact in every particular, it being declared to be the policy of the State of Georgia to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments, and persons of and in the government or the administration of the State of Georgia are authorized and directed at convenient times and upon request of the commission to furnish the commission with information and data possessed by them and to aid the commission by loan of personnel or other means lying within their legal rights.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 5 - INTERSTATE AGREEMENTS (§§ 27-4-210 — 27-4-234) › Part 1 - ATLANTIC STATES MARINE FISHERIES COMPACT (§§ 27-4-210 — 27-4-230) › Section 27-4-213 - Powers granted to commission regarded as supplemental

Any powers granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in the commission by other laws of the State of Georgia or by the laws of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Florida or by the Congress or the terms of the compact.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 5 - INTERSTATE AGREEMENTS (§§ 27-4-210 — 27-4-234) › Part 1 - ATLANTIC STATES MARINE FISHERIES COMPACT (§§ 27-4-210 — 27-4-230) › Section 27-4-214 - Commission to keep accurate accounts; reports to Governor and General Assembly; recommendations for legislative action

The commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the General Assembly of the State of Georgia on or before December 10 of each year, setting forth in detail the transactions conducted by it during the 12 months preceding December 1 of that year. The commission shall also make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State of Georgia which may be necessary to carry out the intent and purposes of the compact between the signatory states.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 5 - INTERSTATE AGREEMENTS (§§ 27-4-210 — 27-4-234) › Part 1 - ATLANTIC STATES MARINE FISHERIES COMPACT (§§ 27-4-210 — 27-4-230) › Section 27-4-215 - Examination of commission's accounts by state auditor; report to Governor

The state auditor is authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements, and such other items referring to its financial standing as the state auditor may deem proper, and to report the results of the examination to the Governor of the state.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 5 - INTERSTATE AGREEMENTS (§§ 27-4-210 — 27-4-234) › Part 1 - ATLANTIC STATES MARINE FISHERIES COMPACT (§§ 27-4-210 — 27-4-230) › Section 27-4-216 - Annual appropriation for commission

The sum of $200.00 per annum, or so much as may be necessary, is appropriated, out of any moneys in the state treasury not otherwise appropriated, for the expenses of the commission created by the compact authorized by this part.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 5 - INTERSTATE AGREEMENTS (§§ 27-4-210 — 27-4-234) › Part 2 - FISHING LICENSE RECIPROCITY (§ 27-4-234) › Section 27-4-234 - Agreements with adjoining states

(a)
As used in this Code section, the term "adjoining state" means any of the following states: Alabama, Florida, North Carolina, South Carolina, and Tennessee.
(b)
The department is authorized to make and enter into agreements, from time to time, with the proper authorities of any adjoining state whereby:
(1)
A citizen of the State of Georgia who has obtained an honorary fishing license as a blind person pursuant to the provisions of subsection (b) of Code Section
27-2-4
may fish within such adjoining state without the necessity of purchasing a nonresident fishing license in that state; and
(2)
A citizen of the adjoining state who has an honorary fishing license as a blind person issued by that state may fish within the State of Georgia without the necessity of purchasing a nonresident fishing license in this state.
(c)
An agreement entered into with an adjoining state pursuant to the provisions of subsection (b) of this Code section pertains only to reciprocity of fishing licenses and all other fishing laws and regulations of the State of Georgia shall apply to any nonresident fishing in Georgia waters pursuant to the authority of any such agreement.
(d)
The commissioner is authorized to enter into agreements from time to time with the proper authorities of any of the adjoining states whereby a valid fishing license issued by the State of Georgia will be accepted and honored as and in lieu of a fishing license for adjoining states so agreeing on the banks and in the waters of the lakes, rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of both the State of Georgia and that adjoining state. In turn, valid licenses issued by said adjoining state shall be accepted and honored as and in lieu of a Georgia fishing license on the banks and in the waters of such lakes, rivers, and streams. Notwithstanding provisions of this title to the contrary, it shall be unlawful to take game fish except channel catfish, flathead catfish, American shad, and hickory shad from waters of the lakes, rivers, and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of Georgia and that adjoining state. The numbers of those game fish which may be lawfully taken from such waters are limited by the commissioner in accordance with current, sound principles of wildlife management. Those limits allow one to 50 fish of each species to be taken but no more than a total of 50 fish of all species.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 6 - AQUACULTURE DEVELOPMENT (§§ 27-4-251 — 27-4-263) › Section 27-4-251 - Short title

This article may be cited as the "Georgia Aquaculture Development Act."
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 6 - AQUACULTURE DEVELOPMENT (§§ 27-4-251 — 27-4-263) › Section 27-4-252 - Definitions

As used in this article, the term:
(1)
"Aquaculture" means the extensive or intensive farming of aquatic animals and plants.
(2)
"Commission" means the Aquaculture Development Commission created by Code Section
27-4-253
.
Amended by 2004 Ga. Laws 728, § 2-6, eff. 5/17/2004.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 6 - AQUACULTURE DEVELOPMENT (§§ 27-4-251 — 27-4-263) › Section 27-4-254 - Duty of commission to develop aquaculture development plan; contents of plan; meetings of commission; staff support

(a)
The commission shall make a thorough study of aquaculture and the potential for development and enhancement of aquaculture in the state. It shall be the duty of the commission to develop, distribute, and, from time to time, amend an aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable aquaculture enterprises in Georgia. Such plan shall include:
(1)
An evaluation of Georgia's natural resources as they relate to aquaculture;
(2)
An evaluation of species with potential for culture in Georgia;
(3)
An identification of constraints to development of aquaculture in Georgia and recommendations on methods to alleviate these constraints;
(4)
An identification of the roles of the Department of Agriculture and the Department of Natural Resources in supporting the aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed;
(5)
Recommendations for implementation of the plan; and
(6)
An identification of the role of other state and federal agencies in the development of the aquaculture industry.
(b)
The commission is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this article which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this article.
(c)
Staff support for the commission shall be provided by the Department of Natural Resources with assistance from the Department of Agriculture and the Department of Economic Development.
Amended by 2004 Ga. Laws 569, § 14, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 6 - AQUACULTURE DEVELOPMENT (§§ 27-4-251 — 27-4-263) › Section 27-4-255 - Registration required for sale of domestic fish; regulation of sale without registration

Any person engaged in the sale of domestic fish, except grocery stores, shall apply to the department for an aquaculture registration. The domestic fish of a registered aquaculture producer shall be privately owned subject to regulation by the Department of Natural Resources; provided, however, any person selling "domestic fish" without first obtaining an aquaculture registration shall be considered to be selling "wildlife" or "wild animals" and shall be subject to the provisions of this title governing such sale.
2023 CODE OF GEORGIA › Title 27 - GAME AND FISH (§§ 27-1-1 — 27-5-12) › Chapter 4 - FISH (§§ 27-4-1 — 27-4-283) › Article 6 - AQUACULTURE DEVELOPMENT (§§ 27-4-251 — 27-4-263) › Section 27-4-256 - Duty of department to register sellers of domestic fish; expiration of registration

The Department of Natural Resources shall register sellers of domestic fish under the applicable provisions of this article. Such registration shall expire on April 1 following the second anniversary of registration; provided, however, that such registration shall expire 30 days following any change in the status of any information required by the provisions of this article or by any rule or regulation adopted pursuant to this article to be reported to the department. The department shall issue to registrants who update their registration new certificates of registration for the full period of registration provided for in this Code section.