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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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: Distribute upon areas designated by the department at least 33 1/3 percent by volume […]
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. It shall be unlawful for any person handling shellfish for purposes of sale or shipment to fail to keep such shellfish in […]
The department may offer leases of state intertidal water bottoms within an approved growing area for the exclusive rights to harvest wild or maricultured shellfish pursuant to this Code section through public competitive bidding. Any person desiring to lease state intertidal water bottoms shall make an application in writing to the department in the manner […]
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. Game wardens and other authorized personnel of the department are authorized to take samples from, […]
It shall be unlawful to knowingly produce, manufacture, or possess any forged or false documents, records, or permits provided for in this article. History. 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 […]
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 […]
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 […]
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 […]
The first time that a person obtains or renews a shellfish mariculture permit, he or she shall obtain a permit from the department establishing the maximum number of cages that may be deployed at any given time during that license year. Such permits shall be issued in 25 cage increments. The permittee shall pay a […]
