§ 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 […]
§ 27-4-194. Minimum Size of Shellfish Which May Be Taken for Commercial or Noncommercial Purposes
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 […]
§ 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
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 […]
§ 27-4-196. Distribution and Transplanting of Wild Oyster Shells and Culch Material by Permittee
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 […]
§ 27-4-197. Shellfish Sanitation Program; Requirements as to Shipment of Shellfish
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 […]
§ 27-4-198. Lease of State Intertidal and Subtidal Water Bottoms Within Approved Growing Areas From Department
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 […]
§ 27-4-199. Evidence of Intent to Use as Food; Inspection of Businesses
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, […]
§ 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. 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 […]
§ 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 […]
§ 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 […]