0 chapters · 177 sections in this title.
O.C.G.A. § 27-4-11 Fishing in department fish hatcheries
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It shall be unlawful to fish in ponds or other waters of fish hatcheries owned or operated by the department, except for those waters which the department opens for fishing. The department may set special creel limits, hours, open dates, age limitations, and other conditions for …
O.C.G.A. § 27-4-110 Commercial fishing license required
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It shall be unlawful for any person other than the crew of a trawler licensed as provided in Code Section 27-2-8 with a trawler crew license, for purposes of such license, or a person in possession of a valid commercial crabbing license as provided for in Code Section 27-4-150, f…
O.C.G.A. § 27-4-116 Diamondback terrapins
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Reserved. Repealed by Ga. L. 2003, p. 654, § 13, effective July 1, 2003. Editor’s notes. — This Code section was based on Ga. L. 1967, p. 634, §§ 1-4; Code 1933, § 45-816, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1982, p. 1729, § 7. 27-4-117. Identification tags, numbers, and …
O.C.G.A. § 27-4-118 Required records
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(a) It shall be unlawful for any person landing seafood in this state to fail to maintain at all times a record book showing the amount of seafood landed per trip; the name and address of the person or persons to whom sold; the date of sale and the time and place of delivery; and…
O.C.G.A. § 27-4-119 Lawful commercial shrimping devices
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Repealed by Ga. L. 2007, p. 93, § 8, effective July 1, 2007. Editor’s notes. — This Code section was based on Ga. L. 1998, p. 1133, § 8. 215 T.27, C.4, A.4 GAME AND FISH 27-4-130.1 ARTICLE 4 SEAFOOD PART 1 GENERAL PROVISIONS 27-4-130. Authority to close salt waters; notice; regul…
O.C.G.A. § 27-4-13 Size and construction requirements of cast nets
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Repealed by Ga. L. 2007, p. 93, § 3, effective July 1, 2007. Editor’s notes. — This Code section was based on Ga. L. 1998, p. 1133, § 4. 196 T.27, C.4, A.2 FISH 27-4-30 ARTICLE 2 NONCOMMERCIAL FISHING PART 1 GENERAL PROVISIONS 27-4-30. Fishing in private ponds.
O.C.G.A. § 27-4-131 Zoning of salt waters [Repealed]
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27-4-132. Fishing for shrimp for noncommercial purposes generally. 27-4-132.1. Limit on amount of shrimp fished by cast net; penalty for violation. 27-4-133. Lawful nets; opening and closing waters; identification on boats fishing for shrimp. 27-4-134. Requirements for commercial…
O.C.G.A. § 27-4-132 Fishing for shrimp for noncommercial purposes generally
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(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 noncommerci…
O.C.G.A. § 27-4-132.1 Limit on amount of shrimp fished by cast net; penalty for violation
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(a)(1) No person or group of persons occupying the same boat fishing for shrimp for noncommercial purposes by means of a food shrimp cast net may take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any day. No such person or group of persons occupying th…
O.C.G.A. § 27-4-136 Seafood dealer license; maintenance of records; purchase of seafood
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(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 wit…
O.C.G.A. § 27-4-137 Civil forfeiture proceedings
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(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 Tit…
O.C.G.A. § 27-4-140 Penalties for using recreational food shrimp cast netting
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(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. 228 27-4-150 (b) Any person convicted of using an illegal cast net to fish for shrimp from the…
O.C.G.A. § 27-4-170 Sport bait shrimping
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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.…
O.C.G.A. § 27-4-171 Bait shrimping
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(a)(1) It shall be unlawful for any person to fish for shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless the person has a bait dealer license and possesses a valid personal commercial fishing li…
O.C.G.A. § 27-4-172 Protections for horseshoe crabs; catch limits; exceptions
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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. 239 T.27, C.4, A.4, P.4 GAME AND FISH 27-4-190 PART 4 SHELLFISH Editor’s notes. — Ga. L.…
O.C.G.A. § 27-4-192 Methods of taking shellfish generally
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(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…
O.C.G.A. § 27-4-195 Times and places for taking shellfish
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(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 a portion of the salt waters of this …
O.C.G.A. § 27-4-197 Shellfish sanitation program; requirements as to shipment of shellfish
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(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 shellf…
O.C.G.A. § 27-4-198 Lease of shellfish beds from department
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(a) Any person desiring to lease any state shellfish beds for the exclusive rights to harvest those shellfish pursuant to this Code section shall make an application in writing to the department. The application shall include the name and legal residence of the applicant, a Natio…
O.C.G.A. § 27-4-199 Evidence of intent to use as food; inspection of businesses
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(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) Co…
O.C.G.A. § 27-4-200 Forged or false documents, records, or permits unlawful
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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.)
O.C.G.A. § 27-4-201 Penalty for violation of article
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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. (Code 1981, § 27-4-201, enacted by Ga. L. 1991, p. 693, § 6.) PART 5 COMMERCIAL SHRIMP C…
O.C.G.A. § 27-4-205 Commercial shrimping license required
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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 …
O.C.G.A. § 27-4-206 Issuance of licenses; limits; fees
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(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 Co…
O.C.G.A. § 27-4-210 Atlantic States Marine Fisheries Compact
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The Governor of this state is authorized and directed to execute a compact on behalf of the State of Georgia with any one or more of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, S…
O.C.G.A. § 27-4-211 Establishment of commission; members; terms of office; removal
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(a) Pursuant to Article III of the compact, there shall be three members (hereinafter called commissioners) of the Atlantic States 256 27-4-212 Marine Fisheries Commission (hereinafter called commission) from the State of Georgia. The first commissioner from the State of Georgia …
O.C.G.A. § 27-4-212 Powers and duties of commission and state officers
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There is granted to the commission and the commissioners thereof all the powers provided for in the compact and all the powers necessary or 257 27-4-214 incidental to the carrying out of the compact in every particular. All officers of the State of Georgia are authorized and dire…
O.C.G.A. § 27-4-213 Powers granted to commission regarded as supplemental
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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, Connectic…
O.C.G.A. § 27-4-215 Examination of commission’s accounts by state auditor; report to Governor
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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 …
O.C.G.A. § 27-4-216 Annual appropriation for commission
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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. (Ga. L. 1943, p. 117, § 6; Ga. L. 1945, p. 193, § …
O.C.G.A. § 27-4-234 Agreements with adjoining states
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(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…
O.C.G.A. § 27-4-251 Short title
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This article may be cited as the ‘‘Georgia Aquaculture Development Act.’’ (Code 1981, § 27-4-251, enacted by Ga. L. 1992, p. 1507, § 8.) 27-4-252. (For effective date, see note.) Definitions. As used in this article, the term: (1) ‘‘Aquaculture’’ means the extensive or intensive …
O.C.G.A. § 27-4-257 Contents of application for registration
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(a) All applications to the department for registration as a seller of domestic fish shall: (1) Designate an address in this state where the applicant can be personally served with legal process; (2) Contain an appointment of an agent in this state for acceptance of service of le…
O.C.G.A. § 27-4-259 Denial of registration
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(a) The Commissioner may deny registration to: (1) Any applicant with a criminal record; (2) Any applicant who is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department; or (3) A corporation, when any of…
O.C.G.A. § 27-4-260 Atlantic States Marine Fisheries Compact
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Establishment of commission; members; terms of office; removal. Powers and duties of commission and state officers. Powers granted to commission regarded as supplemental. Commission to keep accurate accounts; reports to Governor and General Assembly; recommendations for legislati…
O.C.G.A. § 27-4-262 Rules and regulations
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The board shall make and publish in print or electronically such rules and regulations, not inconsistent with law, as it deems necessary to carry out the purposes of this article. (Code 1981, § 27-4-262, enacted by Ga. L. 1992, p. 1507, § 8; Ga. L. 2010, p. 838, § 10/SB 388.) 27-…
O.C.G.A. § 27-4-263 Inspections
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(a) Any inspector or other person authorized to ascertain compliance with any rule or regulation of the department pertaining to the production or sale of domestic fish may enter during normal business hours and inspect the premises of a registered seller or producer of domestic …
O.C.G.A. § 27-4-280 Legislative findings
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The General Assembly recognizes that persons who participate in the sport of fishing may incur injuries as a result of the risks involved in such activity. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such act…
O.C.G.A. § 27-4-281 Definitions
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As used in this article, the term: (1) ‘‘Fishing location’’ means a body of water, whether naturally occurring or manmade, containing fish and for the privilege of fishing there a fee is charged. (2) ‘‘Participant’’ means any person who enters the fishing location, singly or with…
O.C.G.A. § 27-4-282 Immunity from liability for injury or death; exceptions
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(a) Except as provided in subsection (b) of this Code section, the owner or operator of any fishing location, or any other person, corporation, group, partnership, or other entity, shall not be liable for an injury to or the death of a participant resulting from the inherent risk…
O.C.G.A. § 27-4-283 Warning sign to be posted; contents of warning sign
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(a) Every owner and operator of a fishing location shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near the water and at the location where the fee is p…
O.C.G.A. § 27-4-3 Right to take shellfish from stream or estuary
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Reserved. Repealed by Ga. L. 1991, p. 693, § 2, effective July 1, 1991. Editor’s notes. — This Code section was based on Ga. L. 1952, p. 247, §§ 1-6; Ga. L. 1955, p. 483, § 90; Code 1933, § 45-704, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1981, Ex. Sess., p. 8. 27-4-4. Unlawfu…
O.C.G.A. § 27-4-30 Fishing in private ponds
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The owner of a private pond, the owner’s immediate family, or tenants with the owner’s consent shall be permitted to fish within the bounds of the pond at any time and in any manner without a fishing license. All other persons shall be required to obtain fishing licenses to fish …
O.C.G.A. § 27-4-31 Catch-out pond licenses
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The owner or operator of a catch-out pond operated as one contiguous unit and under single ownership, including ownership by a partnership, firm, association, or corporation, may purchase a catch-out pond license as provided in Code Section 27-2-23. Such license shall not be tran…
O.C.G.A. § 27-4-32 Sport trotlines
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Sport trotlines must be marked with the owner’s name and address and with visible buoys and must be submerged at least three feet below the surface of the water. Such trotlines must be attended regularly and removed after the completed fishing trip. Unmarked or unattended lines w…
O.C.G.A. § 27-4-33 Spearing of fish
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(a) It shall be unlawful to spear game fish and all species of catfish in the fresh waters of this state except as provided in this Code section; 198 27-4-33 provided, however, other species of nongame fish may be speared solely for the purpose of sport, provided the person engag…
O.C.G.A. § 27-4-34 Fishing with bow and arrow
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(a) It shall be unlawful to take nongame fish from the waters of this state by means of bow and arrow except under the following conditions: (1) Each person using a bow and arrow shall have on his or her person a valid state resident or nonresident fishing license; (2) All arrows…
O.C.G.A. § 27-4-35 Sport shad fishing
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Reserved. Repealed by Ga. L. 2012, p. 739, § 8/HB 869, effective January 1, 2013. Editor’s notes. — This Code section was based on Code 1933, § 45-720, enacted by Ga. L. 1977, p. 396, § 1. 27-4-36. Artificial-lure streams or lakes.
O.C.G.A. § 27-4-36 Artificial-lure streams or lakes
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(a) It shall be unlawful to fish in any artificial-lure stream or lake except with an artificial lure or to have any bait or lure other than artificial in possession at such stream or lake. The board shall have the authority to designate streams, lakes, or parts of streams or lak…
O.C.G.A. § 27-4-37 Taking of fish by grabbling, noodling, or hand grabbing
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(a) It shall be unlawful to fish for game fish, catfish, and all other species of fish in the freshwaters of the state by grabbling, noodling, or hand grabbing except as provided in this Code section. Flathead, channel, and blue catfish may be taken by hand without the aid of any…