05 LC
25 3880
House
Bill 301
By:
Representatives Warren of the
122nd,
Harbin of the
118th,
and Jenkins of the
8th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 27 of the Official Code of Georgia Annotated, relating to game and
fish, so as to change certain provisions relating to taking fish generally; to
change certain provisions relating to spearing of fish; to authorize the taking
of fish by grabbling, by noodling, or by hand under certain conditions; to
provide penalties for violations; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
27 of the Official Code of Georgia Annotated, relating to game and fish, is
amended by striking subsection (a) of Code Section 27-4-5, relating to methods
of taking fish generally, and inserting in lieu thereof a new subsection (a) to
read as follows:
"(a)
It shall be unlawful to fish for game fish, except American shad, hickory shad,
flathead catfish, and channel catfish, by any means other than a pole and line.
Except as otherwise provided, it shall be unlawful to take any fish in the fresh
waters of this state by any method other than a pole and line, sport trotlines
in accordance with Code Section 27-4-32, set hooks, jugs, bow and arrow in
accordance with Code Section 27-4-34, spears in accordance with Code Section
27-4-33, bow nets as provided in Code Section 27-4-35, seines in accordance with
Code Section
27-4-6, by
hand in accordance with Code Section
27-4-37, and as authorized in Code Section
27-4-91 with regard to commercial fresh-water
fishing."
SECTION
2.
Said
title is further amended by striking Code Section 27-4-33, relating to spearing
of fish, and inserting in lieu thereof the following:
"27-4-33.
(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; provided,
however, other species of nongame fish may be speared solely for the purpose of
sport, provided the person engaged in the act of spearing is completely
submerged.
(b)
'Spearing' as used in this Code section shall be limited to the use of a spear
or similar instrument that is held in the hand of the person using the same and
the use of a weapon other than a firearm which propels or forces a projectile or
similar device therefrom, to which a wire, rope, line, cord, or other means of
recovering the projectile or similar device is attached, which wire, rope, line,
cord, or other means is secured to the weapon or the person using the
weapon.
(c)
It shall also be unlawful for any person to engage in the spearing of
nongame
fish in the fresh waters of this state without a resident or nonresident fishing
license as provided in Code Section 27-2-23.
(d)
It shall be unlawful to use spears with poisonous or exploding
heads.
(e)
It shall be unlawful to discharge spears into waters nearer than 150 feet to
anyone engaged in any other means of recreation.
(f)
Any game fish, except channel catfish and flathead catfish taken under the
provisions of subsection (g) of this Code section, with an open wound and in the
possession of a person fishing with a spear shall be prima-facie evidence of
taking and possessing fish illegally.
(g)
It shall be unlawful to take channel catfish and flathead catfish anywhere in
the Savannah River, including its tributaries and impoundments within the
Savannah River Basin, by means of spearing, except under the following
conditions:
(1)
The taking of channel catfish and flathead catfish in the Savannah River,
including its tributaries and impoundments within the Savannah River Basin, by
spear shall be legal at any time of the day and at night by the use of a light;
and
(2)
All spears used pursuant to this subsection must be equipped with barbs or
contain devices on the point to act as a harpoon for recovering fish and must be
attached to the person using the spear or to the weapon by a rope, line, or cord
sufficient for recovering the spear and channel catfish or flathead
catfish."
SECTION
3.
Said
chapter is further amended by adding a new Code Section 27-4-37 to read as
follows:
"27-4-37.
(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 device, hook, snare, net, or other
artificial instrument and without the aid of any scuba equipment, air hose, or
other artificial breathing apparatus between March 1 and July 15 of each
year.
(b)
It shall be unlawful to alter any natural or manmade feature by placing boards,
wire, barrels, buckets, or any device or obstruction in any stream or other body
of water or to modify any log, hole, or other feature in an attempt to attract
or capture fish by grabbling, noodling, or hand grabbing or to take fish by
grabbling, noodling, or hand grabbing from such altered devices. It shall also
be unlawful to raise any part of a natural or artificial device out of the water
to aid in the hand capture of enclosed fish.
(c)
Any game fish, except channel and flathead catfish, taken in violation of the
provisions of subsections (a) and (b) of this Code section, in the possession of
a person grabbling, noodling, or hand grabbing fish shall be prima-facie
evidence of taking and possessing fish illegally.
(d)
It shall be unlawful for any person to engage in the grabbling, noodling, or
hand grabbing of flathead, channel, or blue catfish in the fresh waters of this
state without a resident or nonresident fishing license as provided in Code
Section
27-2-23."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.