07 LC 25
4675/AP
House
Bill 100 (AS PASSED HOUSE AND SENATE)
By:
Representatives Hill of the
180th,
Lane of the
158th,
Williams of the
165th,
Knight of the
126th,
and Burns of the
157th
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 extensively revise various provisions relative to shrimp and
shrimping; to change certain provisions relating to definitions relative to game
and fish generally; to repeal certain provisions relating to size and
construction requirements of cast nets; to change certain provisions relating to
commercial fishing license requirement; to change certain provisions relating to
lawful methods of fishing generally; to change certain provisions relating to
lawful gear generally; to change certain provisions relating to required
records; to change certain provisions relating to lawful commercial shrimping
devices; to change certain provisions relating to taking of shrimp for
noncommercial purposes generally; to change certain provisions relating to limit
on amount of shrimp taken by cast net and penalty for violation; to change
certain provisions relating to lawful nets, opening and closing waters, and
identification on boats taking shrimp; to change certain provisions relating to
maintenance of records by suppliers; to change certain provisions relating to
taking of shrimp for recreational purposes, lawful nets and use of shrimp, and
penalty for violation; to change certain provisions relating to penalties for
using recreational food shrimp cast netting; to change certain provisions
relating to sport bait shrimping; to change certain provisions relating to bait
dealers; to change certain provisions relating to commercial shrimping license
requirement; to change certain provisions relating to issuance of licenses,
limits, and fees; 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 in Code Section 27-1-2, relating to definitions relative to game and
fish generally, by adding new paragraphs (5.1) and (29.1) to read as
follows:
"(5.1)
'Bait shrimp cast net' means a cast net constructed of a minimum of
three-eighths inch bar mesh."
"(29.1)
'Food shrimp cast net' means:
(A)
Until March 1, 2009, a cast net constructed of a minimum of one-half inch bar
mesh; and
(B)
On and after March 1, 2009, a cast net constructed of a minimum of five-eighths
inch bar mesh."
SECTION
2.
Said
title is further amended by revising paragraphs (10.1), (13.1), (13.2), (59.1),
(59.2), (59.3), and (59.4) of Code Section 27-1-2, relating to definitions
relative to game and fish generally, as follows:
"(10.1)
'Cast net' means a cone shaped net
designed to
be thrown and retrieved by hand
without
mechanical assistance and designed to
spread out and capture fish and shrimp as the weighted circumference sinks to
the bottom and comes together when pulled by a line."
"(13.1)
'Commercial cast net' means a cast net constructed of a minimum of five-eighths
inch bar mesh and having a radius not more than 12 feet and in compliance with
the provisions of Code Section 27-4-13.
(13.2)
'Commercial cast netting' means taking shrimp for commercial sale for food
purposes."
"(59.1)
'Recreational bait shrimp cast net' means a cast net constructed of a minimum of
three-eighths inch mesh with a radius not greater than eight feet and in
compliance with the provisions of Code Section 27-4-13. Such term shall include
any cast net which exceeds such minimum mesh size.
(59.2)
'Recreational bait shrimp cast netting' means taking shrimp for noncommercial
use as bait by means of a cast net.
(59.3)
'Recreational food shrimp cast net' means a cast net constructed of a minimum of
one-half inch bar mesh with a radius not greater than eight feet and in
compliance with the provisions of Code Section 27-4-13.
(59.4)
'Recreational food shrimp cast netting' means taking shrimp for noncommercial
food purposes by means of a cast
net."
SECTION
3.
Said
title is further amended by repealing Code Section 27-4-13, relating to size and
construction requirements of cast nets.
SECTION
4.
Said
title is further amended by revising Code Section 27-4-110, relating to
commercial fishing license requirement, as follows:
"27-4-110.
It
shall be unlawful for any person other than a person in possession of a valid
commercial crabbing license as provided for in Code Section 27-4-150, for
purposes of such license, or a person in possession of a commercial food shrimp
cast netting license as provided in Code Section 27-4-205, for purposes of such
license, to engage in commercial fishing in any of the salt waters of this state
without first obtaining a commercial fishing
license, which
shall be carried on his or her person while engaging in such
activities. Each license shall be
separate and distinct from each other and separate from and in addition to the
commercial fishing boat license required by Code Section
27-2-8."
SECTION
5.
Said
title is further amended in Code Section 27-4-112, relating to lawful methods of
fishing generally, by adding a new subsection to read as follows:
"(h)
It shall be unlawful to fish for shrimp for commercial purposes at
night."
SECTION
6.
Said
title is further amended by revising Code Section 27-4-113, relating to lawful
gear generally, as follows:
"27-4-113.
Except
as otherwise specifically authorized by law or regulation, it shall be unlawful
for any person engaged in commercial salt-water fishing in this state to use any
gear other than the following gear, which may only be used for the purposes and
in the manner set forth below:
(1)
Power-drawn nets or trawls used to
take
fish
for seafood from any of the salt waters of
this state in accordance with Article 4 of this chapter;
(2)
Commercial crab traps used in accordance with Article 4 of this
chapter;
(3)
Seines used in salt waters
for the
taking of
to fish
for fish or crustaceans and purse seines
used in salt waters
for the
taking of
to fish
for fish or crustaceans, which seines or
purse seines are used in accordance with Articles 3 and 4 of this
chapter;
(4)
Wire baskets, trotlines, or hoop nets used
for the
taking of
to fish
for catfish in salt water in accordance
with Article 3 of this chapter;
(5)
Traps and pots used
for
taking
to fish
for adult eels in accordance with Article
3 of this chapter;
(6)
Nets used
for
taking to
fish
for sturgeon in accordance with subsection
(d) of Code Section 27-4-91;
(7)
Set nets and drift nets used
for
taking
to fish
commercially for shad
commercially
in accordance with Article 3 of this chapter;
(8)
Gill nets used
for
taking
to fish
for shad or sturgeon in accordance with
Code Section 27-4-7
or for
taking diamondback terrapins
and
in accordance with Article 3 of this chapter;
(9)
Gigs used
for
taking
to fish
for flounder in salt water;
(10)
Commercial
cast
Cast
nets as
defined in Code Section 27-1-2 and in compliance with Code Section
27-4-13;
(11)
Beach seines used
for
taking
to fish
for seafood along public beaches in
accordance with Article 4 of this chapter for commercial purposes;
(12)
Tongs and dredges used to
take
fish
for oysters in accordance with Article 4
of this chapter;
(13)
Clam rakes, other hand-held implements, and dredges used to
take
fish
for clams in accordance with Article 4 of
this chapter for commercial purposes; and
(14)
Pole and line used to
catch
fish
for finfish for commercial
purposes."
SECTION
7.
Said
title is further amended by revising subsection (b) of Code Section 27-4-118,
relating to required records, as follows:
"(b)
Each person required to maintain records pursuant to the provisions of
subsection (a) of this Code section 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."
SECTION
8.
Said
title is further amended by repealing Code Section 27-4-119, relating to lawful
commercial shrimping devices.
SECTION
9.
Said
title is further amended by revising Code Section 27-4-132, relating to taking
of shrimp for noncommercial purposes generally, as follows:
"27-4-132.
(a)
Except as otherwise provided by law, it shall be unlawful to
take
fish
for shrimp for noncommercial purposes in
the salt waters of the State of Georgia except by means of a
recreational
bait shrimp cast net
or a
recreational,
food shrimp cast net
or by means
of,
a beach seine of a length and mesh size authorized for use in salt waters by
subsection (d) of Code Section
27-4-112, or a
ten-foot net in accordance with Code Section
27-4-170.
(b)
It shall be
unlawful to take shrimp for noncommercial food purposes in the salt waters of
the state by any cast net other than a recreational food shrimp cast net or by
means of a beach seine. Violation of the provisions of this subsection shall
constitute a misdemeanor
Reserved.
(c)
It shall be unlawful to
take
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
recreational
fishing
for food shrimp
cast
netting 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."
SECTION
10.
Said
title is further amended by revising subsection (a) of Code Section 27-4-132.1,
relating to limit on amount of shrimp taken by cast net and penalty for
violation, as follows:
"(a)(1)
No person or group of persons occupying the same boat
taking
fishing
for shrimp
for
noncommercial purposes by means of a
recreational
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
the same vessel may possess at any time more than 48 quarts of shrimp with heads
or 30 quarts of shrimp tails.
(2)
No person
or group of persons occupying the same vessel in possession of a commercial
shrimp cast netting license taking shrimp by means of a commercial cast net may
take in any day or possess at any time more than 60 quarts of shrimp with heads
or 38 quarts of shrimp tails taken by such commercial cast net or a combination
of a commercial cast net and a seine
Reserved.
(3)(A)
No group of persons occupying the same boat, one or more of whom is in
possession of a commercial
food
shrimp cast netting license and who are
taking
fishing
for shrimp by means of a
commercial
food
shrimp cast
net,
may take more than
60
150
quarts of shrimp with heads or
38
95
quarts of shrimp tails taken by such
commercial
cast net or a combination of a
commercial
cast net and a seine in any
day; provided,
however, that beginning December 1 and until the close of each food shrimp
season, possession shall be limited to 75 quarts of shrimp with heads or 48
quarts of shrimp tails in any day.
(B)
No such group of persons occupying the same vessel may possess at any time more
than
60
150
quarts of shrimp with heads or
38
95
quarts of shrimp
tails;
provided, however, that beginning December 1 and until the close of each food
shrimp season, no such group of persons occupying the same vessel may possess
at any time more than 75 quarts of shrimp with heads or 48 quarts of shrimp
tails.
(4)
No one person
taking
fishing
for shrimp solely by means of a seine,
whether such person is acting alone or in a group of persons, may take more than
24 quarts of shrimp with heads or 15 quarts of shrimp tails
taken by
such seine in any day. No such person may
possess at any time more than 24 quarts of shrimp with heads or 15 quarts of
shrimp tails.
If any person
or group of persons are in possession of a food shrimp cast net and a seine,
such person or group of persons shall be subject to the limits imposed upon
taking shrimp by food shrimp cast net.
(5)
No person or group of persons
fishing for
food shrimp for commercial purposes shall
have on board a vessel
more than
one type of cast net gear, and such person or group of persons shall be limited
to the harvest limit allowable for the type of cast net gear on
board
any cast
net other than a food shrimp cast net
any cast net
other than a food shrimp cast
net.
(6)
If any
person or group of persons are in possession of a cast net and a seine, such
person or group of persons shall be subject to the limits imposed upon taking
shrimp by cast net
Reserved.
(7)
No vessel owner shall allow the vessel to be used by any person or persons to
take more than
48 quarts
of shrimp with heads or 30 quarts of shrimp
tails
the legal
quantity allowable in any day regardless
of the number of trips made or the duration of any trip by such vessel. It
shall be unlawful for any vessel owner or operator to allow a vessel to be left
anchored and unoccupied for the purpose of receiving shrimp taken by the
occupant of any other vessel."
SECTION
11.
Said
title is further amended by revising Code Section 27-4-133, relating to lawful
nets, opening and closing waters, and identification on boats taking shrimp, as
follows:
"27-4-133.
(a)
Except as otherwise specifically provided, it shall be unlawful for any person
to use a power-drawn net in any of the salt waters of this state for commercial
shrimping for human consumption. All sounds shall be closed to such fishing,
except that the commissioner may open Cumberland, St. Simons, Sapelo, St.
Andrew, Wassaw, or Ossabaw sounds or any combination of such sounds at any time
between September 1 and December 31, provided that he or she has determined that
the shrimp in the waters of each sound to be opened are 45 or fewer shrimp with
heads on to the pound; and the commissioner shall close each sound so opened
when he or she has determined that the shrimp in the waters of the sound exceed
45 shrimp with heads on to the pound. The commissioner may open any waters
outside, on the seaward side, of the sounds between May 15 and December 31,
provided that he or she has determined that the shrimp in such outside waters
are 45 or fewer shrimp with heads on to the pound; and the commissioner shall
close the waters so opened when he or she has determined that the shrimp in such
outside waters exceed 45 shrimp with heads on to the pound. The commissioner
may open any waters outside the sounds during the months of January and
February, provided that he or she has determined that the shrimp in such outside
waters are 50 or fewer shrimp with heads on to the pound; and the commissioner
shall close such outside waters so opened when he or she has determined that the
shrimp in such outside waters exceed 50 shrimp with heads on to the pound. The
department shall conduct inspections for such shrimp count, and a determination
by the commissioner shall be conclusive as to the count. The commissioner shall
provide public notice of the opening and closing of such waters, as provided in
this Code section, by posting a notice of all openings and closings at the
courthouse and on all shrimp docks and by such other means as may appear
feasible. The notices shall be posted at least 24 hours prior to any change in
the opening and closing of any such waters, provided that such notice is
required only when waters are opened or closed by action of the
commissioner.
(a.1)(1)
It shall be unlawful to
trawl
fish
for shrimp for human consumption with any trawl or trawls having a total
foot-rope length greater than 220 feet, not including the foot-rope length of a
single trawl not greater than 16 feet when used as a try net. Foot-rope shall be
measured from brail line to brail line, first tie to last tie on the bottom
line. The provisions of this subsection shall not apply to vessels having a
maximum draft of seven feet or less when fully loaded. The department is
authorized to exempt trawls used by persons holding a valid scientific
collection permit granted by the department.
(2)
A vessel operator who violates the provisions of this subsection shall be guilty
of a misdemeanor and, upon conviction, shall be fined not less than $500.00 nor
more than $2,500.00 or imprisoned for not longer than 30 days or both, and any
trawl on board the vessel shall be contraband and may be seized.
(b)
It shall be
unlawful to use a power-drawn net in any of the salt waters of this state except
between the hours of 5:00 A.M. eastern standard time and 8:00 P.M. eastern
standard time. It shall also be unlawful to use a power-drawn net in any sound
between the hours of 8:00 P.M. eastern standard time on Saturday and 5:00 A.M.
eastern standard time on Monday
Reserved.
(c)(1)
Except as otherwise specifically provided, it shall be unlawful to fish with
nets other than cast nets in any of the tidal rivers or creeks, except to fish
for shad or sturgeon, provided that nothing contained in this Code section shall
be construed so as to prohibit any person from using a beach seine along any
public beach.
(2)
It shall be unlawful to fish for shrimp in the salt waters of the state by means
of a seine or a cast net other than a bait shrimp cast net except at such times
and places as the commissioner may establish. The commissioner is authorized to
open or close for such purpose commercial food shrimp purposes any or a portion
of the salt waters of this state at any time between May 15 and the last day of
February, provided that the commissioner has determined that such action in
opening or closing said salt waters is in accordance with current, sound
principles of wildlife research and management.
(d)
The department shall have the power to close all or any portion of the salt
waters of this state to commercial and recreational fishing in the event of a
disaster likely to cause seafood to be unfit for human consumption or in the
event of any other emergency situation.
(e)
Nothing contained in this Code section shall be construed to prohibit any person
from fishing in the salt waters of this state for shrimp to be used or sold for
live bait pursuant to Code Sections 27-4-170 and 27-4-171, provided that it
shall be unlawful to
use for
obtaining
fish
for shrimp for bait
with
any trawl equipment which has been used
for
obtaining
to fish
for shrimp pursuant to this Code
section.
(f)
In accordance with current, sound principles of wildlife research and
management, as provided by Code Section 27-4-130, the commissioner is authorized
to authorize any person to
take
fish
for crabs or whelks with power-drawn nets
of four-inch stretched mesh from any waters outside, on the seaward side, of the
sounds at any time during the year, or from the waters of Cumberland, St.
Simons, Sapelo, St. Andrew, Wassaw, and Ossabaw sounds during the months of
January, February, and March, when the commissioner has determined that
taking
of
fishing
for crabs or whelks within such waters
will not be detrimental to the conservation of crabs or shrimp. Possession of
any net with mesh smaller than that provided in this subsection while taking
crabs or whelks shall be prima-facie evidence of the violation of this Code
section.
(g)
It shall be unlawful for any person
taking
fishing
for shrimp for commercial purposes
pursuant to this Code section to fail to have positioned on the bow or cabin of
the boat taking such shrimp a board with a background color of daylight
fluorescent orange and with such numerals and letters painted or affixed thereon
as are specified by the department for the boat. The numerals and letters shall
be at least 16 inches in height, black in color, of block character, and spaced
so as to be readable from the air from left to right.
(h)
Any determination to open or close the salt waters pursuant to this Code section
shall be made in accordance with current, sound principles of wildlife research
and management."
SECTION
12.
Said
title is further amended by revising paragraph (2) of subsection (a) of Code
Section 27-4-136, relating to maintenance of records by suppliers, as
follows:
"(2)
Each person required to maintain records pursuant to paragraph (1) 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."
SECTION
13.
Said
title is further amended by repealing and reserving Code Section 27-4-139,
relating to taking of shrimp for recreational purposes, lawful nets and use of
shrimp, and penalty for violation.
SECTION
14.
Said
title is further amended by revising Code Section 27-4-140, relating to
penalties for using recreational food shrimp cast netting, as
follows:
"27-4-140.
(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
take
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 to
take shrimp from the waters of this state for commercial sale for food
purposes 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
taking
fishing
for shrimp from the waters of this state
for commercial sale for food purposes shall be guilty of a misdemeanor.
Possession of a
commercial
cast net
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."
SECTION
15.
Said
title is further amended by revising subsections (a) and (c) of Code Section
27-4-170, relating to sport bait shrimping, as follows:
"(a)
Any provision of this title to the contrary notwithstanding, any person who has
a recreational fishing license may use a power-drawn net in accordance with this
Code section, such net not to be larger than a ten-foot net
as defined
in paragraph (71.1) of Code Section 27-1-2
and to be constructed of mesh not smaller than one inch when stretched, for the
purpose of
taking
fishing
for shrimp to be used for live bait in
this state, provided that the shrimp are not to be sold. In addition to the
general provisions of this Code section, the Board of Natural Resources is
authorized to promulgate rules and regulations establishing the gear and methods
allowed for sport bait shrimping. It shall be unlawful to
engage in
the taking of
fish
for shrimp to be so used
at any time
except between the hours of one-half hour before official sunrise and one-half
hour after official sunset
at
night. It shall also be unlawful to
engage in
the taking of
fish
for shrimp pursuant to this Code section
except in those rivers or creeks or portions thereof opened to such taking. The
determination of whether to open or close a river or creek or portion thereof
shall be made by the commissioner or his or her designee in accordance with
current, sound principles of wildlife research and management as provided in
Code Section 27-4-130. No person
taking
fishing
for shrimp under this subsection shall
possess more than two quarts of bait shrimp at any time, no more than one-half
pint of which may be dead; but any such person may take a maximum of four quarts
of bait shrimp during any 24 hour period. When two or more persons
taking
fishing
for shrimp under this subsection occupy
the same boat, at least one such person must have a recreational fishing
license; and there may be no more than four quarts of bait shrimp on board the
boat at any time, no more than one pint of which may be dead; but the persons
occupying the boat may take a maximum of eight quarts of bait shrimp during any
24 hour period. Possessing or taking more than the limits prescribed in this
subsection shall be unlawful. Possessing more than these limits shall be
prima-facie evidence that the shrimp were taken for some purpose other than to
be used as live bait."
"(c)(1)
It shall be unlawful for any person
engaged in
recreational
fishing
for bait shrimp
cast
netting for
noncommercial
purposes to use any cast net other than a
recreational
bait shrimp cast net
as such
term is defined in Code Section 27-1-2 and in compliance with Code Section
27-4-13.
(2)
The salt waters of the state shall be open to
recreational
fishing
for bait shrimp
cast
netting at any time of the year; provided,
however, that
when food
shrimp season is closed, any person
taking
fishing
for shrimp under this paragraph shall
possess no more than two quarts of bait shrimp at any time, all of which may be
dead; and provided, further, that any such person may take a maximum of four
quarts of bait shrimp during any day. When two or more persons taking shrimp
under this subsection occupy the same boat, there may be no more than four
quarts of bait shrimp on board the boat at any time, all of which may be dead;
and the persons occupying the boat may together take a maximum of eight quarts
of bait shrimp during any day."
SECTION
16.
Said
title is further amended by revising paragraphs (1) and (5) of subsection (a),
subsection (l), and subsection (m) of Code Section 27-4-171, relating to bait
dealers, as follows:
"(a)(1)
It shall be unlawful for any person to
engage in
the taking of
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 license as provided in Code Section 27-2-23 or is an
employee of a licensed bait dealer and possesses a valid personal commercial
fishing license as provided in Code Section 27-2-23. No bait dealer license
shall be issued to a person holding a commercial food shrimp cast netting
license issued pursuant to Part 5 of this article. Any license issued pursuant
to this Code section shall be invalid immediately upon the holder´s
obtaining such a commercial food shrimp cast netting license. No bait dealer
license shall be issued for an individual whose establishment is located on any
dock or other facility, including platforms, walkways, and buildings, which is
one contiguous unit and where shrimp taken pursuant to Code Section 27-4-133 are
unloaded,
handled, processed,
stored,
or
sold, or
otherwise distributed or where boat docking space is provided for such
activities
for retail
purposes; provided, however, that such
prohibition shall not apply to any person who was granted a bait dealer license
for the period from April 1, 1993, through March 31, 1994, and whose bait dealer
license was not revoked and provided, further, that such exemption shall
terminate immediately if the person´s current bait dealer license is
revoked by the commissioner or if he or she is found guilty of a violation of
the provisions of this Code section."
"(5)
It shall be unlawful for any person
engaging in
the taking of
fishing
for shrimp for live bait pursuant to this
Code section to:
(A)
Use any power-drawn net which is larger than a 20 foot net
as defined
in paragraph (72.1) of Code Section 27-1-2
or constructed of mesh smaller than one inch or greater than one and
three-eighths inches when stretched;
(B)
Engage in
the taking of
Fish
for shrimp pursuant to this Code section
at any time
except between the hours of one-half hour before official sunrise and one-half
hour after official sunset
at
night. All salt waters of this state
shall be closed to
the taking
of
fishing
for shrimp pursuant to this Code section,
except those rivers or creeks or portions thereof opened to such taking. The
determination of whether to open or close a river or creek or portion thereof
shall be made by the commissioner or his or her designee in accordance with
current, sound principles of wildlife research and management as provided by
Code Section 27-4-130;
(C)
Have on board the boat used for
the
taking
fishing for
shrimp pursuant to this Code section more
than 50 quarts of shrimp at any one time, no more than 10 percent of which may
be dead;
(D)
Fail to maintain on the commercial fishing boat bait-holding facilities which
comply with the requirements set forth in subsection (b) of this Code section,
except that it shall not be necessary for the boat to meet the requirements of
paragraph (5) of subsection (b) of this Code section; or
(E)
Hold a valid commercial food shrimp cast netting license issued pursuant to Part
5 of this article or to employ any person holding such a commercial food shrimp
cast netting license."
"(l)
It shall be unlawful for any person
taking
fishing
for shrimp pursuant to this Code section
to fail to have positioned on the bow or cabin of the boat
taking
the
being used for
fishing for shrimp a board with a
background color of daylight fluorescent orange with such numerals and letters
painted or affixed thereon as are specified by the department for a particular
established bait dealership. The numerals and letters shall be at least 16
inches in height and two inches in width or thickness, black in color, of block
character, clearly legible, and spaced so as to be readable from the air from
left to right. The numerals and letters required for compliance with this
subsection shall be assigned by the department at the time the bait dealer
licenses are issued pursuant to Code Section 27-2-23.
(m)
It shall be unlawful for more than one boat to be
engaged in
the taking of
in use for
fishing for shrimp at any one time for an
established bait dealer."
SECTION
17.
Said
title is further amended by revising Code Section 27-4-205, relating to
commercial shrimping license requirement, as follows:
"27-4-205.
It
shall be unlawful for any person to
take
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."
SECTION
18.
Said
title is further amended by revising subsection (c) of Code Section 27-4-206,
relating to issuance of licenses, limits, and fees, as follows:
"(c)
If the number of licenses issued pursuant to subsection (b) 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."
SECTION
19.
All
laws and parts of laws in conflict with this Act are repealed.