12 LC 40
0069
House
Bill 937
By:
Representatives Spencer of the
180th,
Atwood of the
179th,
Stephens of the
164th,
Gordon of the
162nd,
Lane of the
167th,
and others
A
BILL TO BE ENTITLED
AN ACT
To
amend Code Section 27-4-171 of the Official Code of Georgia Annotated, relating
to bait shrimp dealers, so as to increase the limit on bait shrimp that may be
transported between dealers to 200 quarts; to increase the limit for on board
shrimp; to increase the limit for land transfers of shrimp and transfers of
shrimp to vehicles with aeration equipment; to provide for uniformity; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 27-4-171 of the Official Code of Georgia Annotated, relating to bait
shrimp dealers, is amended by revising paragraph (5) of subsection (a),
subsection (j), and subsection (o) as follows:
"(5)
It shall be unlawful for any person 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 or constructed of
mesh smaller than one inch or greater than one and three-eighths inches when
stretched;
(B)
Fish for shrimp pursuant to this Code section at night. All salt waters of this
state shall be closed to 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 fishing for shrimp pursuant to this Code section
more than
50
100
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."
"(j)
It shall be unlawful to sell, unload, or otherwise dispose of shrimp taken
pursuant to this Code section at any place other than the licensed bait
dealership for which the bait was taken. This subsection shall not
prohibit:
(1)
The transfer from the boat taking such shrimp to an approved vehicle with
aeration equipment to keep shrimp alive which will unload shrimp so taken at a
licensed bait dealership so long as the amount of bait being transferred does
not exceed
50
200
quarts; or
(2)
The interstate import of bait shrimp provided that a bona fide bill of lading
accompanies such shrimp as proof that such shrimp were not taken or transported
in violation of this Code section or the laws of the jurisdiction from which the
bait shrimp originated."
"(o)
Notwithstanding subsections (i) and (j) of this Code section, it shall be lawful
for a licensed bait dealer to sell live bait shrimp taken pursuant to this Code
section to another licensed bait dealer if the department has been previously
notified of the destination of the shrimp to be sold and the time and
approximate amount of the sale and if the department has approved the equipment
for transferring such shrimp. Transportation and transfer of live bait shrimp
between bait dealers shall not exceed
the 50
quart possession limit for commercial bait trawlers as provided in subsection
(a) of this Code section
200
quarts. Except as provided for in
subsection (j) of this Code section, land transportation of quantities greater
than
eight
12
quarts of live shrimp is prohibited and shall be prima-facie evidence of a
violation of this Code section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.