Ga. Comp. R. & Regs. R. 391-2-4-.09 - Commercial Fishing. Requirements for Keeping and Reporting Records
(1)
Purpose. The purpose of these Rules is to implement the authority
of the Board of Natural Resources to promulgate rules and regulations to set
standards, methods and times for submitting commercial fishing
records.
(2)
Definitions used
in this Rule.
(a) "Atlantic Coastal
Cooperative Statistics Program" means a cooperative state, regional and federal
agency initiative designed to coordinate, improve and standardize commercial
and recreational seafood harvest data collection and management for the
Atlantic coast.
(b) "Commercial
crab harvester" means anyone who is licensed or authorized by the state to fish
for crabs for commercial purposes pursuant to O.C.G.A.
27-4-150.
(c) "Commercial fishing records" means the
information on the form approved by, or provided by, the Department to seafood
dealers and commercial seafood harvesters who are required to report the
purchase, landing or harvest of seafood pursuant to this rule.
(d) "Commercial seafood harvester" means
anyone who sells or barters any portion of the catch from any fishing
trip.
(e) "Commercial shrimp
castnet harvester" means anyone who is licensed by the state to fish for shrimp
with castnet gear for commercial purposes pursuant to O.C.G.A.
27-4-205.
(f) "Department" means the Department of
Natural Resources, Coastal Resources Division.
(g) "Fishing trip" means the time during
which a person is actively engaged in fishing, or in water-based activities in
support of fishing, regardless of platform.
(h) "Marine fishery product" means seafood as
defined in O.C.G.A.
27-1-2(63).
(i) "Seafood dealer" means any person or
entity other than the final consumer who purchases, ships, consigns, transfers,
barters, accepts, maintains, or packs any marine fishery products received from
commercial seafood harvesters or marine aquaculturists for the first time and
is licensed as such pursuant to O.C.G.A.
27-4-136. Where any commercial
crab, seafood, or shrimp castnet harvester or marine aquaculturist sells,
consigns, transfers, or barters marine fishery products to anyone other than a
Georgia seafood dealer licensed pursuant to O.C.G.A.
27-4-136, such commercial crab,
seafood, or shrimp castnet harvester or marine aquaculturist is himself acting
as a seafood dealer and is subject to all requirements associated therewith
including but not limited to the reporting requirements of this Rule and the
licensing provisions of O.C.G.A.
27-4-136.
(j) "Landed" means to bring fish to shore in
this state, regardless of the jurisdiction from which they were taken or
harvested.
(3)
Persons required to report commercial fishing records.
(a) All seafood dealers, are required to
report fishing trip level records on a monthly basis directly to the Department
as specified below.
(b) All
commercial crab, seafood, and shrimp castnet harvesters shall submit fishing
trip level records to the seafood dealer at the time of transaction as
specified below. Such fishing trip level records must be recorded at the time
of the transaction on forms approved by the Department.
(4)
Methods. Monthly commercial
fishing records are to be submitted on a form supplied by the Department or on
an alternate form approved by the Department. All requests for approval of an
alternate form must be submitted to the Department in writing with a copy of
the proposed alternate form attached or included with the request. The
alternate form must provide identical information and follow the same format as
the Department form. Upon receipt of a request for approval of an alternate
form, the Department will review the form for the required information within 5
days of the receipt of the request. All persons that use an approved alternate
form shall be responsible for all costs associated with the printing and use of
such forms. Forms approved by participating Atlantic Coastal Cooperative
Statistics Program will be accepted by the Department.
(5)
Times. Seafood dealers are
required to submit written monthly commercial fishing records to the Department
by the tenth day of the subsequent month. These records may be hand delivered
or submitted via mail, or electronically. Permission to submit records
electronically must be obtained from the Department. All other commercial
seafood harvesters are required to submit fishing trip level records directly
to the seafood dealer at the time of transaction.
(6)
Commercial Fishing Record
Content.
(a) Seafood Dealer. At the
time of the transaction the seafood dealer is required to record the
information referenced below. All information must be complete and accurate.
Reporting records of subsequent sales between dealers is not required. The
information contained in the record shall include the following:
1. Trip date - date the fishing trip
started.
2. Vessel ID - Coast guard
documentation or state registration number.
3. Individual ID - Personal commercial
fishing license number
4. Trip
number - used only if there is more than one fishing trip per day
5. Species - each species landed, sold, or
discarded
6. Quantity - the amount
of each species landed, sold or discarded
7. Units of measurement - landed units
(pounds, each, bushels, etc)
8.
Disposition - food, bait, pet food, personal use
9. Ex-vessel value or price - dollar value or
price per unit of species sold
10.
County or port landed - location where product was unloaded (dock, boat
ramp)
11. State landed - state
where product was landed
12. Dealer
ID - dealer identification number
13. Unloading date - the date of landing at
the dealer
14. Market - market
category that effects the price (count size etc)
15. Grade - landing condition that affects
price (fillet, gutted)
16. Gear -
type of gear used to catch landed species
17. Quantity of gear - number of pots,
etc.
18. Days at sea - days from
the start of the fishing trip to dock in days and hours
19. Number of crew - number including
captain
20. Fishing time - total
amount of time gear was in the water
21. Area fished - specific area within water
body where fishing occurred
22.
Number of sets - total number of sets or tows per trip
(b) Commercial Crab, Seafood, or Shrimp
Castnet Harvesters. Commercial fishing records for each fishing trip made by
commercial crab, seafood, or shrimp castnet harvesters must be submitted to the
seafood dealer to whom the product was sold at the time of the transaction.
Commercial fishing records submitted to the seafood dealer by commercial crab,
seafood, or shrimp castnet harvesters must contain all of the information
specified in subparagraphs (6)(a)(1) through (6)(a)(22) above. All information
must be complete and accurate.
(7)
Penalties. Pursuant to
O.C.G.A. Sections
27-1-36 and
27-2-25, failure to comply with
the provisions of this rule may result in a civil penalty imposed by the
commissioner of up to $1000.00 and/or a suspension of or refusal to renew the
person's commercial fishing license for up to two years.
(8)
Commercial Crab Harvester License
Renewal. Any commercial crab harvester who has not submitted all harvest
records for the previous year, as required by this rule, shall be ineligible
for license renewal until such time as the required records have been submitted
and all penalties paid.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.