Ga. Comp. R. & Regs. R. 391-2-4-.12 - Lawful Fishing Methods and Gear, Generally

(1) Purpose. The purpose of these Rules is to implement the authority of the Board of Natural Resources to promulgate rules and regulations based on sound principles of wildlife research and management, establishing the commercial and recreational methods and gear for fishing.

(2) Methods Generally. The following methods shall be lawful in saltwater except as specifically prohibited herein;

(a) It shall be unlawful to use a gig to take any fish, crustaceans, or mollusks in salt water, except that a gig may be used to take flounder in salt water.

(b) It shall be unlawful to use any seine in salt water, except that:

1. The use of a seine 12 feet in length or less, with a maximum depth of four feet and a maximum mesh size of one-inch stretched mesh in saltwater, is not prohibited;

2. The use of a seine less than 100 feet in length having a minimum net size of 11/4 inch stretched mesh on any sand beaches on any barrier island of this state is not prohibited. The use of such seines in any inlets or tidal sloughs is prohibited;

3. The use of seines greater than 100 feet and up to 300 feet in length having a minimum net size of 21/2 inches stretched mesh on the ocean-front side of beaches is not prohibited, provided that such seines may not be used in any inlets or tidal sloughs;

4. Seines over 300 feet in length are prohibited.

5. It shall be unlawful to use any seine in salt water in such a manner that it will block more than one-half of the entrance of a tidal river, creek, slough, or inlet to the ocean.

6. It shall be unlawful to use a beach seine as a gill net. A gill net is defined as a single net or webbing attached to float and lead lines and fished in a stationary manner to ensnare or entangle the fish in the meshes.

(c) It shall be unlawful to place, deposit, distribute, or scatter any bait of any kind in, on, or over any waters of this state so as to lure, attract, or entice shrimp toward such bait or to cause shrimp to congregate in the area where such bait is placed. It shall also be unlawful to fish for shrimp by any method, including the use of a cast net, in or near any waters which are baited.

(d) It shall be unlawful to fish for shrimp for commercial purposes at night.

(3) Gear for Commercial Fishing. Except as otherwise specifically authorized by law or regulation, it shall be unlawful for any person engaged in commercial saltwater 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:

(a) Power-drawn nets or trawls used to fish for seafood from any of the salt waters of this state in accordance with O.C.G.A. Title 27, chapter 4, Article 4;

(b) Commercial crab traps used in accordance with O.C.G.A. Title 27, chapter 4, Article 4;

(c) Seines used in salt waters to fish for fish or crustaceans and purse seines used in salt waters to fish for fish or crustaceans, which seines or purse seines are used in accordance herein and with O.C.G.A. Title 27, chapter 4, Articles 3, and 4;

1. It shall be unlawful for any person other than a licensed commercial saltwater fisherman to use a purse seine. It shall also be unlawful to use a purse seine in any of the salt waters of this state; provided, however, it shall be lawful to use a purse seine in the waters outside, on the seaward side, of the sounds, when such outside waters are opened in accordance with O.C.G.A. Title 27, chapter 4, Article 4. As used in this Code section, "purse seine" means a large seine, supported at the upper edge by floats and weighted at the bottom edge, which is designed to be set by one or more boats around a school of fish and so arranged that after the sides have been brought together the bottom of the net can be closed by drawing the purse line taut.

(d) Wire baskets, trotlines, or hoop nets used to fish for catfish in salt water in accordance with 391-2-4.13 ;

(e) Traps and pots used to fish for adult eels in accordance with 391-2-4-.01;

(f) Set nets and drift nets used to fish for shad in accordance with 391-2-4-.02;

(g) Gigs used to fish for flounder in saltwater;

(h) Cast nets;

(i) Seines used to fish for seafood along public beaches in accordance with this section;

(j) Tongs and dredges used to fish for oysters in accordance with O.C.G.A. Title 27, chapter 4, Article 4;

(13) Clam rakes, other hand-held implements, and dredges used to fish for clams in accordance with O.C.G.A. Title 27, chapter 4, Article 4; and

(14) Pole and line used to fish for finfish.

Notes

Ga. Comp. R. & Regs. R. 391-2-4-.12

O.C.G.A. Secs. 27-1-4, 27-4-130.

Original Rule entitled "Lawful Fishing Methods and Gear, Generally" adopted. F. Dec. 18, 2012; eff. Jan. 7, 2013.