Methods of Taking Shellfish Generally

  1. Law
  2. Georgia Code
  3. Game and Fish
  4. Fish
  5. Seafood
  6. Shellfish
  7. Methods of Taking Shellfish Generally

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  1. Unless authorized by the department, it shall be unlawful for any person to take or possess for commercial purposes any shellfish taken from the salt waters of this state except by hand or hand-held implement. The department may authorize the use of other equipment for taking shellfish for commercial purposes upon such conditions as the department determines are in accordance with current, sound principles of wildlife research and management. It shall be unlawful to take or possess shellfish taken by such other equipment unless prior written approval has been obtained from the department and unless a copy of the written permission is on the person of the authorized harvester and unless the conditions of the written authorization are being met. Such other equipment includes, but is not limited to, rock dredges, escalator dredges, hydraulic dredges, mechanical tongs, patent tongs, and any power drawn or driven device.
  2. It shall be unlawful for any person to take or possess shellfish for recreational purposes using any instrument other than by hand or hand-held implement.

(Code 1981, §27-4-192, enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 2019, p. 619, § 1/HB 501.)

The 2019 amendment, effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, inserted "by" near the end of subsection (b).

Editor's notes.

- Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes." This Act was signed by the Governor on May 6, 2019.

OPINIONS OF THE ATTORNEY GENERAL

For an update of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file identifying data, see 1991 Op. Att'y Gen. No. 91-35.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, §§ 53, 59 et seq.

C.J.S.

- 36A C.J.S., Fish, § 36.


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