Distribution and Transplanting of Wild Oyster Shells and Culch Material by Permittee

  1. Law
  2. Georgia Code
  3. Game and Fish
  4. Fish
  5. Seafood
  6. Shellfish
  7. Distribution and Transplanting of Wild Oyster Shells and Culch Material by Permittee

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  1. It shall be unlawful for any permittee authorized pursuant to Code Section 27-4-190 to gather wild oysters for commercial purposes from intertidal water bottoms other than those leased from the state to fail to do one of the following each year:
    1. Distribute upon areas designated by the department at least 33 1/3 percent by volume of oyster shells taken by the permittee or taken under authorization by the permittee during the immediately preceding harvest season;
    2. Transplant at least such amount by volume of oysters from unapproved growing areas in accordance with the requirements of this article; or
    3. Distribute or transplant at least such amount by volume of culch material.
  2. It shall be unlawful for any permittee or permittee's authorized agent taking wild oysters from intertidal water bottoms leased from the state to fail to return culch amounts by volume as are specified in the lease agreement.
  3. Such shell deposition, oyster transplanting, or deposition of culch material shall be done under the direction or supervision of the department and shall require prior notification to the department of any such proposed action.

(Code 1981, §27-4-196, 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, deleted former subsection (a), which read: "As used in this Code section, the term:

"(1) 'Culch' includes, but is not limited to, oyster shells, clam shells, and other shellfish shells when those shells originated from Georgia salt waters; oak brush, cement-coated shingles, nongalvanized wire fencing, small gravel, and any other material approved by the department.

"(2) 'Culch material' means that material which is approved by the department and which is conducive to larval oyster attachment."; redesignated former subsections (b) through (d) as present subsections (a) through (c), respectively; in subsection (a), inserted "wild" and substituted "intertidal water bottoms" for "beds" near the middle of the introductory language and inserted the second and third occurrences of "the" in paragraph (a)(1); and substituted "taking wild oysters from intertidal water bottoms leased from the state to fail to return culch amounts by volume" for "taking oysters from beds leased from the state to fail to return to the beds the shells taken from such beds in such amounts" in 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, §§ 40, 50, 56 et seq.

C.J.S.

- 36A C.J.S., Fish, §§ 35, 38.

ALR.

- Pollution of oyster beds, 3 A.L.R. 762.


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