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Georgia State Code
Title      27
Chapter       4  
Section Navigation     1 ... 10         11 ... 35    
    36 ... 74       74.1 ... 110   
   111 ... 130       130.1 ... 137   
   138 ... 191       192 ... 201   
   205 ... 230       231 ... 256   
   257 ... 282    283     
Section<<< 130.1 130.2 131 132 132.1 133 134 135 136 137 >>>  
Title 27, Chapter 4, Section 132.1 (27-4-132.1)

(a)(1) No person or group of persons occupying the same boat taking shrimp by means of a recreational food shrimp cast net may take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any day. No such person or group of persons occupying the same vessel may possess at any time more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails.

(2) No person or group of persons occupying the same vessel in possession of a commercial shrimp cast netting license taking shrimp by means of a commercial cast net may take in any day or possess at any time more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails taken by such commercial cast net or a combination of a commercial cast net and a seine.

(3) No group of persons occupying the same boat, one or more of whom is in possession of a commercial cast netting license and who are taking shrimp by means of a commercial cast net may take more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails taken by such commercial cast net or a combination of a commercial cast net and a seine in any day. No such group of persons occupying the same vessel may possess at any time more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails.

(4) No one person taking shrimp solely by means of a seine, whether such person is acting alone or in a group of persons, may take more than 24 quarts of shrimp with heads or 15 quarts of shrimp tails taken by such seine in any day. No such person may possess at any time more than 24 quarts of shrimp with heads or 15 quarts of shrimp tails.

(5) No person or group of persons shall have on board a vessel more than one type of cast net gear, and such person or group of persons shall be limited to the harvest limit allowable for the type of cast net gear on board.

(6) If any person or group of persons are in possession of a cast net and a seine, such person or group of persons shall be subject to the limits imposed upon taking shrimp by cast net.

(7) No vessel owner shall allow the vessel to be used by any person or persons to take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any day regardless of the number of trips made or the duration of any trip by such vessel. It shall be unlawful for any vessel owner or operator to allow a vessel to be left anchored and unoccupied for the purpose of receiving shrimp taken by the occupant of any other vessel.

(b)(1) Violation of subsection (a) of this Code section shall constitute a misdemeanor.

(2) In addition to any criminal penalties assessed, any person violating the provisions of subsection (a) of this Code section shall pay a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit.

(c) Whenever the commissioner or his or her designee has reason to believe that any person has violated subsection (a) of this Code section or any rule or regulation promulgated to implement such subsection, he or she may request and shall receive a hearing before an administrative law judge of the Office of State Administrative Hearings acting in place of the Board of Natural Resources, as provided by Code Section 50-13-41. Upon finding that such person has violated subsection (a) of this Code section, the administrative law judge shall impose a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit. The decision of the administrative law judge shall constitute a final decision in the matter, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

Tuesday December 2 12:43 CST


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