(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." |