Title 27, Chapter 4, Section 133
( 27-4-133)
(a) Except as otherwise specifically provided, it shall be unlawful
for any person to use a power-drawn net in any of the salt waters of
this state for commercial shrimping for human consumption. All
sounds shall be closed to such fishing, except that the commissioner
may open Cumberland, St. Simons, Sapelo, St. Andrew, Wassaw, or
Ossabaw sounds or any combination of such sounds at any time between
September 1 and December 31, provided that he or she has determined
that the shrimp in the waters of each sound to be opened are 45 or
fewer shrimp with heads on to the pound; and the commissioner shall
close each sound so opened when he or she has determined that the
shrimp in the waters of the sound exceed 45 shrimp with heads on to
the pound. The commissioner may open any waters outside, on the
seaward side, of the sounds between May 15 and December 31, provided
that he or she has determined that the shrimp in such outside waters
are 45 or fewer shrimp with heads on to the pound; and the
commissioner shall close the waters so opened when he or she has
determined that the shrimp in such outside waters exceed 45 shrimp
with heads on to the pound. The commissioner may open any waters
outside the sounds during the months of January and February,
provided that he or she has determined that the shrimp in such
outside waters are 50 or fewer shrimp with heads on to the pound;
and the commissioner shall close such outside waters so opened when
he or she has determined that the shrimp in such outside waters
exceed 50 shrimp with heads on to the pound. The department shall
conduct inspections for such shrimp count, and a determination by
the commissioner shall be conclusive as to the count. The
commissioner shall provide public notice of the opening and closing
of such waters, as provided in this Code section, by posting a
notice of all openings and closings at the courthouse and on all
shrimp docks and by such other means as may appear feasible. The
notices shall be posted at least 24 hours prior to any change in the
opening and closing of any such waters, provided that such notice is
required only when waters are opened or closed by action of the
commissioner. (a.1)(1) It shall be unlawful to trawl for shrimp for human
consumption with any trawl or trawls having a total foot-rope
length greater than 220 feet, not including the foot-rope length
of a single trawl not greater than 16 feet when used as a try net.
Foot-rope shall be measured from brail line to brail line, first
tie to last tie on the bottom line. The department is authorized
to exempt trawls used by persons holding a valid scientific
collection permit granted by the department. (2) A vessel operator who violates the provisions of this
subsection shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than $500.00 nor more than $2,500.00 or
imprisoned for not longer than 30 days or both, and any trawl on
board the vessel shall be contraband and may be seized. (b) It shall be unlawful to use a power-drawn net in any of the salt
waters of this state except between the hours of 5:00 A.M. eastern
standard time and 8:00 P.M. eastern standard time. It shall also be
unlawful to use a power-drawn net in any sound between the hours of
8:00 P.M. eastern standard time on Saturday and 5:00 A.M. eastern
standard time on Monday. (c)(1) Except as otherwise specifically provided, it shall be
unlawful to fish with nets other than cast nets in any of the
tidal rivers or creeks, except to fish for shad or sturgeon,
provided that nothing contained in this Code section shall be
construed so as to prohibit any person from using a beach seine
along any public beach. (2) It shall be unlawful to fish for shrimp in the salt waters of
the state by means of a seine or a cast net other than a bait
shrimp cast net except at such times and places as the
commissioner may establish. The commissioner is authorized to
open or close for such purpose any or a portion of the salt waters
of this state at any time between May 15 and the last day of
February, provided that the commissioner has determined that such
action in opening or closing said salt waters is in accordance
with current, sound principles of wildlife research and
management. (d) The department shall have the power to close all or any portion
of the salt waters of this state to commercial and recreational
fishing in the event of a disaster likely to cause seafood to be
unfit for human consumption or in the event of any other emergency
situation. (e) Nothing contained in this Code section shall be construed to prohibit any person from fishing in the salt waters of this state for shrimp to be used or sold for live bait pursuant to Code Sections 27-4-170 and 27-4-171, provided that it shall be unlawful to use for obtaining shrimp for bait any trawl equipment which has been used for obtaining shrimp pursuant to this Code section. (f) In accordance with current, sound principles of wildlife research and management, as provided by Code Section 27-4-130, the commissioner is authorized to authorize any person to take crabs or whelks with power-drawn nets of four-inch stretched mesh from any waters outside, on the seaward side, of the sounds at any time during the year, or from the waters of Cumberland, St. Simons, Sapelo, St. Andrew, Wassaw, and Ossabaw sounds during the months of January, February, and March, when the commissioner has determined that taking of crabs or whelks within such waters will not be detrimental to the conservation of crabs or shrimp. Possession of any net with mesh smaller than that provided in this subsection while taking crabs or whelks shall be prima-facie evidence of the violation of this Code section. (g) It shall be unlawful for any person taking shrimp for commercial
purposes pursuant to this Code section to fail to have positioned on
the bow or cabin of the boat taking such shrimp a board with a
background color of daylight fluorescent orange and with such
numerals and letters painted or affixed thereon as are specified by
the department for the boat. The numerals and letters shall be at
least 16 inches in height, black in color, of block character, and
spaced so as to be readable from the air from left to right. (h) Any determination to open or close the salt waters pursuant to
this Code section shall be made in accordance with current, sound
principles of wildlife research and management. |