Bill Text: GA HB869 | 2011-2012 | Regular Session | Introduced

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Bill Title: Natural Resources, Board of; rules and regulations; revise certain provisions

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2012-05-01 - Effective Date [HB869 Detail]

Download: Georgia-2011-HB869-Introduced.html

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12 HB 869/AP

House Bill 869 (AS PASSED HOUSE AND SENATE)

By: Representatives Lane of the 167th, Knight of the 126th, Burns of the 157th, Wilkinson of the 52nd, and Stephens of the 164th

A BILL TO BE ENTITLED
AN ACT

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to extensively revise various provisions relative to salt water fisheries management; to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to add certain provisions relating to requirements of the Salt Water Information Program; to change certain provisions relating to methods of fishing generally; to change certain provisions relating to use of gill nets; to change certain provisions relating to creel, possession, and size limits for certain fresh-water species; to change certain provisions relating to adoption of rules and regulations by the board; to authorize the repeal of certain rules or regulations; to change certain provisions relating to fishing with bow and arrow; to repeal certain provisions relating to sport shad fishing; to change certain provisions relating to the designation of trout waters; to allow for the commercial fishing of American eels, catfish in salt water, and horseshoe crabs; to repeal certain provisions relating to commercial eel fishing; to change certain provisions relating to lawful fishing devices generally; to repeal certain provisions relating to lawful methods of commercial salt-water fishing generally; to repeal certain provisions relating to lawful commercial salt-water fishing gear generally; to repeal certain provisions relating to use of purse seines; to repeal certain provisions relating to commercial catfishing; to change certain provisions relating to required records; to change certain provisions relating to factors governing decision to open or close salt waters; to repeal certain provisions relating to open seasons, creel, possession, and minimum size limits for certain finfish species; to repeal prohibition on taking or possessing Atlantic billfish; to repeal certain provisions relating to zoning of salt waters; to authorize the board to promulgate regulations relating to fishing for shrimp for noncommercial purposes; to allow for fishing for jellyfish; to repeal certain provisions relating to sport bait shrimping; to repeal certain provisions relating to bait shrimp dealers; to repeal certain provisions relating to protections for horseshoe crabs; to change certain provisions relating to master collecting and pickers' permits; to change certain provisions relating to minimum size of oysters which may be taken for commercial or noncommercial purposes; to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to establish the date of rules and regulations promulgated by the Board of Natural Resources used to establish criminal violations; to correct cross-references; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations used to establish criminal violations relative to game and fish, as follows:

"27-1-39.

Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms term 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2010 2012."

SECTION 2.

Said title is further amended by adding a new Code section to read as follows:

"27-2-20.1.

It shall be unlawful for any person required to obtain a fishing license as provided in Code Section 27-2-1 to fish in the salt waters of this state without participating in the Saltwater Information Program. Participation in such program shall require the completion of a screening questionnaire prior to obtaining a free Georgia salt water fishing endorsement and the possession of such endorsement or other evidence of participation while salt water fishing."

SECTION 3.

Said title is further amended by revising subsections (a) and (b) of Code Section 27-4-5, relating to methods of fishing generally, as follows:

"(a) It shall be unlawful to fish for game fish, except American shad, hickory shad, flathead catfish, and channel catfish, by any means other than a pole and line. Except as otherwise provided, it shall be unlawful to take any fish in the fresh waters of this state by any method other than a pole and line, sport trotlines in accordance with Code Section 27-4-32, set hooks, jugs, bow and arrow in accordance with Code Section 27-4-34, spears in accordance with Code Section 27-4-33, bow nets as provided in Code Section 27-4-35, seines in accordance with Code Section 27-4-6, by hand in accordance with Code Section 27-4-37, and as authorized in Code Section 27-4-91 with regard to commercial fresh-water fishing.

(b) Notwithstanding subsection (a) of this Code section, dip nets and cast nets may be used to take for bait threadfin shad, blueback herring, and gizzard shad for bait, and other nongame fish as authorized by the board; and landing nets may be used to land fish legally caught."

SECTION 4.

Said title is further amended by revising Code Section 27-4-7, relating to use of gill nets and seizure of illegal nets, as follows:

"27-4-7.

(a) Except as otherwise provided by law or rule and regulation, it shall be unlawful for any person to use a gill net in any of the fresh waters or salt waters of this state at any time, provided that it shall be lawful for properly licensed fishermen to use such nets in the taking of shad and sturgeon in accordance with Code Section 27-4-71, subsection (d) of Code Section 27-4-91, and all other laws and rules and regulations applicable to the taking of such fish shad. All nets violative of this Code section found in the fresh waters or salt waters of this state or in the possession of any person on or around fresh water or salt water shall be seized by conservation rangers or other peace officers of this state. Nets so seized shall be confiscated and shall become the property of the department and shall be disposed of as the commissioner shall direct.

(b) Except for sturgeon shad taken in accordance with subsection (d) of Code Section 27-4-91 27-4-71, it shall be unlawful to land in this state any of the species of fish enumerated in Code Section 27-4-130.1 27-4-10 which were taken by means of a gill net. For purposes of this subsection, 'to land' fish means to bring the fish to shore in this state in the boat or vessel utilized in taking the fish by means of a gill net, regardless of the jurisdiction from which the fish were taken."

SECTION 5.

Said title is further amended by revising subsection (a) of Code Section 27-4-10, relating to creel and possession limits and size restrictions, as follows:

"(a) It shall be unlawful to take in one day or to possess at any one time, except at a commercial storage facility or at one's place of abode, more than the creel and possession limits established by the board for that fish species; provided, however, that it shall be illegal to possess more than a total of 50 individuals of all fresh water species named in this Code section. It shall be unlawful to take from the waters of this state or to possess any fish species larger or smaller or in numbers greater than the limits established by the board in accordance with this Code section. The board shall establish creel and possession limits which shall be no greater than the following limits and shall establish sizes of fish species within the following ranges which may not be taken:

Species	Ranges of Sizes Within Which Fish May Not Be Taken	Maximum Daily Creel And Possession Limit
(1) Largemouth bass	0 — 24 inches	10
(2) Smallmouth bass	0 — 18 inches	10
(3) Shoal bass	0 — 18 inches	10
(4) Suwannee bass	0 — 18 inches	10
(5) Spotted bass or Kentucky bass	0 — 18 inches	10
(6) Redeye bass or Coosa bass	0 — 12 inches	10
(7) Mountain trout	0 — 24 inches	8
(8) White bass	0 — 36 inches	15
(9) Striped bass	0 — 36 inches	15
(10) Striped white bass hybrids	0 — 36 inches	15
(11) Any one or combination of the species of bream or sunfish	0 — 10 inches	50
(12) Walleye	0 — 24 inches	15
(13) Sauger	0 — 24 inches	15
(14) Chain pickerel	0 — 24 inches	15
(15) Grass pickerel	0 — 12 inches	15
(16) Redfin pickerel	0 — 12 inches	15
(17) Black crappie	0 — 14 inches	30
(18) White crappie	0 — 14 inches	30
(19) American shad	0 — 30 inches	8
(20) Hickory shad	0 — 24 inches	8
(21) Amberjack	0 — 50 inches	5
(22) Atlantic croaker	0 — 10 inches	25
(23) Atlantic sturgeon	0 — 86 inches	1
(24) Black drum	0 — 36 inches	15
(25) Black sea bass	0 — 15 inches	15
(26) Blue marlin		3
(27) Bluefish	0 — 20 inches	15
(28) Cobia	0 — 40 inches	5
(29) Dolphin	0 — 24 inches	15
(30) Flounder (Paralicthys spp.)	0 — 15 inches	15
(31) Gag grouper	0 — 25 inches	5
(32) King mackerel	0 — 36 inches	5
(33) Red drum	0 — 36 inches	5
(34) Red porgy	0 — 20 inches	10
(35) Red snapper	0 — 25 inches	5
(36) Sailfish		3
(37) Sand tiger shark	0 — 140 inches	1
(38) Sharks	0 — 120 inches	2
(39) Sheepshead	0 — 20 inches	15
(40) Small sharks composite (Atlantic sharpnose, bonnethead, and spiny dogfish)	0 — 54 inches	4
(41) Spanish mackerel	0 — 20 inches	20
(42) Spot	0 — 10 inches	25
(43) Spotted sea trout	0 — 25 inches	15
(44) Tarpon	0 — 90 inches	1
(45) Tripletail	0 — 25 inches	5
(46) Weakfish	0 — 15 inches	15
(47) White marlin		3"

SECTION 6.

Said title is further amended by revising Code Section 27-4-12, relating to adoption of rules and regulations by the board generally, as follows:

"27-4-12.

(a) The In accordance with current, sound principles of wildlife research and management, the board shall have the authority to adopt rules and regulations establishing seasons,; methods of fishing, and disposition; size, possession, and creel limits; and gear and landing specifications and possession and creel limits for the taking of fish from the fresh waters and salt waters of this state, except to the extent that such matters are specifically provided for by this title.

(b) Within the first ten days of a subsequent legislative session, the board shall report to the appropriate standing committees of each house and to all members whose districts are included within current boundaries of the First Congressional District the following information for the previous year:

(1) A listing and description of rules promulgated by the board for salt-water species listed in Code Section 27-4-10; and

(2) A listing and description of any findings made by the department in making a determination pursuant to Code Section 27-4-130.

(c) The General Assembly may override any rule or regulation promulgated by the board affecting salt-water finfish fisheries after January 1, 2013, by adopting a joint resolution of the General Assembly so stating, the provisions of Code Section 50-13-4 notwithstanding."

SECTION 7.

Said title is further amended in Code Section 27-4-34, relating to noncommercial fishing with bow and arrow, by adding a new subsection to read as follows:

"(e) Subject to the provisions of this Code section, and in accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations regarding the taking of any fish from the salt waters of this state by means of bow and arrow."

SECTION 8.

Said title is further amended by repealing in its entirety Code Section 27-4-35, relating to sport shad fishing, and designating said Code section as reserved.

SECTION 9.

Said title is further amended by revising Code Section 27-4-50, relating to manner of fishing and moving of trout, as follows:

"27-4-50.

(a) It shall be unlawful to fish for trout in any of the fresh waters of this state waters designated as trout waters pursuant to Code Section 27-4-51 by any means other than using one pole and line held in hand.

(b) It shall be unlawful to use live fish for bait in any waters designated as trout waters pursuant to Code Section 27-4-51, except as authorized by the board.

(c) It shall be unlawful to move trout from any of the fresh waters of this state to any other fresh waters of this state, except that authorized agents of the department may move trout as necessary for purposes of fisheries management, conservation, and restoration."

SECTION 10.

Said title is further amended by revising Code Section 27-4-71, relating to commercial shad fishing, as follows:

"27-4-71.

(a) It shall be unlawful to fish commercially for shad, American eels, catfish in salt water, or horseshoe crabs except with a valid commercial fishing license as prescribed in Code Section 27-2-23 and a valid commercial fishing boat license as prescribed in Code Section 27-2-8. In accordance with current, sound principles of wildlife research and management, the commissioner may authorize any person so licensed to fish for shad, American eels, catfish in salt water, or horseshoe crabs.

(b) It shall be unlawful to fish commercially for shad from May 1 through December 31 In accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations establishing the seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits for fishing commercially for shad, American eels, catfish in salt water, and horseshoe crabs.

(c) It shall also be unlawful to fish commercially for shad during the period of January 1 through April 30, except that it shall not be unlawful to fish commercially for shad during such period or portion thereof as has been designated by the board as an open season for such fishing, American eels, catfish in salt water, or horseshoe crabs except in compliance with the rules and regulations of the board pertaining to the seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits for fishing commercially for such species.

(d) It shall also be unlawful to fish commercially for shad except in compliance with the rules and regulations of the board pertaining to the methods, places, and days of the week for fishing commercially for shad.

(e) In accordance with subsections (c) and (d) of this Code section and as may be appropriate based on sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations establishing the seasons, days, places, and methods for fishing commercially for shad.

(f) Notwithstanding any other provision to the contrary, there shall be no possession or creel limit on shad taken pursuant to this Code section.

(g) This Code section shall apply only to American and hickory shad. Sturgeon, game fish other than American shad and hickory shad, and all species of catfish taken in shad nets must be released unharmed into the waters from which they were taken."

SECTION 11.

Said title is further amended by repealing in its entirety Code Section 27-4-72, relating to commercial eel fishing, and designating said Code section as reserved.

SECTION 12.

Said title is further amended by revising Code Section 27-4-91, relating to lawful commercial fresh-water fishing devices generally, as follows:

"27-4-91.

(a) Except as otherwise provided by law or regulation, it shall be unlawful for any person engaged in commercial fresh-water fishing in this state to use any gear other than trotlines, baskets in accordance with Code Section 27-4-92, turtle traps, or shad nets in accordance with Code Section 27-4-71, and sturgeon nets, to which have been attached a tag bearing the name, address, and commercial fishing license number of the person using any such gear.

(b) For purposes of subsection (a) of this Code section, 'trotlines' means one line which has more than 50 hooks in any combination or a combination of lines with more than 50 hooks in use by one person. The lines must be marked with visible buoys and must be attended regularly and removed after the completed fishing trip. The lines must be submerged at least three feet below the surface of the water. It shall be unlawful to keep any game fish, except flathead catfish, channel catfish, American shad, and hickory shad, taken with such lines.

(c) For purposes of subsection (a) of this Code section, turtle traps must be constructed of netting and shaped as hoop nets. The traps must also have one open muzzle or throat at least 32 inches wide with a ring ten inches in diameter made into the rear of the trap to permit fish to escape. Notwithstanding any other provision to the contrary, it shall be unlawful to use such traps in the Chattahoochee River and its impoundments lying between Georgia and Alabama. It shall also be unlawful to retain any game fish taken in such traps in any of the waters of this state.

(d) For purposes of subsection (a) of this Code section, 'sturgeon nets' means a single net or webbing of mesh of not less than six inches on the square, provided that such nets must be situated so as to allow one-third of the stream width to remain open and free for the passage of fish. Such nets may not be used except between January 15 and July 1 of each year. It shall be unlawful to retain any game fish taken in such nets."

SECTION 13.

Said title is further amended by repealing in its entirety Code Section 27-4-112, relating to lawful methods of commercial salt water fishing generally, and designating said Code section as reserved.

SECTION 14.

Said title is further amended by repealing in its entirety Code Section 27-4-113, relating to lawful commercial salt-water fishing gear generally, and designating said Code section as reserved.

SECTION 15.

Said title is further amended by repealing in its entirety Code Section 27-4-114, relating to use of purse seines, and designating said Code section as reserved.

SECTION 16.

Said title is further amended by repealing in its entirety Code Section 27-4-115, relating to commercial catfishing, and designating said Code section as reserved.

SECTION 17.

Said title is further amended by revising subsection (a) of Code Section 27-4-118, relating to required commercial fishing records, as follows:

"(a) Except for the taking of shellfish, it It shall be unlawful for any person engaged in commercial fishing or in the taking landing of seafood in the salt waters of this state to fail to maintain at all times a record book showing the amount of fish, prawn, shrimp, and other seafood caught landed daily per trip; the name and address of the person or persons to whom sold; the date of sale and the time and place of delivery; and such other information as may be required by the department."

SECTION 18.

Said title is further amended by repealing in its entirety Code Section 27-4-130, relating to factors governing decisions to open or close salt waters and public notice of opening or closing of waters, and enacting a new Code Section 27-4-130 to read as follows:

"27-4-130.

(a) The commissioner shall have the power to close all or any portion of the salt waters of this state to commercial and noncommercial fishing by species for a period not to exceed six months within a calendar year. Any determination to close the salt waters pursuant to this subsection or to reopen such waters shall be made in accordance with current, sound principles of wildlife research and management.

(b) Nothing in this Code section shall prohibit a person from landing in this state any fish or seafood taken in federal waters pursuant to a valid commercial federal permit.

(c) For the purposes of enforcing this article, the department is authorized to zone the salt waters of this state.

(d) Public notice of the opening or closing of salt waters as provided in this article shall be given by posting a notice of such opening or closing at the courthouse in each coastal county and by such other means as may appear feasible to inform interested persons of the opening or closing. Such notices shall be posted at least 24 hours prior to any enforcement action taken pursuant to this Code section.

(e) In accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations to prohibit the sale of any or all seafood in this state."

SECTION 19.

Said title is further amended by repealing in their entirety Code Sections 27-4-130.1 and 27-4-130.2, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species and prohibitions and exceptions relative to taking or possessing Atlantic billfish, respectively.

SECTION 20.

Said title is further amended by repealing in its entirety Code Section 27-4-131, relating to zoning of salt waters, and designating said Code section as reserved.

SECTION 21.

Said title is further amended by revising subsection (a) of Code Section 27-4-132, relating to fishing for shrimp for noncommercial purposes generally, as follows:

"(a) In accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations establishing the seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits for noncommercial fishing for shrimp. Except as otherwise provided by law, it shall be unlawful to fish for shrimp for noncommercial purposes in the salt waters of the State of Georgia except by means of a bait shrimp cast net, food shrimp cast net, a beach seine of a length and mesh size authorized for use in salt waters by subsection (d) of Code Section 27-4-112, or a ten-foot net in accordance with Code Section 27-4-170 established by the board. The determination of whether to open or close a river or creek or a portion thereof for fishing for shrimp shall be made by the commissioner in accordance with current, sound principles of wildlife research and management."

SECTION 22.

Said title is further amended by revising subsections (c), (e), and (f) of Code Section 27-4-133, relating to lawful nets, opening and closing waters, and identification on boats fishing for shrimp, as follows:

"(c) 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."

"(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 Section 27-4-171, provided that it shall be unlawful to fish for shrimp for bait with any trawl equipment which has been used to fish for 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 may authorize any person to fish for crabs, jellyfish, 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 fishing for crabs, jellyfish, or whelks within such waters will not be detrimental to the conservation of crabs, jellyfish, whelks, or shrimp. Possession of any net with mesh smaller than that provided in this subsection while taking crabs, jellyfish, or whelks shall be prima-facie evidence of the violation of this Code section."

SECTION 23.

Said title is further amended by revising subsection (a) of Code Section 27-4-137, relating to condemnation proceedings for violations, as follows:

"(a) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of Code Section 27-4-133, 27-4-170, or 27-4-171 is declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer, who shall impound it in the name of the district attorney whose circuit includes the county in which a seizure is made. The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any such equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of the equipment. A copy of the petition shall be served upon the owner or lessee of the equipment, if known, and upon the person having custody or possession of the equipment at the time of the confiscation or seizure. If the owner, lessee, or person having custody or possession of the equipment at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the equipment resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such equipment was used in violation of the Code sections heretofore cited in this subsection, the equipment shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied:

(1) To the payment of proper costs and expenses, including expenses incurred in the seizure;

(2) To the payment of the costs of the court and its officers;

(3) To the payment of any costs incurred in the storage, advertisement, maintenance, or care of such property; and

(4) If any money remains, to the general funds of the county."

SECTION 24.

Said title is further amended by repealing in its entirety Code Section 27-4-170, relating to sport bait shrimping, and designating said Code section as reserved.

SECTION 25.

Said title is further amended by repealing in its entirety Code Section 27-4-171, relating to bait shrimp dealers, and enacting a new Code Section 27-4-171 to read as follows:

"24-7-171.

(a)(1) It shall be unlawful for any person to fish for shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless the person has a bait dealer license and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23 or is an employee of a licensed bait dealer and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23; provided, however, that no cashier employed by a licensed bait dealer and not actively involved in the harvest of bait shrimp shall be required to obtain a commercial fishing license under this Code section. No bait dealer license shall be issued to a person holding a commercial food shrimp cast netting license issued pursuant to Part 5 of this article. Any license issued pursuant to this Code section shall be invalid immediately upon the holder's obtaining such a commercial food shrimp cast netting license. No bait dealer license shall be issued for an individual whose establishment is located on any dock or other facility, including platforms, walkways, and buildings, which is one contiguous unit and where shrimp taken pursuant to Code Section 27-4-133 are processed, stored, or sold for retail purposes.

(2) In addition to complying with subsection (b) of this Code section, any applicant for a bait dealer license must first file with the commissioner a forfeiture bond in the form prescribed by the department, executed by a bonding, surety, or insurance company licensed to do business in this state, in favor of the state in the amount of $2,000.00, conditioned upon the faithful compliance by the person and all his or her employees with all the laws and regulations relating to the taking, possession, and sale of bait shrimp, provided that a cash forfeiture bond in like amount may be substituted in lieu of the commercial bond provided for in this Code section. The term of the bond shall be one year and shall correspond to the period of the bait dealer license, which shall be from April 1 to March 31. The bond shall be in addition to the commercial fishing boat license, where applicable, required by Code Section 27-2-8 and in addition to the personal commercial fishing license required by this Code section. Notation of execution of the bond shall be stamped or endorsed on the applicant's bait dealer license.

(3) Trawler licenses for bait shrimp trawling shall not be issued to any person who does not possess a valid bait dealer license unless such person is an employee of a licensed bait dealer.

(4) In addition to the general provisions of this Code section and in accordance with current, sound principles of wildlife research and management, the board is authorized to promulgate rules and regulations establishing the seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits for commercial bait shrimping.

(5) It shall be unlawful for any person fishing for shrimp for live bait pursuant to this Code section to:

(A) Hold a valid commercial food shrimp cast netting license issued pursuant to Part 5 of this article or to employ any person holding such a commercial food shrimp cast netting license;

(B) Fish for shrimp pursuant to this Code section in closed waters. All salt waters of this state shall be closed to fishing for shrimp pursuant to this Code section, except those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner in accordance with current, sound principles of wildlife research and management; and

(C) Fail to maintain on the commercial fishing boat bait-holding facilities which comply with the requirements set forth by the board.

(b) It shall be unlawful for any person to sell or otherwise dispose of, for human consumption, any shrimp caught pursuant to this Code section or to possess such shrimp for the purpose of sale or other distribution for human consumption or personally to consume such shrimp. Possession of shrimp with heads off shall be prima-facie evidence that the shrimp are to be sold for human consumption or are personally to be consumed. Possession of more than 20 quarts of unlabeled, unpackaged, or unfrozen heads-on shrimp shall be prima-facie evidence that such shrimp are to be used for human consumption or are personally to be consumed.

(c) This Code section shall not prohibit the interstate import of bait shrimp provided that a bona fide bill of lading accompanies such shrimp as proof that such shrimp were not taken or transported in violation of this Code section or the laws of the jurisdiction from which the bait shrimp originated.

(d) It shall be unlawful for any person fishing for shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat being used for fishing for shrimp a board with a background color of daylight fluorescent orange with such numerals and letters painted or affixed thereon as are specified by the department for a particular established bait dealership. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time a bait dealer license is issued pursuant to Code Section 27-2-23.

(e) The department shall inspect the bait dealer facilities within 30 days from the time application for license is received to ensure the facilities comply with the requirements of this Code section and Code Section 48-8-59 before issuing a bait dealer license."

SECTION 26.

Said title is further amended by repealing in its entirety Code Section 27-4-172, relating to protections for horseshoe crabs, catch limits, and exceptions, and designating said Code section as reserved.

SECTION 27.

Said title is further amended by revising subsection (a) of Code Section 27-4-190, relating to master collecting and picker's permits for shellfish, hours for taking shellfish, and recreational harvesting, as follows:

"(a)(1) It shall be unlawful to take or possess shellfish in commercial quantities or for commercial purposes without first having obtained a master collecting permit or without proof of purchase that such shellfish were purchased from a certified shellfish dealer. Master collecting permits shall specify whether the permittee is authorized to take oysters, clams, or other shellfish and shall only be issued to persons certified by the Department of Agriculture to handle shellfish unless permission to take and possess shellfish for mariculture purposes has been granted by the department as described in subsection (d) of Code Section 27-4-197. Such permits shall be provided annually at no cost by the department but shall only be issued to persons with the right to harvest shellfish pursuant to Code Sections 44-8-6 through 44-8-8 or to holders of leases from such persons. A permittee may request authorization from the department for employees or agents, who shall be referred to as pickers, of such permittee to take shellfish from permitted areas. Such request shall be in writing to the department and shall include the name, address, and personal commercial fishing license number of the picker. It shall be unlawful for pickers to take or possess shellfish as authorized under their employer's master collecting permit unless they carry on their person while taking or in possession of shellfish a picker's permit as provided by the department indicating the exact area and circumstances allowed for taking. Such pickers' permits and charts shall be provided annually by the department at no cost and shall be in a form as prescribed by the department. Pickers must possess a valid personal commercial fishing license as provided for in Code Section 27-4-110 and, when a boat is used, a valid commercial fishing boat license as provided in Code Section 27-2-8. Master collecting permits and pickers' permits shall not be issued to persons who have been convicted three times in the two years immediately preceding the filing of an application for a permit of violations of this Code section, subsection (b) of Code Section 27-4-193, subsections (a) and (b) of Code Section 27-4-195, or Code Section 27-4-199. Master collecting permits and pickers' permits issued to master collecting permittees' agents shall be surrendered to the department upon termination of Department of Agriculture certification for handling shellfish, upon termination of right to harvest shellfish, or upon violation of any provision of this title. If a picker is removed from authorization to take shellfish by the master collecting permittee, that picker shall immediately surrender to the department his picker's permit. It shall be unlawful to possess unauthorized pickers' permits or pickers' permits issued to another person.

(2) All commercially licensed vessels engaged in commercial shellfish harvest or transport, whether with shellfish on board or not, shall have a portable marine toilet on board, as the term is defined in Code Section 52-7-3."

SECTION 28.

Said title is further amended by revising subsection (a) of Code Section 27-4-194, relating to minimum size of oysters which may be taken for commercial or noncommercial purposes, as follows:

"(a)(1) It shall be unlawful to take any oysters for noncommercial purposes when the shells of the oysters measure less than three inches from hinge to mouth, except that oysters less than three inches from hinge to mouth may be removed if attached to an oyster of that minimum size and the oyster so attached cannot be removed without destroying the three-inch oyster.

(2) It shall be unlawful to take any oysters for commercial purposes when the shells of the oysters measure less than two inches from hinge to mouth, except that oysters less than two inches from hinge to mouth may be removed if attached to an oyster of that minimum size and the oyster to which it is so attached cannot be removed without destroying the two-inch oyster.

(3) It shall also be unlawful for any person engaged in shucking or canning oysters for market to shuck, can, purchase, or have in possession any quantity of oysters containing more than 5 percent of oysters of prohibited size as defined in this Code section. Smaller oysters may be taken incidentally with such minimum-size oysters when they are directly attached to the minimum-size oysters. Oysters of prohibited size as defined in this Code section may be taken or possessed if prior written approval has been obtained from the department and such approval is on the person of the harvester or person in possession of the oyster."

SECTION 29.

Chapter 7 of Title 52, relating to registration, operation, and sale of watercraft, is amended by revising Code Section 52-7-26, relating to the penalty for violations relative to registration, operation, and sale of watercraft generally, as follows:

"52-7-26.

Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012."

SECTION 30.

Said chapter is further amended in Code Section 52-7-51, relating to the penalty for violations relative to the display of watercraft information, by revising subsection (a) as follows:

"(a) Any person who violates this article or any rules and regulations issued hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this article, the term 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2012."

SECTION 31.

Sections 1, 29, and 30 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on January 1, 2013.

SECTION 32.

All laws and parts of laws in conflict with this Act are repealed.