brailediver
Senior Member
Read first, then form an opinion-
http://www.coastalgadnr.org/sites/u...twaterFisheryManagementImprovementAct2012.pdf
Background:
Title 27 of the Official Code of Georgia, Annotated (O.C.G.A) establishes the legal basis for
management of marine fish and invertebrate species in Georgia’s coastal waters and territorial Atlantic
Ocean. Annually, commercial and recreational saltwater fishing in Georgia produce an estimated $500
million of economic activity. Thus, it is imperative that the species and habitats that serve as the
foundation for these fisheries be managed in such a manner as to ensure sustainability and productivity
for present and future generations.
Through O.C.G.A. Title 27, three entities - the General Assembly, the Board of Natural Resources
(Board) and the Commissioner of Natural Resources (Commissioner) – have responsibility and authority
for saltwater fishery management. For some species, the General Assembly has retained sole authority for
management while, in the case of other species, two or all three of the aforementioned entities project
some aspect of governance.
This division of authority amongst three entities often makes it difficult for the Department of Natural
Resources (Department) to implement science-based management measures in a timely and effective
manner. This is particularly problematic when the State of Georgia needs to implement such measures in
support of interstate and/or federal fishery management.
For example, if changes in the harvest regulations for red drum, the state saltwater fish, which is
managed through an interstate fishery plan, were necessary, it could require action by both the General
Assembly (size limits) and the Board (possession limits). To address this problem, it is the
recommendation of the Department that the Board be given broader authority to set harvest regulations
for the species of saltwater fish and invertebrates commonly targeted by commercial and recreational
fishermen.
In another example, the U.S. Department of Commerce through the National Oceanic and
Atmospheric Administration (NOAA), may close fishing for a species such as black sea bass in the
federal waters of the Atlantic Ocean (3 to 200 miles offshore) with very short notice (2 weeks to 30 days)
in order to prevent overharvest. Currently, there is no mechanism for the Department to close fishing for
black sea bass in state waters with such short notice. It is the recommendation of the Department that the
Commissioner be given the authority to close state waters to fishing for designated species of saltwater
fish for a period not to exceed six months. If a longer closure is needed, the matter would require the
action of the Board with the corresponding public involvement required through the Administrative
Procedures Act.
The 2006 reauthorization of the Magnuson-Stevens Act by Congress requires NOAA to maintain a
National Saltwater Angler Registry (hereafter referred to as Registry) to improve collection of saltwater
recreational fishing throughout the United States. Federal law requires anglers fishing in federal waters of
the Atlantic Ocean (3 to 200 miles offshore) and/or fishing for federally-managed anadromous fish in
state tidal waters to sign up with the Registry at an annual fee of $15. States that license anglers who fish
in saltwater are eligible for exempt status under the Registry provided the state submits the names and
contact information of state-licensed saltwater anglers to NOAA each year. This means any angler who
has a valid license from that state is not required to purchase the aforementioned $15 annual federal
permit. The State of Georgia does require anglers fishing in saltwater to have a general fishing license but
not a saltwater fishing license. The State of Georgia needs a method to document which licensed anglers
are fishing in saltwater so that their names and contact information can be provided to NOAA so the State
of Georgia will be eligible for exempt status.
In many areas of O.C.G.A. Title 27, there is archaic language that confuses the regulated community,
reduces the effectiveness of fishery management, and impedes conservation enforcement. This language
has remained in statute beyond its relevance and, thus, should be removed.
The proposed changes to O.C.G.A Title 27 within the Saltwater Fishery Management Improvement
Act of 2012 address these aforementioned issues in an effort to improve the governance structure for
saltwater fishery management while assuring accountability to the executive branch, the General
Assembly, and, most importantly, to the regulated community. The proposed changes have been vetted
through the Department’s Marine Fisheries Advisory Council, an 18-person group whose membership
represents all sectors of the commercial and recreational saltwater fishing community.
Proposed changes to O.C.G.A. Title 27
Saltwater Fishery Management Improvement Act of 2012 P a g e | 2
Sec. 1. Update 27-1-39 to ensure Rules and Regulations related to Title 27 (Game and Fish)
approved by the Board of Natural Resources during 2010 and 2011 have full effect of law
Sec. 2. Establish 27-2-20.1 to create the Saltwater Information Program requirement
• The Saltwater Information Program (SIP) will be modeled after the migratory bird
Harvest Information Program (HIP) for the purpose of improving information on
saltwater fishing effort, catch, and discards.
• Anglers fishing in saltwater in Georgia will be required to have a no-cost SIP
endorsement with their fishing license. This endorsement will be available from the same
sources as fishing and hunting licenses. Licensed Georgia anglers will be exempt from
the requirements of the National Saltwater Angler Registry.
Sec. 3 Modify 27-4-5 to allow the Board of Natural Resources to determine which nongame fish
may be caught with a cast net for bait.
• Currently, only threadfin shad, blueback herring, and gizzard shad can be taken for bait
from the freshwaters of the state with a cast net. This change will allow the Board to
determine which non-game fish species may be taken with a cast net.
Sec. 4 Modify 27-4-7 to remove reference to sturgeon or sturgeon nets found in 27-4-91.
• Shortnose and Atlantic sturgeon are protected from harvest by state and federal law and
are likely to remain so for the foreseeable future. The proposed change would remove the
statutory language allowing the use of gill nets to harvest sturgeon. The Board will be
able to establish gear and fishing methods in the event the sturgeon populations recover
to fishable levels.
Sec. 5 Modify 27-4-10 to include saltwater species currently listed in 27-4-130.1 and 27-4-130.2.
• Proposed change eliminates 27-4-130.1 and 27-4-130.2 by combining 27 saltwater
species or species groups with the list of freshwater fish species currently managed by the
Board of Natural Resources within broad parameters established in law.
Sec. 6 Modify 27-4-12 to authorize the Board to set seasons, methods of taking, methods of
disposition, gear, sizes, possession and creel limits and landing specifications for the
taking of fish in Rule 391-2-4, Saltwater Fishing Regulations, except as provided in law
Sec. 7 Modify 27-4-34 to authorize the Board to promulgate rules regarding the use of bow and
arrow when fishing for nongame fish in the salt waters of the State of Georgia.
Sec. 8 Delete 27-4-35 as relates to recreational fishing for shad (management to be specified by
Board through Rule 391-2-4, Saltwater Fishing Regulations pursuant to 27-4-10)
Sec. 9 Modify 27-4-50 to allow the Board to promulgate rules regarding the use of live fish for
bait in certain trout waters and to allow for the use of more than one pole and line when
fishing for trout in impoundments
• Proposed change allows the Board to authorize the use of live fish for bait in certain trout
waters such as the Chattahoochee River below Morgan Falls Dam where a significant
striped bass fishery has been established.
Proposed changes to O.C.G.A. Title 27
Saltwater Fishery Management Improvement Act of 2012 P a g e | 3
• Proposed change allows anglers targeting trout and other fish in impoundments such as
Lake Burton and Lake Seed, which are not designated trout waters, to use more than one
pole while fishing for trout.
• Although these are not actions directed related to saltwater fishery management, the
Department’s Wildlife Resources Division, Freshwater Fisheries Management Section
desires to have these changes made. Therefore, it is the recommendation of the
Department to include these changes in this legislative initiative for the sake of simplicity
and efficiency.
Sec. 10 Delete present content of 27-4-71 relating to shad fishing and replace with content that
specifies license requirements for commercial fishing for shad, American eel, catfish in
saltwater, and horseshoe crab and authorizes the Board to set management measures
through Rule 391-2-4, Saltwater Fishing Regulations.
Sec. 11 Delete 27-4-72 as relates to commercial fishing for American eel (license requirements
specified in 27-4-71 and management to be specified by Board through Rule 391-2-4,
Saltwater Fishing Regulations)
Sec. 12 Modify 27-4-91 to delete language related to sturgeon nets and specifications thereof.
Sec. 13 Delete 27-4-112, 27-4-113 (Sec. 14), and 27-4-114 (Sec. 15) relating to lawful methods,
gear, and purse seines, in saltwater, and move to Rule 391-2-4, Saltwater Fishing
Regulations
• Proposed changes allow the Board to define the fishing gear and methods that can be
used when commercial and recreational fishing in saltwater.
Sec. 16 Delete 27-4-115 relating to commercial fishing for catfish (license requirements
specified in 27-4-71 and management to be specified by Board through Rule 391-2-4,
Saltwater Fishing Regulations).
Sec. 17 Modify 27-4-118 to add language specifying that seafood landed in the state must be
reported to the Department.
Sec. 18 Modify 27-4-130 to delete the factors used when opening or closing salt waters to
fishing, to authorize the Department to zone salt waters, to authorize the Board to allow
sale of saltwater fish, and to provide the Commissioner with authority to prohibit the
harvest of managed species for a period not to exceed six months
• Department recommendations to the Board and Commissioner have always been based
on current, sound principals of wildlife research and management, which are inclusive of
the factors defined in O.C.G.A. 27-4-130. Therefore, these factors, created in the 1970s to
specifically manage shrimp and blue crab, are redundant and need not be specified in
statute.
• Proposed change authorizes the Commissioner to prohibit the harvest of species listed
under revised O.C.G.A. 27-4-10 for conservation reasons such as abnormal weather or
federal fishery quota closures. If longer harvest prohibitions are necessary, the Board will
be required to take appropriate action.
Proposed changes to O.C.G.A. Title 27
Saltwater Fishery Management Improvement Act of 2012 P a g e | 4
Sec. 19 Delete 27-4-130.1 and 27-4-130.2 (Sec. 20) and move content to 27-4-10 so the Board
will be authorized to set size, creel, and possession limits in Rule 391-2-4, Saltwater
Fishing Regulations within parameters specified in law.
Sec. 21 Delete 27-4-131 - language now included in the revised 27-4-130.
Sec. 22 Modify 27-4-132 to authorize the Board to manage fishing for shrimp for
noncommercial purposes in Rule 391-2-4, Saltwater Fishing Regulations and to
authorize the Department to determine whether to open or close tidal waters to fishing for
shrimp for noncommercial purposes.
Sec. 23 Modify 27-4-133 to include jellyfish.
• For the past decade, cannonball jellyfish have been harvested by the shrimp trawler fleet
through an experimental fishing permit issued by the Department. Over that period, the
fishery has grown to the third largest in volume of harvest, behind shrimp and blue crab,
and, thus, should be regulated as a viable, ongoing component of Georgia’s commercial
saltwater fishery.
Sec. 24 Delete 27-4-170 – sport bait shrimping is now addressed in the revised 27-4-132
Sec. 25 Modify 27-4-171 to move management of commercial bait shrimp fishing to Rule 391-2-
4, Saltwater Fishing Regulations
• Proposed change authorizes the Board to manage commercial bait shrimp possession
limits, facility requirements, and methods of fishing. License, bond, signage, and dead
shrimp possession limit requirements remain in statute.
Sec. 26 Delete 27-4-172 relating to fishing for horseshoe crab (license requirements specified in
27-4-71 and management to be specified by Board through Rule 391-2-4, Saltwater
Fishing Regulations).
Sec. 27 Modify 27-4-190 and 27-4-194 (Sec. 28) to require portable marine toilets on
commercial shellfish harvester vessels and to reduce the minimum size for commerciallyharvested
oysters
• The portable marine toilet requirement fulfills requirements of the Model Ordinance of
the National Shellfish Sanitation Program (NSSP) will help ensure continued certification
of Georgia’s commercial shellfish fishery. The Department will use funds from the
Georgia Coastal Management Program to provide approved portable marine toilets to
shellfish harvesters.
• Proposed change in minimum size for commercially harvested oysters from 3 inches to 2
inches allows commercial shellfish harvesters to take advantage of the market for smaller
oysters.
Sec. 29 Update 52-7-26 to and 52-7-5 (Sec. 30) ensure recent Rules & Regulations related to
Title 52 (Watercraft) approved by the Board of Natural Resources during 2010 and 2011
have full effect of law.
For more information contact Spud Woodward, Coastal Resources Division Director
(spud.woodward@gadnr.org) or Doug Haymans, Coastal Resources Division Policy Coordinator,
http://www.coastalgadnr.org/sites/u...twaterFisheryManagementImprovementAct2012.pdf
Background:
Title 27 of the Official Code of Georgia, Annotated (O.C.G.A) establishes the legal basis for
management of marine fish and invertebrate species in Georgia’s coastal waters and territorial Atlantic
Ocean. Annually, commercial and recreational saltwater fishing in Georgia produce an estimated $500
million of economic activity. Thus, it is imperative that the species and habitats that serve as the
foundation for these fisheries be managed in such a manner as to ensure sustainability and productivity
for present and future generations.
Through O.C.G.A. Title 27, three entities - the General Assembly, the Board of Natural Resources
(Board) and the Commissioner of Natural Resources (Commissioner) – have responsibility and authority
for saltwater fishery management. For some species, the General Assembly has retained sole authority for
management while, in the case of other species, two or all three of the aforementioned entities project
some aspect of governance.
This division of authority amongst three entities often makes it difficult for the Department of Natural
Resources (Department) to implement science-based management measures in a timely and effective
manner. This is particularly problematic when the State of Georgia needs to implement such measures in
support of interstate and/or federal fishery management.
For example, if changes in the harvest regulations for red drum, the state saltwater fish, which is
managed through an interstate fishery plan, were necessary, it could require action by both the General
Assembly (size limits) and the Board (possession limits). To address this problem, it is the
recommendation of the Department that the Board be given broader authority to set harvest regulations
for the species of saltwater fish and invertebrates commonly targeted by commercial and recreational
fishermen.
In another example, the U.S. Department of Commerce through the National Oceanic and
Atmospheric Administration (NOAA), may close fishing for a species such as black sea bass in the
federal waters of the Atlantic Ocean (3 to 200 miles offshore) with very short notice (2 weeks to 30 days)
in order to prevent overharvest. Currently, there is no mechanism for the Department to close fishing for
black sea bass in state waters with such short notice. It is the recommendation of the Department that the
Commissioner be given the authority to close state waters to fishing for designated species of saltwater
fish for a period not to exceed six months. If a longer closure is needed, the matter would require the
action of the Board with the corresponding public involvement required through the Administrative
Procedures Act.
The 2006 reauthorization of the Magnuson-Stevens Act by Congress requires NOAA to maintain a
National Saltwater Angler Registry (hereafter referred to as Registry) to improve collection of saltwater
recreational fishing throughout the United States. Federal law requires anglers fishing in federal waters of
the Atlantic Ocean (3 to 200 miles offshore) and/or fishing for federally-managed anadromous fish in
state tidal waters to sign up with the Registry at an annual fee of $15. States that license anglers who fish
in saltwater are eligible for exempt status under the Registry provided the state submits the names and
contact information of state-licensed saltwater anglers to NOAA each year. This means any angler who
has a valid license from that state is not required to purchase the aforementioned $15 annual federal
permit. The State of Georgia does require anglers fishing in saltwater to have a general fishing license but
not a saltwater fishing license. The State of Georgia needs a method to document which licensed anglers
are fishing in saltwater so that their names and contact information can be provided to NOAA so the State
of Georgia will be eligible for exempt status.
In many areas of O.C.G.A. Title 27, there is archaic language that confuses the regulated community,
reduces the effectiveness of fishery management, and impedes conservation enforcement. This language
has remained in statute beyond its relevance and, thus, should be removed.
The proposed changes to O.C.G.A Title 27 within the Saltwater Fishery Management Improvement
Act of 2012 address these aforementioned issues in an effort to improve the governance structure for
saltwater fishery management while assuring accountability to the executive branch, the General
Assembly, and, most importantly, to the regulated community. The proposed changes have been vetted
through the Department’s Marine Fisheries Advisory Council, an 18-person group whose membership
represents all sectors of the commercial and recreational saltwater fishing community.
Proposed changes to O.C.G.A. Title 27
Saltwater Fishery Management Improvement Act of 2012 P a g e | 2
Sec. 1. Update 27-1-39 to ensure Rules and Regulations related to Title 27 (Game and Fish)
approved by the Board of Natural Resources during 2010 and 2011 have full effect of law
Sec. 2. Establish 27-2-20.1 to create the Saltwater Information Program requirement
• The Saltwater Information Program (SIP) will be modeled after the migratory bird
Harvest Information Program (HIP) for the purpose of improving information on
saltwater fishing effort, catch, and discards.
• Anglers fishing in saltwater in Georgia will be required to have a no-cost SIP
endorsement with their fishing license. This endorsement will be available from the same
sources as fishing and hunting licenses. Licensed Georgia anglers will be exempt from
the requirements of the National Saltwater Angler Registry.
Sec. 3 Modify 27-4-5 to allow the Board of Natural Resources to determine which nongame fish
may be caught with a cast net for bait.
• Currently, only threadfin shad, blueback herring, and gizzard shad can be taken for bait
from the freshwaters of the state with a cast net. This change will allow the Board to
determine which non-game fish species may be taken with a cast net.
Sec. 4 Modify 27-4-7 to remove reference to sturgeon or sturgeon nets found in 27-4-91.
• Shortnose and Atlantic sturgeon are protected from harvest by state and federal law and
are likely to remain so for the foreseeable future. The proposed change would remove the
statutory language allowing the use of gill nets to harvest sturgeon. The Board will be
able to establish gear and fishing methods in the event the sturgeon populations recover
to fishable levels.
Sec. 5 Modify 27-4-10 to include saltwater species currently listed in 27-4-130.1 and 27-4-130.2.
• Proposed change eliminates 27-4-130.1 and 27-4-130.2 by combining 27 saltwater
species or species groups with the list of freshwater fish species currently managed by the
Board of Natural Resources within broad parameters established in law.
Sec. 6 Modify 27-4-12 to authorize the Board to set seasons, methods of taking, methods of
disposition, gear, sizes, possession and creel limits and landing specifications for the
taking of fish in Rule 391-2-4, Saltwater Fishing Regulations, except as provided in law
Sec. 7 Modify 27-4-34 to authorize the Board to promulgate rules regarding the use of bow and
arrow when fishing for nongame fish in the salt waters of the State of Georgia.
Sec. 8 Delete 27-4-35 as relates to recreational fishing for shad (management to be specified by
Board through Rule 391-2-4, Saltwater Fishing Regulations pursuant to 27-4-10)
Sec. 9 Modify 27-4-50 to allow the Board to promulgate rules regarding the use of live fish for
bait in certain trout waters and to allow for the use of more than one pole and line when
fishing for trout in impoundments
• Proposed change allows the Board to authorize the use of live fish for bait in certain trout
waters such as the Chattahoochee River below Morgan Falls Dam where a significant
striped bass fishery has been established.
Proposed changes to O.C.G.A. Title 27
Saltwater Fishery Management Improvement Act of 2012 P a g e | 3
• Proposed change allows anglers targeting trout and other fish in impoundments such as
Lake Burton and Lake Seed, which are not designated trout waters, to use more than one
pole while fishing for trout.
• Although these are not actions directed related to saltwater fishery management, the
Department’s Wildlife Resources Division, Freshwater Fisheries Management Section
desires to have these changes made. Therefore, it is the recommendation of the
Department to include these changes in this legislative initiative for the sake of simplicity
and efficiency.
Sec. 10 Delete present content of 27-4-71 relating to shad fishing and replace with content that
specifies license requirements for commercial fishing for shad, American eel, catfish in
saltwater, and horseshoe crab and authorizes the Board to set management measures
through Rule 391-2-4, Saltwater Fishing Regulations.
Sec. 11 Delete 27-4-72 as relates to commercial fishing for American eel (license requirements
specified in 27-4-71 and management to be specified by Board through Rule 391-2-4,
Saltwater Fishing Regulations)
Sec. 12 Modify 27-4-91 to delete language related to sturgeon nets and specifications thereof.
Sec. 13 Delete 27-4-112, 27-4-113 (Sec. 14), and 27-4-114 (Sec. 15) relating to lawful methods,
gear, and purse seines, in saltwater, and move to Rule 391-2-4, Saltwater Fishing
Regulations
• Proposed changes allow the Board to define the fishing gear and methods that can be
used when commercial and recreational fishing in saltwater.
Sec. 16 Delete 27-4-115 relating to commercial fishing for catfish (license requirements
specified in 27-4-71 and management to be specified by Board through Rule 391-2-4,
Saltwater Fishing Regulations).
Sec. 17 Modify 27-4-118 to add language specifying that seafood landed in the state must be
reported to the Department.
Sec. 18 Modify 27-4-130 to delete the factors used when opening or closing salt waters to
fishing, to authorize the Department to zone salt waters, to authorize the Board to allow
sale of saltwater fish, and to provide the Commissioner with authority to prohibit the
harvest of managed species for a period not to exceed six months
• Department recommendations to the Board and Commissioner have always been based
on current, sound principals of wildlife research and management, which are inclusive of
the factors defined in O.C.G.A. 27-4-130. Therefore, these factors, created in the 1970s to
specifically manage shrimp and blue crab, are redundant and need not be specified in
statute.
• Proposed change authorizes the Commissioner to prohibit the harvest of species listed
under revised O.C.G.A. 27-4-10 for conservation reasons such as abnormal weather or
federal fishery quota closures. If longer harvest prohibitions are necessary, the Board will
be required to take appropriate action.
Proposed changes to O.C.G.A. Title 27
Saltwater Fishery Management Improvement Act of 2012 P a g e | 4
Sec. 19 Delete 27-4-130.1 and 27-4-130.2 (Sec. 20) and move content to 27-4-10 so the Board
will be authorized to set size, creel, and possession limits in Rule 391-2-4, Saltwater
Fishing Regulations within parameters specified in law.
Sec. 21 Delete 27-4-131 - language now included in the revised 27-4-130.
Sec. 22 Modify 27-4-132 to authorize the Board to manage fishing for shrimp for
noncommercial purposes in Rule 391-2-4, Saltwater Fishing Regulations and to
authorize the Department to determine whether to open or close tidal waters to fishing for
shrimp for noncommercial purposes.
Sec. 23 Modify 27-4-133 to include jellyfish.
• For the past decade, cannonball jellyfish have been harvested by the shrimp trawler fleet
through an experimental fishing permit issued by the Department. Over that period, the
fishery has grown to the third largest in volume of harvest, behind shrimp and blue crab,
and, thus, should be regulated as a viable, ongoing component of Georgia’s commercial
saltwater fishery.
Sec. 24 Delete 27-4-170 – sport bait shrimping is now addressed in the revised 27-4-132
Sec. 25 Modify 27-4-171 to move management of commercial bait shrimp fishing to Rule 391-2-
4, Saltwater Fishing Regulations
• Proposed change authorizes the Board to manage commercial bait shrimp possession
limits, facility requirements, and methods of fishing. License, bond, signage, and dead
shrimp possession limit requirements remain in statute.
Sec. 26 Delete 27-4-172 relating to fishing for horseshoe crab (license requirements specified in
27-4-71 and management to be specified by Board through Rule 391-2-4, Saltwater
Fishing Regulations).
Sec. 27 Modify 27-4-190 and 27-4-194 (Sec. 28) to require portable marine toilets on
commercial shellfish harvester vessels and to reduce the minimum size for commerciallyharvested
oysters
• The portable marine toilet requirement fulfills requirements of the Model Ordinance of
the National Shellfish Sanitation Program (NSSP) will help ensure continued certification
of Georgia’s commercial shellfish fishery. The Department will use funds from the
Georgia Coastal Management Program to provide approved portable marine toilets to
shellfish harvesters.
• Proposed change in minimum size for commercially harvested oysters from 3 inches to 2
inches allows commercial shellfish harvesters to take advantage of the market for smaller
oysters.
Sec. 29 Update 52-7-26 to and 52-7-5 (Sec. 30) ensure recent Rules & Regulations related to
Title 52 (Watercraft) approved by the Board of Natural Resources during 2010 and 2011
have full effect of law.
For more information contact Spud Woodward, Coastal Resources Division Director
(spud.woodward@gadnr.org) or Doug Haymans, Coastal Resources Division Policy Coordinator,
