Minner traps

LittleDrummerBoy

Senior Member
Caught a 7 lb striper on a jug line once. Back he went.
 

lampern

Senior Member
Regulation

Dip nets and cast nets may be used to take threadfin shad, gizzard shad, and blueback herring for bait except cast nets may not be used in State Park Lakes.

Law

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

The regulation says only herring and shad may be taken by cast net while the actual law text says any non game fish can be taken by cast net.

Am I reading it wrong?
 

Milkman

Deer Farmer Moderator
Staff member
I’m glad he didn’t include N Ga or there would have been twice as many folks tore up.
 

across the river

Senior Member
Regulation



Law



The regulation says only herring and shad may be taken by cast net while the actual law text says any non game fish can be taken by cast net.

Am I reading it wrong?

I'm not sure what you hangup is on this, but something doesn't have to be written in a "law" as you define it to be considered legal or illegal. Minnow traps are illegal in freshwater, because it is written in a regulation. Look up administrative law, since you seem to be so hung up on the term law.


In order to make the laws work on a day-to-day level, Congress authorizes certain government agencies - including EPA - to create regulations. Regulations set specific requirements about what is legal and what isn't.


Like laws, regulations are codified and published so that parties are on notice regarding what is and isn't legal. And regulations often have the same force as laws, since, without them, regulatory agencies wouldn't be able to enforce laws.
 

across the river

Senior Member
Simple:



The law to me says I can use a cast net to take any non protected nongame fish.

The regulations digest seems to say only certain shads and herrings may be taken.

So can a cast net be used to take golden shiners or not?


It isn't that hard.

A shiner is not a game fish, so you can cast net it, snag it with a treble hook, shoot it with a bow, a spear, or seine net it. You just can't keep one that was seined over 5 inches. The cast net specifically mentions those species, because that is what they are typically used to catch, and most of the gizzard shad and bluebacks, and many of the threadfin will be over 5 inches, so it clarifies that.


Fishing
Catching, capturing, taking, or killing fish, mussels and all seafood and includes all lesser acts such as attempting to catch, capture, or kill by any device or method and directly assisting any person in catching or attempting to catch fish or seafood.
Game Fish
Fish that are listed under Daily Limits
(see Game Species Daily Limits and Finfish Seasons, Limits, Sizes).
Nongame Fish
Any fish not designated as game fish under Daily Limits (see Game Species Daily Limits and Finfish Seasons, Limits, Sizes).

Seines, Cast Nets, Bow Nets
  • Only nongame fish less than 5 inches in length may be taken using a minnow seine and are not to be sold or used for commercial purposes.
  • All other fish and eels taken in minnow seines must be released immediately unharmed into the water.
  • A minnow seine must be less than 20 feet in length and have a 3⁄8 inch or less mesh (square or diameter).
  • Minnow seines may not be used in designated trout waters.
  • Minnow traps are illegal in freshwater.
  • Dip nets and cast nets may be used to take threadfin shad, gizzard shad, and blueback herring for bait except cast nets may not be used in State Park Lakes.
  • Bow nets are considered sport shad fishing gear and shall have a minimum legal size of 3½ inches stretched mesh.
 

across the river

Senior Member
WOW! Only on GON could a debate get started from a simple question about using a minner trap!


Only on GON does someone think something isn't illegal, because it is printed in the regulation and not in a "law."
 

lampern

Senior Member
It just shows how unclear something can be that shouldn’t be.

How hard is it to write “nongane fish may be taken with cast nets”


I guess this thread has gotten way off track
 
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lampern

Senior Member
Proposed language I sent to the DNR

Notwithstanding subsection (a) of this Code section, minnow traps may be used to take only nongame fish five inches or less in length, other than American eels, in the fresh waters of this state except in trout waters as designated pursuant to Code Section 27-4-51. Nongame fish taken in accordance with this subsection may not be sold or offered for sale. Minnow traps must be no longer than 24 inches,and have funnel openings of no greater than 1 inch. Minnow traps shall be checked and emptied daily. Any game fish or American eel caught in any minnow trap shall be immediately released back into the water from which it was taken. The board may by rule or regulation close any lake, stream or other body of water to the use of minnow traps.

(I copied the restrictions for minnow seines and applied it to minnow traps)

Current minnow seine law:

Section 27-4-6. Use of minnow seines
It shall be unlawful to take any game fish or American eels by minnow seines from the fresh waters of this state. It shall also be unlawful to take any nongame fish by minnow seines from any of the fresh waters of this state, except where such fish are five inches in length or less and are not to be sold or otherwise used for commercial purposes and except where such waters are not trout waters as designated pursuant to Code Section 27-4-51. It shall also be unlawful to use a seine which is longer than 20 feet or which has a mesh larger than three-eighths of an inch square, or in diameter if the mesh is not square. All game fish and American eels taken in such seines shall be immediately released unharmed into the waters from which they were taken.

History


Ga. L. 1956, p. 231, § 1; Ga. L. 1962, p. 120, § 1; Ga. L. 1968, p. 497, § 25; Code 1933, § 45-708, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1999, p. 81, § 27.

Current minnow seine law dates from 1977
 
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