§ 27-4-150 - Taking, possessing, and dealing in crabs and peelers; required records
O.C.G.A. 27-4-150 (2010)
27-4-150. Taking, possessing, and dealing in crabs and peelers; required records
(a) It shall be unlawful for any person to take or possess in this state any crab, other than a mature adult female crab, measuring less than five inches from spike to spike across the back; provided, however, that any person may take or possess peelers measuring at least three inches from spike to spike across the back. Any crabs taken or possessed in violation of this paragraph may not be intentionally killed and must be returned to the salt waters of this state as soon as possible; provided, however, nothing in this paragraph shall prohibit any person from importing, transporting, or possessing crabs when such person can provide documentary evidence showing that the crabs were taken outside this state in full compliance with the laws of the state of origin. He or she must have an executed invoice showing the point of origin of such crabs and exhibit such an invoice upon demand to any conservation ranger.
(b) It shall be unlawful for any person other than a licensed commercial fisherman or licensed commercial crab fisherman to take or possess commercial quantities of crabs, other than soft-shelled crabs, during any 24 hour period; provided, however, nothing in this subsection shall be construed to prohibit a person from possessing commercial quantities of such crabs when the person can provide documentary evidence showing that the crabs were purchased from a licensed commercial fisherman, a licensed commercial crab fisherman, or any person licensed to engage in the business of selling seafood or were purchased outside this state.
(c)(1) It shall be unlawful for any person other than a licensed commercial crab fisherman or a licensed soft-shell crab dealer to take or possess peelers in commercial quantities; provided, however, it shall be lawful for any person to possess such amount of peelers when the person can provide documentary evidence showing that the peelers were purchased from a licensed soft-shell crab dealer or any person licensed to engage in the business of selling seafood or were purchased outside the state.
(2) It shall be unlawful for any person taking peelers to sell the peelers to any person other than a licensed soft-shell crab dealer.
(3) It shall be unlawful for a soft-shell crab dealer to purchase peelers from any person other than a licensed commercial crab fisherman or another soft-shell crab dealer, provided that it shall be lawful for a soft-shell crab dealer to purchase peelers from any person outside this state, or from outside this state.
(d) It shall be unlawful for any person other than a licensed soft-shell crab dealer to operate a shedding facility for commercial purposes.
(e)(1) The department shall begin issuing commercial crabbing licenses on April 1, 1995; provided, however, that until July 1, 1998, only a person who was in possession of a valid 1994-1995 license year commercial fishing license, who was listed as an owner or a captain on a valid 1993-1994 or 1994-1995 nontrawler commercial fishing boat license, and who can provide evidence satisfactory to the department that he or she commercially sold crabs ex-vessel during either the 1993-1994 or 1994-1995 license years shall be eligible to be issued a commercial crabbing license; provided, further, that the department may, in its discretion, issue a commercial crabbing license to a person who produces documentation satisfactory to the department that he or she, because of hardship, was unable to obtain a commercial fishing license during the 1994-1995 licensing year. A license issued pursuant to this paragraph shall be nontransferable and shall be issued annually for the fee specified in Code Section 27-2-23.
(2) Except as provided in Code Section 27-4-133, from April 1, 1995, only a person in possession of a valid commercial crabbing license may operate a commercial fishing boat for the purpose of commercial crabbing activities as provided for in subsections (b) and (c) of this Code section. Such license shall be distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8.
(3) On and after July 1, 1998, only those persons who were in possession of a commercial crabbing license and were listed as the owner or captain on a nontrawler commercial fishing boat license in two of the three license years from the 1995-1996 license year through the 1997-1998 license year and can provide evidence satisfactory to the department that he or she sold crabs ex-vessel during the time he or she was so licensed shall be eligible to be issued a commercial crabbing license. Any person desiring a commercial crabbing license for the 1998-1999 license year must make application not later than August 31, 1998.
(4) The total number of commercial crab licenses issued for license years after the 1998-1999 license year shall not exceed the number of such licenses issued for the 1998-1999 license year. Any license which is not renewed by May 1 of any license year subsequent to the 1998-1999 license year shall revert to the department for reissue by lottery devised and operated by the department. No person may hold more than one license at any time.
(5) Commercial crab licenses may not be sold for consideration and may not be transferred to another person; provided, however, that such licenses may only be transferred:
(A) Without payment of the license fee to the licensee's spouse, children, siblings, or parents if the licensee dies or is permanently and totally disabled. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veterans Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation. The transferee of a license so transferred shall engage in commercial crabbing as evidenced by his or her commercial crab harvest records within two years after such transfer or the license shall revert to the department for reissue as provided in paragraph (4) of this subsection; or
(B) With payment to the department of the license fee to any person who is the bona fide purchaser of the nontrawler boat or vessel the licensee used for crabbing and designated for such purpose as provided in subsection (e) of Code Section 27-4-151.
(6) Any person receiving a commercial crab license by transfer as provided in subparagraphs (A) and (B) of paragraph (5) of this subsection shall register such transfer with the department and pay to the department the license fee, if so required, within 30 days following the date of the transfer.
(f)(1) It shall be unlawful for anyone engaged in commercial fishing for crabs in the salt waters of this state to fail to maintain at all times a record book showing the amount of crabs caught daily; 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. If no fishing occurred during any calendar month, a report stating such must be filed.
(2) Each person required to maintain records pursuant to the provisions of paragraph (1) of this subsection shall report such information to the department at such time and in such manner as the board provides by rule or regulation. Such records shall be deemed provided in accordance with the provisions of this subsection on the date they were postmarked with the correct address and postage.
(3) Any person who fails to report records as required by the provisions of paragraph (2) of this subsection within 60 days of the date such report is due shall be penalized as follows:
(A) On a first offense, the person shall pay a fine of $250.00;
(B) On a second offense, the person shall pay a fine of $500.00; and
(C) On a third or any subsequent offense, the person shall pay a fine of $500.00, and his or her commercial crabbing license shall be suspended for a period of ten days.
(4) Any licensed crabber who has not submitted all harvest records for the previous year, as required by paragraph (2) of this subsection and all pertinent rules and regulations, shall be ineligible for license renewal until such time as the required records have been submitted and all penalties paid.
(g) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction, shall pay a fine as follows:
(1) For a first offense, the person shall pay a fine of $250.00;
(2) For a second offense, the person shall pay a fine of $500.00, and his or her commercial crabbing and commercial fishing boat licenses shall be suspended for ten days and may not be used by any person; and
(3) For a third and each subsequent offense, the person shall pay a fine of $1,000.00, and his or her commercial crabbing and commercial fishing boat licenses shall be suspended for 60 days and may not be used by any person. Any person whose license is so suspended shall remove all of his or her traps from the water not later than ten days after the first day of the suspension.