Rule 391-2-4-.05 - Shrimp Trawl Gear Specifications. Requirement for Use of Turtle Excluder Devices(1) Purpose. The purpose of these Rules is to implement the authority of the Board of Natural Resources to promulgate rules and regulations to regulate the times, methods, ways, means, and devices of taking wildlife which are necessary to protect threatened and endangered sea turtles in state waters.(2) Definitions. (a) "Qualified turtle excluder device" or "TED" means a device approved by the National Marine Fisheries Service, and described in 50 C.F.R. Section 272.72(e)(4)(ii)(A)-(F), or any additional device approved by the National Marine Fisheries Service pursuant to 50 C.F.R. Section 272.72(e)(4)(iii).(b) "Headrope length" means the straightline length of that portion of the top rope of the trawl net from which the net is hung measured between the outermost hanging points.(c) "Perimeter" means the opening or entrance to the trawl formed and limited by attachment of the net mesh to line, which line is securely attached so as to form a continuous perimeter around the leading edge of the net. The perimeter so formed is measured from point to point along the line forming the leading edge of the net.(3) Vessels Required to Use Turtle Excluder Devices. (a) All shrimp trawlers which trawl for shrimp consumption in Georgia's sound pursuant to O.C.G.A. 27-4-133 must have a qualified turtle excluder device in each net. In addition, all shrimp trawlers which trawl for shrimp for human consumption pursuant to O.C.G.A. 27-4-133 in Georgia's offshore waters, seaward of the sounds and south of 31°20' North latitude, must have a qualified turtle excluder device installed in each trawl net during trawling operations during 1 April through 31 December of each year. Shrimp trawlers which trawl for shrimp for human consumption in Georgia's offshore waters, seaward of the sounds and north of 31°20' North latitude, must use a qualified TED in each net during the period 1 April through 30 November of each year.(4) Exemptions. (a) Vessels using a single net having a headrope length of 30 feet or less and a perimeter around the leading edge of the net not greater than 82 feet are exempt from the TED requirement.(b) A single test net, commonly referred to as a trynet, having a headrope length of 20 feet or less is exempt from the TED requirement provided that such net is pulled immediately in front of another net and is not connected to another net in any way.(c) A trawl being used as part of a public or private experimentation authorized by the Director, Southeast Region, National Marine Fisheries Service, as provided in 50 C.G.R. Section 227.72(e)(4)(iv) and permitted according to O.C.G.A. Section 27-2-12 is exempt from the TED requirement provided written authorization shall be maintained aboard the shrimp trawler with such a trawl at all times.Ga. Comp. R. & Regs. R. 391-2-4-.05
O.C.G.A. 27-1-4.
Original Rule entitled "Shrimp Trawl Gear Specifications. Requirement for Use of Turtle Excluder Devices" adopted. F. Oct. 25, 1990; eff. Nov. 14, 1990.