Rule 391-2-4-.11 - Bait Minnow Trapping(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, places, numbers, species, sizes, manner, methods, ways, means, and devices of taking, capturing, transporting, storing, selling, and using wildlife to conserve bait minnows.(2)Definitions.(a) "Bait Minnow" means any member of the family Fundulidae, including but not limited to mummichog killifishes, commonly known as mud minnows, but not including domestic fish.(b) "Bait Minnow Trap" means a rectangular or cylindrical cage or structure which is constructed of hardware cloth, wire, plastic or similar material used for catching minnows to be used as bait. Maximum dimensions shall not exceed 24 inches in length, 18 inches in width, or 9 inches in height for rectangular traps, or 24" in length and 30" in circumference for cylindrical traps. A bait minnow trap used commercially shall be constructed of materials with a mesh size no smaller than 1/2" bar mesh; except, however, the funnel or muzzle to the trap shall be constructed of materials of mesh no smaller than 1/4" bar mesh. A bait minnow trap used recreationally shall be constructed of materials with a mesh size no smaller than 1/4" bar mesh. The round throat (opening) of the funnel or muzzle to a bait minnow trap shall not exceed 1 inch in diameter. Each trap must have attached thereto a tag bearing the name and address of the owner of the trap or must have tethered to each trap a float bearing the name and address of the person using such gear. If the trap is used for commercial purposes, the tag or float must also include the commercial bait dealer license number of the person using such gear or the license number of the bait dealer employing the person using the gear.(c) "Department" means the Department of Natural Resources, Coastal Resources Division.(3) Commercial and Recreational Bait Minnow Trapping.(a) It is lawful to commercially harvest bait minnows of the family Fundulidae using bait minnow traps as defined in paragraph (2)(b) above, in the saltwaters of this state, provided such individual has a valid commercial fishing license pursuant to O.C.G.A. Sections 27-2-23 and 27-4-110, and a valid bait dealer license pursuant to O.C.G.A. Section 27-4-171, and provided that such individual meets the requirements for live bait shrimp facilities as specified in O.C.G.A. Section 27-4-171. An individual who is an employee of a licensed bait dealer and who possesses a valid personal commercial fishing license pursuant to O.C.G.A. Sections 27-2-23 and 27-4-110 and bait minnow endorsement pursuant to Rule 391-2-4-.17 may work the bait minnow traps of his or her employer.1. No holder of a bait dealer license commercially harvesting bait minnows may employ more than 10 traps at any given time.2. The sale of commercially harvested bait minnows by a properly licensed bait dealer for resale purposes is allowed only to persons possessing a valid wholesale fish dealer license pursuant to O.C.G.A. Sections 27-2-23 and 27-4-76.3. A licensed bait dealer must maintain at all times a daily record book showing the amount of bait minnows harvested and sold daily. Written reports of such transactions shall be submitted to the Department no later than the fifth day of the subsequent month in a format prescribed by the Department.4. No licensed bait dealer or licensed wholesale fish dealer may possess more than 100 quarts of bait minnows at any time.(b) It is lawful to recreationally harvest bait minnows of the family Fundulidae using bait minnow traps as defined in paragraph (2)(b) above, in the saltwaters of this state, provided such individual complies with the recreational fishing license requirements as specified in O.C.G.A. Sections 27-1-2 and 27-2-23. 1. No individual recreationally harvesting bait minnows may employ more than 2 traps at any time, except that a salt water fishing guide licensed pursuant to O.C.G.A. Code Section 27-2-23.2 may employ a maximum number of 4 traps at any time, provided that the bait minnows are not sold.2. No individual recreationally harvesting bait minnows may possess more than 2 quarts of bait minnows at any given time, except that a salt water fishing guide licensed pursuant to O.C.G.A. Code Section 27-2-23.2 may possess no more than 10 quarts of bait minnows at any time, provided that the bait minnows are not sold.Ga. Comp. R. & Regs. R. 391-2-4-.11
O.C.G.A § 27-1-4.
Original Rule entitled "Bait Minnow Trapping" adopted. F. Dec. 2, 1999; eff. Dec. 22, 1999.Amended: F. July 3, 2006; eff. July 23, 2006.Amended: F. Dec. 14, 2017; eff. Jan. 3, 2018.Amended: F. Aug. 26, 2021; eff. Sept. 15, 2021.