Rule 391-2-4-.14 - Shrimp Bait Dealers(1)Purpose. The purpose of this Rule is to implement the authority of the Board of Natural Resources to promulgate rules and regulations based on sound principles of wildlife research and management, establishing the seasons, days, and places; methods of fishing, and disposition; and size, creel, and possession limits; gear and landing specifications for commercial harvest of bait shrimp.(2)General. It shall be unlawful for any person commercially fishing for shrimp for live bait pursuant to this section to: (a) Use any power-drawn net which is larger than a 20 foot net or constructed of mesh smaller than one inch or greater than one and three-eighths inches when stretched;(b) Fish for shrimp pursuant to this Code section at night; or(c) Have on board the boat used for fishing for shrimp pursuant to this Rule more than 50 quarts of shrimp at any one time, no more than 10 percent of which may be dead;(3)Facilities. All applicants for bait dealer licenses and all licensed bait dealers shall have and maintain facilities meeting the following requirements: (a) Live bait shrimp facilities must be located within the salt waters of the state, as defined by the salt-water demarcation line described in Code Section 27-4-1, and such facilities must consist of either floating bait containers or tanks with circulating or recirculating systems to provide an exchange of salt waters. Floating bait containers must be permanently affixed to docks or other permanent structures which are attached to high ground above the high water mark and must be constructed with adequate openings to provide for a steady exchange of salt water. Tanks with circulating saltwater systems must include adequate spray outlets to provide aeration as well as sufficient water inlets to create a circulating flow within the bait tank;(b) All live shrimp-holding facilities must be constructed of nontoxic materials or materials which have been properly treated with an approved nontoxic substance. The facilities must be maintained in a condition conducive to keeping shrimp alive, which requires regular cleaning and the removal of dead shrimp;(c) Any live bait shrimp dealership which is not within one-half mile of public saltwater angling access shall be required to maintain public access to customers through such services as public launching facilities, public fishing docks or platforms, or other forms of saltwater access during all tidal stages, including without limitation vehicular access and public parking; provided, however, that any live bait dealership which derives at least $5,000.00 of earned income from the sale of recreational fishing supplies and accessories associated with saltwater angling shall be exempt from the provisions of this paragraph. Any dealer claiming such exemption shall provide such records as the department deems necessary to evidence such sales;(d) No organisms other than shrimp may be held in live shrimp bait tanks; and(e) Freezer storage sufficient to freeze and to keep frozen any shrimp which die while in possession of the dealer and which are to be sold as dead bait must be maintained on the premises of the established bait dealership.(4)Condition of Bait Shrimp. Except as otherwise provided for by law or regulation, it shall be unlawful for any licensed bait dealer to allow shrimp to be removed from the premises of his or her established bait dealership unless it is sold as: (a) Live bait in a container of such size as to ensure that all live shrimp therein are covered by a minimum of one inch of salt water; or(b) Dead bait which has been packaged with heads on and frozen. The packages shall contain not more than one quart of dead shrimp and must be clearly marked with letters at least one-half inch in height to read as follows: "SOLD FOR BAIT ONLY." Dead bait purchased for resale must be purchased from a licensed bait dealer and must be packaged and labeled as described.(5) It shall be unlawful for any licensed bait dealer to fail to keep all shrimp in saltwater tanks meeting the standards prescribed in subparagraph (3) of this Rule unless and until such shrimp die, in which case the shrimp shall be promptly frozen and packaged as dead bait. It shall also be unlawful for any licensed bait dealer intentionally to cause or allow live shrimp to die.(6) It shall be unlawful for any person to use, for other commercial fishing purposes, any equipment which has been used for obtaining live bait pursuant to this Code section.(7) It shall be unlawful for any licensed bait dealer or any of his or her employees to have or permit in or on a commercial bait fishing boat owned by the dealer or such employees and used for bait shrimping pursuant to this Rule or to have or permit in or on the premises of the established bait dealership any shrimp caught, sold, to be sold, or to be disposed of for human consumption.(8) It shall be unlawful for a licensed bait dealer to fail to maintain at all times a daily record book showing, for each transaction, the amount of bait shrimp purchased, the person from whom it was purchased, and the date of such purchase, as well as the amount of live shrimp and the amount of dead shrimp sold daily. Any such report shall include, without limitation, any transaction between licensed bait dealers and shall provide the name of the dealership acting as the seller in the transaction. Written reports of such transactions for each month shall be submitted to the department no later than the fifth day of the subsequent month in a format prescribed by the department.(9) It shall be unlawful for any licensed bait dealer or an employee of such person to sell or otherwise distribute to any one person, within a 24 hour period, more than eight quarts of shrimp. It shall also be unlawful for any person to buy, within a 24 hour period, more than eight quarts of shrimp.(10) It shall be unlawful to sell, unload, or otherwise dispose of shrimp taken for bait at any place other than the licensed bait dealership for which the bait was taken. This subparagraph shall not prohibit the transfer from the boat taking such shrimp to an approved vehicle with aeration equipment to keep shrimp alive which will unload shrimp so taken at a licensed bait dealership so long as the amount of bait being transferred does not exceed 50 quarts.(11) It shall be unlawful for any licensed bait dealer to have, at his or her established bait dealership at one time, more than 200 quarts of live shrimp. It shall also be unlawful for more than 10 percent of the shrimp at the dealership or 20 quarts, whichever amount is less, to be dead shrimp unless the dead shrimp in excess of such percentage are promptly frozen and packaged as dead bait as required by subparagraph (4)(b) of this Rule.(12) It shall be unlawful for more than one boat to be in use for fishing for shrimp at any one time for an established bait dealer.(13) It shall be unlawful for any licensed bait dealer to fail to publicly advertise his or her facility. For the purpose of advertising, each established bait shrimp dealer shall display prominently on the road or drive leading to the facility and on any related dock a sign or signs which shall include the following: (1) "LIVE BAIT FOR SALE" and (2) the hours and days of operation. Signs shall be at least 24 inches by 18 inches in size and shall display letters and numbers at least three inches in height.(14) Notwithstanding subparagraphs (10) and (11) of this Rule, it shall be lawful for a licensed bait dealer to sell live bait shrimp taken pursuant to this Rule to another licensed bait dealer if the department has been previously notified of the destination of the shrimp to be sold and the time and approximate amount of the sale and if the department has approved the equipment for transferring such shrimp. Transportation and transfer of live bait shrimp between bait dealers shall not exceed the 200 quart possession limit for commercial bait facilities as provided in subparagraph (11).(15) It shall be unlawful for any licensed bait dealer to fail to have and display any current business license required by the county or city in which the bait dealership is located and a sales tax certificate of registration issued pursuant to Code Section 48-8-59.(16) Before the Department issues a bait dealer license it shall inspect the bait dealer facilities to determine if the facilities comply with the requirements of this Rule and O.C.G.A. 48-8-59, within 30 days from the time application for license is received.Ga. Comp. R. & Regs. R. 391-2-4-.14
O.C.G.A. Secs. 27-1-4, 27-4-130.
Original Rule entitled "Shrimp Bait Dealers" adopted. F. Dec. 18, 2012; eff. Jan. 7, 2013.