Rule 391-2-4-.15 - Protections for horseshoe crabs; catch limits; exceptions(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 commercial and recreational seasons, days, and places; methods of fishing and disposition; and size, creel, and possession limits; gear and landing specifications for horseshoe crabs.(2)Areas Open to Taking of Horseshoe Crabs. All salt waters of this state are closed to the taking of horseshoe crabs for bait except during those times when the salt waters or portions thereof are opened to the taking of shrimp, whelk, or blue crab by trawling pursuant to O.C.G.A. 27-4-133.(3)Quantity. It shall be unlawful for any person taking horseshoe crabs pursuant to this Rule to take or possess more than 25 horseshoe crabs at any one time or for there to be on board the boat used for the taking more than 75 horseshoe crabs at any one time, whichever is less; provided, however, that the taking or catching of horseshoe crabs incidentally during legal fishing operations of other marine species shall not be a violation of this Rule if the horseshoe crabs so taken in excess of the limits set forth herein are immediately returned to the water from which they were taken without being intentionally or negligently harmed by the taker or the equipment being used.(4)Biomedical Harvest. This Rule shall not prohibit the taking or possession of horseshoe crabs for the purpose of collecting horseshoe crab blood for the production of amebocyte lysate or other approved medical uses, so long as the taker and possessor have permits issued by the Department authorizing such taking or possession and the horseshoe crabs are handled so as to minimize injury to the horseshoe crabs. Horseshoe crabs may be taken and possessed pursuant to a medical takings permit without regard to the possession limit set forth in paragraph (3) of this Rule or whether or not the salt waters from which they are taken are open or closed for the taking of horseshoe crabs for bait. Horseshoe crabs taken and possessed pursuant to a medical takings permit must be returned unharmed to state waters of comparable salinity and water quality as soon as is feasible after collection of their blood.(5) This Rule shall not prohibit the interstate import of horseshoe crabs provided that a bona fide bill of lading accompanies such horseshoe crabs as proof that such horseshoe crabs were not taken or transported in violation of this Rule or the laws of the jurisdiction from which the horseshoe crabs originated.Ga. Comp. R. & Regs. R. 391-2-4-.15
O.C.G.A. Secs. 27-1-4, 27-4-130.
Original Rule entitled "Protections for horseshoe crabs; catch limits; exceptions." adopted. F. Jan. 16, 2013; eff. Feb. 5, 2013.