Rule 391-2-4-.18 - Shellfish sanitation; seed importation; water bottoms lease terms(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 current, sound principles of wildlife research and management establishing commercial shellfish sanitation requirements, seed size and importation criteria, and water bottoms lease terms.(2)Adoption of National Shellfish Sanitation Program Model Ordinance. The following publication is adopted by reference and is part of these Rules: The National Shellfish Sanitation Program ("NSSP") Model Ordinance entitled "Guide for the Control of Molluscan Shellfish Model Ordinance" ("Guide") covering the sanitation of harvesting, processing, and distribution of shellfish. Violations of the Guide are violations of these Rules, and the Department of Natural Resources is authorized to enforce any requirements set forth in the Guide.(3)Hatcheries and Nurseries. All hatcheries and nurseries providing shellfish seed, whether in-state or out-of-state, must be certified by the department. Certification is based upon current, sound principles of wildlife research and management and history of shellfish disease in the vicinity of the hatchery or nursery facility.(4)Commercial shellfish seed size. Clam seed shall not be greater than one-half inch and oyster seed shall not be greater than one inch.(5)Shellfish Seed Health Requirements, Importation. For the purpose of possessing shellfish seed for mariculture in this state, any person permitted to conduct mariculture operations according to this section must adhere to the following: (a) All shellfish seed used in mariculture must originate only from hatcheries or nurseries certified by the department; and(b) Shellfish seed from out-of-state hatchery and nursery facilities must be accompanied by a Certificate of Health from a Department-approved pathologist certifying the shellfish seed as free from disease and pathogens and must include the following:(i) Location(s) where the shellfish seed was spawned and nursed;(ii) Size of shellfish seed tested;(iii) List of diseases and pathogens in the analysis as required by the department;(iv) Shellfish species tested;(v) An indication that the shellfish seed was tested within 30-days prior to entering this state unless waived by the Department; and(vi) Copies of the Certificate of Health must be maintained by the hatchery and/or nursery and the master harvester for a period of not less than three years.(c) Visual inspection of out-of-state shellfish seed shipments prior to placement on a lease must be granted upon request by the Department. Imported seed may be rejected if there is non-conformance of shellfish seed size or comingling of species that is not listed on the bill of lading or invoice that accompanies such shipment.(6)Leasing of State-Owned Water Bottoms Terms, Siting, other Considerations.(a) The term of a state-owned water bottoms lease shall not exceed ten years and is subject to such provisions, requirements and conditions as determined by the Department. Leases may be renewed for additional terms if the lessee is in compliance with the terms of the current lease.(b) Subtidal water bottoms leases shall be sited in accordance with the following criteria: (i) In Approved Shellfish Growing areas as determined by the department;(ii) In areas with a minimum width of 200 feet at mean low water;(iii) In areas with a minimum depth of not less than 6 feet at mean low water; and(iv) Not on or over an existing shellfish resource, live bottom or saltmarsh.(c) Any boundary of a subtidal water bottom lease shall not be within the following:(i) 150 feet of a federal project, such as a federally maintained channel;(ii) 50 feet of an existing commercial, community or private dock; and(iii) 50 feet of a shoreline at mean low water.(d) Subtidal water bottoms leases may only be located within or adjacent to certain resources if the Department determines, after consulting with the appropriate local, state or federal agencies with jurisdiction over the subject matter, that the lease is compatible with the following: (i) Critical habitat for marine, threatened or endangered species;(ii) Bait shrimping zones; and(iii) Heritage Preserves as defined in O.C.G.A. Title 12.(e) Before siting a subtidal water bottoms lease the Department shall evaluate such other considerations as it deems necessary, but shall include at a minimum the following: (i) Areas with known pre-existing or historical commercial, recreational and private uses of the waterway such as commercial and recreational fishing, high boat traffic, riparian viewsheds, and research sites;(ii) Areas where property owners may exercise riparian rights to construct docks or marinas; and(iii) Areas of dynamic shorelines and shoaling.Ga. Comp. R. & Regs. R. 391-2-4-.18
O.C.G.A. §§ 27-1-4, 27-4-189, 27-4-195.
Original Rule entitled "Shellfish sanitation; seed importation; water bottoms lease terms" adopted. F. Feb. 17, 2020; eff. Mar. 1, 2020, as specified by the Agency.