Georgia § 27-4-195 - Times and places for taking shellfish; master harvester's request to harvest shellfish during periods when shellfish harvest is closed; revocation of permission for closed period harvest.

§ 27-4-195. Times and places for taking shellfish; master harvester's request to harvest shellfish during periods when shellfish harvest is closed; revocation of permission for closed period harvest.

It shall be unlawful to take shellfish from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open or close for the purpose of taking shellfish any or all portions of the salt waters of this state at any time between January 1 and December 31, provided that he or she has determined that such action in opening or closing said salt waters is in accordance with current, sound principles of wildlife research and management. It shall be unlawful to give permission to take shellfish from any area not opened pursuant to this Code section unless permission has been granted by the department or to give permission to harvest shellfish from areas for which the individual granting such permission does not have harvest rights. A master harvester may request permission from the department to harvest shellfish during periods when shellfish harvest is closed pursuant to subsection (a) of this Code section. The department may consider a master harvester's past compliance with the provisions of this part in making its determination to issue conditional permission to harvest during closed periods. In addition, the master harvester shall provide: A closed season shellfish operations plan that is approved by the department and meets requirements established by the board to be protective of public health; A list of trained, authorized harvesters as provided in subsection (d) of this Code section; and A list of receiving certified firms. A master harvester shall ensure that a harvester receives training required by the National Shellfish Sanitation Program, abides by the conditions of the program, and holds all required licenses. The department may suspend or revoke a master harvester's permission for closed period harvest for a violation of a condition by the master harvester or harvester. The filing of a judicial appeal shall not act as an automatic stay of enforcement. No license, permit, or lease shall be denied or revoked under this part without opportunity for hearing in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." (Code 1981, § 27-4-195 , enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 2019, p. 619, § 1/HB 501.) The 2019 amendment, effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, in subsection (a), in the middle of the second sentence, substituted "all portions" for "a portion" and inserted "or she"; inserted "unless permission has been granted by the department" in the middle of subsection (b); and added subsections (c) through (e). Code Commission notes. - Pursuant to Code Section 28-9-5, in 1991, a comma was inserted following "December 31" in subsection (a). Editor's notes. - Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes." This Act was signed by the Governor on May 6, 2019.