Rule 391-2-4-.04 - Saltwater Finfishing(1)Purpose. The purpose of these Rules 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, methods of fishing, and disposition; size, possession, and creel limits; and gear and landing specifications for certain finfish.(2)Definitions. (a) "Billfish" means Blue Marlin (Makaira nigricans), White Marlin (Tetrapturus albidus) and Sailfish (Istiophorus albicans).(b) "Daily creel limit" means the lawful amount of a species of finfish that a person may take in one day or possess at any one-time, except at one's place of abode or at a commercial storage facility provided the Board has not prohibited sale of that species.(c) "Hammerhead Sharks" means a group of sharks inclusive of Great Hammerhead (Sphyrna mokarran), Scalloped Hammerhead (Sphyrna lewini) and Smooth Hammerhead (Sphyrna zygaena).(d) "Handline" means a mainline to which no more than two hooks are attached and which is retrieved by hand without the aid of mechanical devices.(e) "Landed" means to bring fish to shore in this state, regardless of the jurisdiction from which they were taken or harvested.(f) "Minimum size" means the species' specific size in length, specified as fork length, lower jaw fork length or total length, below which size it is unlawful to possess that finfish species.(g) "Maximum size" means the species' specific size in length, specified as fork length, lower jaw fork length or total length, above which size it is unlawful to possess that finfish species.(h) "Open Season" means that specified period of time during which one may take from any of the waters of this state certain finfish species.(i) "Prohibited Sharks" means a group of sharks inclusive of sand tiger (Carcharias taurus), sandbar shark (Carcharhinus plumbeus), silky shark (Carcharhinus falciformis), bigeye sandtiger (Odontaspis noronhai), whale shark (Rhincodon typus), basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), dusky shark (Carcharhinus obscurus), bignose shark (Carcharhinus altimus), Galapagos shark (Carcharhinus galapagensis), night shark (Carcharhinus signatus), reef shark (Carcharhinus perezii), narrowtooth shark (Carcharhinus brachyurus), Caribbean sharpnose shark (Rhizoprionodon porosus), smalltail shark (Carcharhinus porosus), Atlantic angel shark (Squatina dumeril), longfin mako (Isurus paucus), bigeye thresher (Alopias superciliosus), sharpnose sevengill shark (Heptranchias perlo), bluntnose sixgill shark (Hexanchus griseus), bigeye sixgill (Carcharhinus longimanus).(j) "Sharks" means all species of sharks other than those comprising the small shark composite as defined in subparagraph 2(k), hammerhead sharks as defined in subparagraph 2(c), prohibited sharks as defined in subparagraph 2(i), and individual species regulated by this rule.(k) "Small Shark Composite" means a group of sharks inclusive of Atlantic sharpnose shark (Rhizoprionodon terraenovae), bonnethead (Sphyrna tiburo), and spiny dogfish (Squalus acanthias).(3)Seasons, Daily Creel and Possession Limits, Minimum and Maximum Size Limits. The following species may be taken in accordance with the seasons, daily creel and possession limits, and minimum and maximum size limits set forth below, except as otherwise specifically provided herein: SPECIES | SEASON | Daily Creel and Possession Limit | Minimum Size (inches) | Maximum Size (inches) |
(a) Amberjack | All Year | 1 | 28 FL |
(b) Atlantic croaker | All Year | 25 |
(c) Atlantic sturgeon | No Open Season has been established by the Board of Natural Resources. |
(d) Black drum | All Year | 15 | 14 TL |
(e) Black sea bass | All Year | 15 | 12 TL |
(f) Reserved | |
(g) Bluefish | All Year | 15 | 12 TL |
(h) Cobia | March 1 - October 31 | 1 per person not to exceed 6 per boat | 36 FL |
(i) Dolphin | All Year | 10 per person not to exceed 54 per boat. | 20 FL |
1. Headboats with a valid certificate of inspection are allowed 10 dolphin per paying passenger. |
(j) Flounder (Paralichthys spp.) | All Year | 15 | 12 TL |
(k) Gag grouper | All Year | 2 | 24 TL |
(l) King mackerel | All Year | 3 | 24 FL |
(m) Red Drum | All Year | 5 | 14 TL | 23TL |
(n) Red Porgy | All Year | 3 | 14 TL |
(o) Red Snapper | All Year | 2 | 20 TL |
(p) Reserved | |
(q) Prohibited Sharks | Unlawful to possess. |
(r) Sharks |
(r.1.) Small Shark Composite | All Year | 1 | 30 FL |
(r.2.) Sharks | 1 per person or boat | 54 FL |
(r.3.) Hammerhead Sharks | 78 FL |
(r.4.) Shortfin Mako Shark | When Federal Quota is Available | 83 FL |
(s) Sheepshead | All Year | 15 | 10 TL |
(t) Reserved |
(u) Spanish mackerel | All Year | 15 | 12 FL |
1. A catch of Spanish mackerel under the minimum size limit is allowed equal to five percent by weight of the total catch of Spanish mackerel on board a trawler. |
(v) Spot | All Year | 25 |
(w) Spotted sea trout | All Year | 15 | 14 TL |
(x) Tarpon | All Year | 1 | 68 TL |
(y) Tripletail | All Year | 2 | 18 TL |
(z) Weakfish | All Year | 1 | 13 TL |
(aa) Reserved | |
(bb) American eel | All Year | 25 | 9 TL |
(4)Restrictions on Sale. It shall be unlawful for any person in this state to sell, purchase, or barter any of the following species or part thereof, except as otherwise specifically provided herein: (a) No person operating as a dealer may buy or sell sharks, small shark composite species, hammerhead sharks, and Shortfin Mako Sharks caught in state waters without first obtaining a federal Commercial Shark Dealer Permit and when state or federal quotas for species within those groups have been reached.(c) No person may sell any fish managed under federal law and harvested from either Georgia waters or the South Atlantic Exclusive Economic Zone except when the catch of such fish is allowed by applicable federal law. This prohibition of sale does not apply to fish harvested, landed, and sold in compliance with applicable federal law and held in cold storage by a seafood dealer or processor. This prohibition also does not apply to a seafood dealer's purchase or sale of fish harvested from waters other than those of Georgia or the South Atlantic Exclusive Economic Zone, provided such fish is accompanied by documentation of legal harvest.(5)Possession and Landing Specifications.(a) All fish subject to restrictions specified in this Rule may be possessed in state waters or landed only with head and fins intact, except that when landed for commercial purposes, all sharks, small shark composite species, hammerhead sharks, and Shortfin Mako Sharks may have the heads removed but fins and tail must remain naturally attached.(b) It shall be unlawful to transfer at sea in State waters from a fishing vessel to any other vessel or person any fish caught which are subject to the restrictions specified in this Rule.(c) Except as otherwise provided by law, it shall be unlawful to fish for sharks, small shark composite species, hammerhead sharks, or Shortfin Mako Sharks for recreational purposes with any gear other than rod and reel or handline as defined in subparagraph (2)(d) above. Additionally, anglers must use non-offset, corrodible, non-stainless-steel circle hooks when fishing for sharks recreationally, except when fishing with flies or artificial lures.(d) Except as otherwise provided by law, trawlers fishing for shrimp for human consumption pursuant to Code Section 27-4-133 shall be exempt from the creel and possession limits for spot and Atlantic croaker.(e) Except as otherwise specifically provided herein, in state waters the size, catch, creel and possession limits, fishing period closures, and requirements pertaining to the taking, release, landing, sale, purchase, trade, or barter of billfish shall be prescribed by federal regulations implemented under the Fishery Conservation and Management Act (PL 94-265) and the Consolidated Atlantic Highly Migratory Species Fishery Management Plan.Ga. Comp. R. & Regs. R. 391-2-4-.04
O.C.G.A. §§ 12-2-24, 27-1-4, 27-4-10.
Original Rule entitled "Saltwater Finfishing" adopted. F. Aug. 24, 1989; eff. Sept. 13, 1989.Amended: F. July 30, 1991; eff. August 19, 1991.Amended: F. Feb. 26, 1992; eff. Mar. 17, 1992.Amended: F. July 22, 1992; eff. August 11, 1992.Amended: F. July 26, 1993; eff. August 15, 1993.Amended: F. Nov. 3, 1995; eff. Nov. 23, 1995.Amended: ER. 391-2-4-0.34-.04 adopted. F. and eff. Jan. 29, 1997, the date of adoption, to be in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter is adopted, as specified by the Agency.Amended: F. Apr. 23, 1997; eff. May 13, 1997.Amended: F. Oct. 23, 1998; eff. Nov. 12, 1998.Amended: F. Oct. 28, 1999; eff. Nov. 17, 1999.Amended: F. Aug. 28, 2001; eff. Sept. 17, 2001.Amended: F. Dec. 8, 2006; eff. Dec. 28, 2006.Amended: Feb. 11, 2009; eff. Mar. 3, 2009.Amended: F. Mar. 25, 2010; eff. Apr. 14, 2010.Amended: F. Dec. 18, 2012; eff. Jan. 7, 2013.Amended: F. Dec. 13, 2013; eff. Jan. 2, 2014.Amended: F. Feb. 5, 2014; eff. Feb. 25, 2014.Amended: F. Dec. 7, 2015; eff. Jan. 1, 2016, as specified by the Agency.Amended: F. Feb. 7, 2018; eff. Mar. 1, 2018, as specified by the Agency.Amended: F. Feb. 10, 2020; eff. Mar. 1, 2020.Amended: F. Feb. 1, 2022; eff. Feb. 21, 2022.Amended: F. June 22, 2022; eff. July 12, 2022.Amended: F. Dec. 6, 2023; eff. Dec. 26, 2023.