Current through Rules and Regulations filed through August 27, 2024
Rule 391-2-4-.02 - Shad Fishing(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 commercial and recreational seasons, days and places; methods of fishing and disposition; and size, creel, and possession limits for shad.(2)Areas Open to Commercial Shad Fishing.(a) Nets shall be set or fished only in flowing water within the banks of the stream channels. Nets may not under any circumstances be set or fished in waters that are not flowing such as in sloughs or dead oxbow lakes.(b) Waters of the Savannah River system open to commercial shad fishing are the Savannah River downstream of the U.S. Highway 301 bridge, Collis Creek, Abercorn Creek, Front River, Middle River, Steamboat River, McCoy's Cut, Housetown Cut, Back River upstream from Corps of Engineers New Savannah Cut, New Savannah Cut, North Channel Savannah River downstream to a line running due south of the easternmost tip of Oyster Bed Island, South Channel Savannah River downstream to a line running from the southeast tip of Cockspur Island to the mouth of Lazaretto Creek, and Elba Island Cut between North and South Channels of the Savannah River.(d) Waters of the Altamaha River system open to commercial shad fishing are the Ohoopee River upstream to the U.S. Highway 1 bridge; the Altamaha River downstream of the from U.S. Highway 1 bridge including Cobb Creek Oxbow, Beards Creek from its mouth upstream to the Long-Tatnall County line (Big Lake), Sturgeon Hole from the Altamaha River to the lower mouth of Harper Slough, Old Woman's Pocket, South Branch, General's Cut, South Altamaha River, Champney River, Butler River, One Mile Cut, Wood Cut, Darien River upstream to the confluence Darien Creek, and Cathead Creek, Buttermilk Sound upstream to the mouth of Hampton River, Hampton River, Altamaha sound to the sound/beach boundary (see 391-2-4-.03), Rockdedundy River, Little Mud River, South River, Back River, North River upstream to Hird Island Creek, and Doboy Sound from the sound/beach boundary upstream to a line from range F1 R4 sec A across buoy R "178" to Sapelo Island. Old River and Mid Slough of the Penholoway River and Ellis Creek are closed to commercial shad fishing.(3)Commercial Shad Fishing Seasons. The commercial shad fishing season shall be open as provided in subparagraphs (a), (b) and (c) of this paragraph from 1 January to 31 March; however, the Commissioner of Natural Resources, in accordance with current, sound principles of wildlife research and management, may at his discretion open or close the season 30 days after 31 March on any or all areas open to commercial shad fishing.(a) The Altamaha River system downstream from the Seaboard Coastline Railroad bridge (at Altamaha Park) will be open to commercial shad fishing Monday through Friday each week. Upstream of this point will be open Tuesday through Saturday each week.(b) The Savannah River system downstream from the I-95 bridge will be open to commercial shad fishing Tuesday through Friday each week. Upstream of the I-95 bridge it will be open Wednesday through Saturday each week.(4)Commercial Gear and Methods for Taking Shad.(a)1. Set nets and drift nets of at least four and one-half inch stretched mesh or trot lines (in accordance with O.C.G.A. 27-4-91) may be used to commercially fish for shad, provided, however, that only drift nets may be used in the Savannah River system downstream of a line between the mouth of Knoxboro Creek and McCoy's Cut at Deadman's Point; Altamaha Sound; and Doboy Sound.2. Nothing in this section shall preclude the commercial use of pole and line gear.(b)1. Set nets must be placed at least six hundred (600) feet apart and shall be limited to one hundred (100) feet in length. All set nets must have one end secured to the stream's bank and be buoyed at the outer (streamward) end so as to be clearly visible to boaters.2. Set and drift nets must be situated so as to follow one-half the stream width open and free for the passage of fish.3. Drift nets shall not be fished closer than three hundred (300) feet apart and shall be limited to a maximum of one thousand (1,000) feet in length in saltwaters.(c) This Rule applies only to American and hickory shad. Game fish other than American shad and hickory shad, and all species of catfish taken in shad nets must be released unharmed into the waters from which they were taken.(d) Notwithstanding any other provision to the contrary, there shall be no possession or creel limit on commercially harvested American shad or hickory shad(5)Recreational Shad Fishing.(a) Recreational shad fishermen are restricted to two poles and lines. Fishermen using more than two poles and lines shall be considered to be fishing commercially.(b) Bow nets shall be considered recreational fishing gear and shall have a minimum legal size of 3 1/2 inches stretched mesh.(c) The maximum recreational daily creel and possession limit shall be eight (8) for any one or a combination of American shad or hickory shad.Ga. Comp. R. & Regs. R. 391-2-4-.02
O.C.G.A. Title 12, Secs. 27-1-4, 27-4-12, 27-4-71.
Original Rule entitled "Commercial Shad Fishing" adopted. F. Dec. 28, 1979; eff. Jan. 17, 1980.Amended: F. Dec. 28, 1983; eff. Jan. 17, 1984.Amended: F. Dec. 2, 1987; eff. Dec. 22, 1987.Amended: F. June 19, 1989; eff. July 9, 1989.Amended: F. Dec. 9, 1994; eff. Dec. 29, 1994.Amended: F. Nov. 4, 2010; eff. Nov. 24, 2010.Amended: New title "Shad Fishing." F. Dec. 18, 2012; eff. Jan. 7, 2013.Amended: F. Dec. 13, 2013; eff. Jan. 2, 2014.Note: Correction of non-substantive typographical error in subparagraph (2)(b), "... Albercorn Creek ..." corrected to ".... Abercorn Creek ...", as requested by the Agency. Effective January 16, 2024.