Rule 391-2-4-.09 - Commercial Fishing. Requirements for Keeping and Reporting Records(1)Purpose. The purpose of these Rules is to implement the authority of the Board of Natural Resources to promulgate rules and regulations to set standards, methods and times for submitting commercial fishing records.(2)Definitions used in this Rule.(a) "Atlantic Coastal Cooperative Statistics Program" means a cooperative state, regional and federal agency initiative designed to coordinate, improve and standardize commercial and recreational seafood harvest data collection and management for the Atlantic coast.(b) "Commercial crab harvester" means anyone who is licensed or authorized by the state to fish for crabs for commercial purposes pursuant to O.C.G.A. 27-4-150.(c) "Commercial fishing records" means the information on the form approved by, or provided by, the Department to seafood dealers and commercial seafood harvesters who are required to report the purchase, landing or harvest of seafood pursuant to this rule.(d) "Commercial seafood harvester" means anyone who sells or barters any portion of the catch from any fishing trip.(e) "Commercial shrimp castnet harvester" means anyone who is licensed by the state to fish for shrimp with castnet gear for commercial purposes pursuant to O.C.G.A. 27-4-205.(f) "Department" means the Department of Natural Resources, Coastal Resources Division.(g) "Fishing trip" means the time during which a person is actively engaged in fishing, or in water-based activities in support of fishing, regardless of platform.(h) "Marine fishery product" means seafood as defined in O.C.G.A. 27-1-2(63).(i) "Seafood dealer" means any person or entity other than the final consumer who purchases, ships, consigns, transfers, barters, accepts, maintains, or packs any marine fishery products received from commercial seafood harvesters or marine aquaculturists for the first time and is licensed as such pursuant to O.C.G.A. 27-4-136. Where any commercial crab, seafood, or shrimp castnet harvester or marine aquaculturist sells, consigns, transfers, or barters marine fishery products to anyone other than a Georgia seafood dealer licensed pursuant to O.C.G.A. 27-4-136, such commercial crab, seafood, or shrimp castnet harvester or marine aquaculturist is himself acting as a seafood dealer and is subject to all requirements associated therewith including but not limited to the reporting requirements of this Rule and the licensing provisions of O.C.G.A. 27-4-136.(j) "Landed" means to bring fish to shore in this state, regardless of the jurisdiction from which they were taken or harvested.(3)Persons required to report commercial fishing records.(a) All seafood dealers, are required to report fishing trip level records on a monthly basis directly to the Department as specified below.(b) All commercial crab, seafood, and shrimp castnet harvesters shall submit fishing trip level records to the seafood dealer at the time of transaction as specified below. Such fishing trip level records must be recorded at the time of the transaction on forms approved by the Department.(4)Methods. Monthly commercial fishing records are to be submitted on a form supplied by the Department or on an alternate form approved by the Department. All requests for approval of an alternate form must be submitted to the Department in writing with a copy of the proposed alternate form attached or included with the request. The alternate form must provide identical information and follow the same format as the Department form. Upon receipt of a request for approval of an alternate form, the Department will review the form for the required information within 5 days of the receipt of the request. All persons that use an approved alternate form shall be responsible for all costs associated with the printing and use of such forms. Forms approved by participating Atlantic Coastal Cooperative Statistics Program will be accepted by the Department.(5)Times. Seafood dealers are required to submit written monthly commercial fishing records to the Department by the tenth day of the subsequent month. These records may be hand delivered or submitted via mail, or electronically. Permission to submit records electronically must be obtained from the Department. All other commercial seafood harvesters are required to submit fishing trip level records directly to the seafood dealer at the time of transaction.(6)Commercial Fishing Record Content.(a) Seafood Dealer. At the time of the transaction the seafood dealer is required to record the information referenced below. All information must be complete and accurate. Reporting records of subsequent sales between dealers is not required. The information contained in the record shall include the following: 1. Trip date - date the fishing trip started.2. Vessel ID - Coast guard documentation or state registration number.3. Individual ID - Personal commercial fishing license number4. Trip number - used only if there is more than one fishing trip per day5. Species - each species landed, sold, or discarded6. Quantity - the amount of each species landed, sold or discarded7. Units of measurement - landed units (pounds, each, bushels, etc)8. Disposition - food, bait, pet food, personal use9. Ex-vessel value or price - dollar value or price per unit of species sold10. County or port landed - location where product was unloaded (dock, boat ramp)11. State landed - state where product was landed12. Dealer ID - dealer identification number13. Unloading date - the date of landing at the dealer14. Market - market category that effects the price (count size etc)15. Grade - landing condition that affects price (fillet, gutted)16. Gear - type of gear used to catch landed species17. Quantity of gear - number of pots, etc.18. Days at sea - days from the start of the fishing trip to dock in days and hours19. Number of crew - number including captain20. Fishing time - total amount of time gear was in the water21. Area fished - specific area within water body where fishing occurred22. Number of sets - total number of sets or tows per trip(b) Commercial Crab, Seafood, or Shrimp Castnet Harvesters. Commercial fishing records for each fishing trip made by commercial crab, seafood, or shrimp castnet harvesters must be submitted to the seafood dealer to whom the product was sold at the time of the transaction. Commercial fishing records submitted to the seafood dealer by commercial crab, seafood, or shrimp castnet harvesters must contain all of the information specified in subparagraphs (6)(a)(1) through (6)(a)(22) above. All information must be complete and accurate.(7)Penalties. Pursuant to O.C.G.A. Sections 27-1-36 and 27-2-25, failure to comply with the provisions of this rule may result in a civil penalty imposed by the commissioner of up to $1000.00 and/or a suspension of or refusal to renew the person's commercial fishing license for up to two years.(8)Commercial Crab Harvester License Renewal. Any commercial crab harvester who has not submitted all harvest records for the previous year, as required by this rule, shall be ineligible for license renewal until such time as the required records have been submitted and all penalties paid.Ga. Comp. R. & Regs. R. 391-2-4-.09
O.C.G.A. Title 12, §§ 27-1-4, 27-1-36, 27-2-25, 27-4-118, 27-4-136, 27-4-150.
Original Rule entitled "Commercial Fishing. Requirements for Keeping and Reporting Records" adopted. F. Sept. 24, 1998; eff. Oct. 14, 1998.Amended: F. Dec. 14, 2017; eff. Jan. 3, 2018.