O.C.G.A.
O.C.G.A.

O.C.G.A. § 27-4-193 (2019)

Taking shellfish from unapproved growing areas; operating facility for controlled purification of shellfish

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) It shall be unlawful to take or possess shellfish from unapproved growing areas except at such times and places as the department may establish. The department is authorized to close approved growing areas to allow transplanting at any time between January 1 and December 31. It shall be unlawful to engage in transplanting of shellfish from unapproved growing areas without written authorization from the department. Such authorization may condition the transplanting upon compliance with current, sound principles of wildlife research and management. In approving growing areas, the department shall consider such current guidelines as have been established by the National Shellfish Sanitation Program at the time of approval of the growing areas and current, sound principles of wildlife research and management.

(b) It shall be unlawful to build or operate a facility for controlled purification of shellfish without prior written authorization from the department. In issuing such authorization, the department shall consider such current guidelines as have been established by the National Shellfish Sanitation Program and the rules and regulations of the Department of Agriculture at the time of such authorization.

History

(Code 1981, § 27-4-193, enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 1992, p. 6, § 27; Ga. L. 2019, p. 619, § 1/HB 501.)

Annotations

The 2019 amendment, effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, deleted former subsection (a), which read: "As used in this Code section, the term 'approved growing area' means that area or areas approved by the department for shellfish harvesting and 'unapproved growing area' means all other areas."; and redesignated former subsections (b) and (c) as present subsections (a) and (b), respectively.

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.

OPINIONS OF THE ATTORNEY GENERAL

For an update of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file identifying data, see 1991 Op. Att'y Gen. No. 91-35.