Georgia Commons

Official Code of Georgia Annotated

Title 27. GAME AND FISH · Chapter 4. FISH · Article 4. SEAFOOD · Part 4. SHELLFISH

27-4-188. Definitions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. As used in this part, the term:

  2. (1)

    “Approved growing area” means that area or areas approved by the department in conformance with the National Shellfish Sanitation Program which supports or could support the propagation of wild or maricultured shellfish that may be harvested and directly marketed for human consumption.#

  3. (2)

    “Approved shellfish pathologist” means a pathologist approved by the department.#

  4. (2.1)

    “Cage” means a containment unit of any size that contains or may contain shellfish for commercial sale. For a larger outer unit which holds smaller units inside, the entire unit shall be treated as a single cage.#

  5. (3)

    “Certified firms” means those firms certified by the Department of Agriculture and includes, but is not limited to, certified dealers, shellstock shippers, shuckers or packers, repackers, reshippers, depuration processors, and wholesalers.#

  6. (4)

    “Culch” means, but is not limited to, oyster shells, clam shells, and other shellfish shells when those shells originated from Georgia salt waters; oak brush, cement coated shingles, nongalvanized wire fencing, small gravel, and any other material approved by the department.#

  7. (5)

    “Culch material” means that material which is approved by the department and which is conducive to larval oyster attachment.#

  8. (6)

    “Director” means the director of the Coastal Resources Division of the Department of Natural Resources.#

  9. (7)

    “Harvester” means a person who is authorized by the department to harvest shellfish for commercial purposes at the request of a master harvester.#

  10. (8)

    “Intertidal” means the area of the marine shoreline that is exposed to air at mean low tide and covered with seawater at mean high tide.#

  11. (9)

    “Management plan” means a detailed plan submitted by the master harvester describing all activities related to shellfish production and marketing over the term of a shellfish lease, as approved by the department.#

  12. (10)

    “Master harvester” means a person who has acquired a lease with permission to grow or harvest shellfish from the state or from an owner with exclusive rights to shellfish pursuant to Code Sections 44-8-6 through 44-8-8, who has been permitted by the department.#

  13. (11)

    “Operational plan” means a detailed annual plan submitted by the master harvester or shellfish hatchery and nursery, specifying all processes and activities related to shellfish mariculture, as approved by the department.#

  14. (12)

    “Shellfish hatchery and nursery” means a facility where shellfish are artificially bred, hatched, or reared.#

  15. (13)

    “Shellfish mariculture” means the controlled cultivation of shellfish in confinement from seed size until harvest for commercial purposes.#

  16. (14)

    “Shellfish seed” means juvenile shellstock intended for growth to market size.#

  17. (15)

    “Shellstock” means live molluscan shellfish in the shell.#

  18. (16)

    “Subtidal” means the area of the marine shoreline that is below mean low tide and is covered with seawater at all stages of the tide.#

  19. (17)

    “Unapproved growing areas” means all those areas other than approved growing areas.#

  20. (18)

    “Water bottoms” means the lands within this state covered at mean high water from the salt water and fresh water demarcation line seaward to the state boundary.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 27-4-188, enacted by Ga. L. 2019, p. 619, § 1/HB 501; Ga. L. 2024, p. 429, § 6/HB 244, effective July 1, 2024.

Effective date

This Code section became effective May 6, 2019, for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and became effective on March 1, 2020, for all other purposes.

Amendments

The 2024 amendment, effective July 1, 2024, added paragraph (2.1). See Editor’s notes for applicability.

Editor's notes

Ga. L. 2024, p. 429, § 11/HB 244, not codified by the General Assembly, provides that, for purposes of promulgating rules and regulations, paragraph (2.1) became effective April 25, 2024.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t27-t30-(v22)-pdf.pdf, Volume V22, 2018 edition, 2025 supplement, pages 97 to 99; merge action: added; file SHA-256 b54071b79715.

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