HB172.html

To amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to define a certain term; to provide for the opening and closing of the waters of the state to the taking of horseshoe crabs for bait; to limit the taking of horseshoe crabs for bait to persons who possess a valid personal commercial fishing license; to prohibit the taking and possession of more than 25 horseshoe crabs; to provide for interstate transport of horseshoe crabs; to provide for the taking and possession of horseshoe crabs for medical purposes pursuant to a permit issued by the Department of Natural Resources; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Said title is further amended by inserting immediately following Code Section 27-4-171 a new Code section to read as follows:
"27-4-172.
(a) All salt waters of this state are closed to the taking of horseshoe crabs for bait except during those times when the salt waters or portions thereof are opened to the taking of shrimp, whelk, or blue crab by trawling pursuant to Code Section 27-4-133.
(b) It shall be unlawful for any person to engage in the taking of horseshoe crabs to be sold or used for bait or to engage in the sale of horseshoe crabs for bait unless the person possesses a valid personal commercial fishing license as provided in Code Section 27-2-23.
(c) It shall be unlawful for any person taking horseshoe crabs pursuant to this Code section to take or possess more than 25 horseshoe crabs at any one time or for there to be on board the boat used for the taking more than 75 horseshoe crabs at any one time, whichever is less; provided, however, that the taking or catching of horseshoe crabs incidentally during legal fishing operations of other marine species shall not be a violation of this Code section if the horseshoe crabs so taken in excess of the limits set forth in this Code section are immediately returned to the water from which they were taken without being intentionally or negligently harmed by the taker or the equipment being used.
(d) This Code section shall not prohibit the taking or possession of horseshoe crabs for the purpose of collecting horseshoe crab blood for the production of amebocyte lysate or other approved medical uses, so long as the taker and possessor have permits issued by the Department of Natural Resources authorizing such taking or possession and the horseshoe crabs are handled so as to minimize injury to the horseshoe crabs. Horseshoe crabs may be taken and possessed pursuant to a medical takings permit without regard to the possession limit set forth in subsection (c) of this Code section or whether or not the salt waters from which they are taken are open or closed for the taking of horseshoe crabs for bait. Horseshoe crabs taken and possessed pursuant to a medical takings permit must be returned unharmed to state waters of comparable salinity and water quality as soon as is feasible after collection of their blood.
(e) This Code section shall not prohibit the interstate import of horseshoe crabs provided that a bona fide bill of lading accompanies such horseshoe crabs as proof that such horseshoe crabs were not taken or transported in violation of this Code section or the laws of the jurisdiction from which the horseshoe crabs originated."