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Subject 391-4-3 FISHING REGULATIONS

Rule 391-4-3-.01 Effective Date

These provisions shall become effective upon compliance with the Georgia Administrative Procedure Act and continue in force and effect until changed or repealed.

Rule 391-4-3-.02 Fishing for Non-game Species

Except as otherwise provided by law or rule and regulation, it shall be lawful to take any non-game species of fish.

Rule 391-4-3-.03 Seasons and Trout Water Designations

(1) The season for taking striped bass and for spearfishing shall be November 1 through April 30 in:
(a) The Flint River and its tributaries from the Georgia Power Company dams at Albany to the U.S. Highway 84 bridge in Bainbridge;
(b) The Chattahoochee River and its tributaries from the Columbia Lock and Dam to the Georgia Highway 91 bridge at the upper end of the Lake Seminole; and
(c) Spring Creek and its tributaries down to Georgia Highway 253 in Lake Seminole.
(2) The season for all fishing shall be from November 1 through April 30 in the marked areas around the following springs in Lake Seminole:
(a) Sealey's Spring near Sealey's Point;
(b) Whiddon's Spring near Flint River mile 8.2;
(c) Wheat Spring near Flint River mile 24;
(d) State Dock Spring near Flint River mile 26; and
(e) Shackleford Spring near Flint River mile 6.8.
(3) The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, trout waters and shall be open for trout fishing throughout the year:
(a) Bartow County:
1. Boston Creek watershed upstream from Georgia Highway 20;
2. Connesena Creek watershed;
3. Dykes Creek watershed;
4. Pine Log Creek watershed;
5. Pyle Creek watershed;
6. Salacoa Creek watershed;
7. Spring Creek watershed;
8. Stamp Creek watershed upstream from Bartow County Road 269;
9. Toms Creek watershed upstream from Bartow County Road 82;
10. Two Run Creek watershed; and
11. Ward Creek watershed;
(b) Carroll County: Tallapoosa River watershed north of Interstate Highway 20, not including Little Tallapoosa River watershed;
(c) Catoosa County:
1. Dry Creek watershed, which is a part of the East Chickamauga Creek watershed, upstream of Catoosa County Road 257;
2. Hurricane Creek watershed upstream from Peters Branch;
3. Little Chickamauga Creek watershed upstream from Catoosa County Road 387; and Creek watershed;
(e) Cherokee County:
1. Bluff Creek watershed upstream from Cherokee County Road 114;
2. Boston Creek watershed;
3. Pine Log Creek watershed;
4. Salacoa Creek watershed;
5. Soap Creek watershed upstream from Cherokee County Road 116;
6. Stamp Creek watershed; and
7. Wiley Creek watershed;
(f) Cobb County: Chattahoochee River upstream from the mouth of Peachtree Creek;
(g) Dade County:
1. Allison Creek watershed;
2. East Fork Little River watershed;
3. Lookout Creek watershed, upstream from Dade County Road 197; and
4. Rock Creek watershed;
(h) Dawson County:
1. Amicalola Creek watershed upstream from Georgia Highway 53;
2. Anderson Creek watershed;
3. Long Swamp Creek watershed;
4. Nimblewill Creek watershed;
5. Shoal Creek watershed upstream from the mouth of Burt Creek; and
6. Sweetwater Creek watershed;
(i) Fannin County:
1. Charlie Creek watershed;
2. Conasauga River watershed;
3. Ellijay River watershed;
4. Etowah River watershed;
5. Fightingtown Creek watershed;
6. Flat Creek watershed;
7. Jacks River watershed;
8. Mountaintown Creek Watershed;
9. Owenby Creek watershed;
10. Persimmon Creek watershed;
11. Rock Creek Lake;
12. South Fork Rapier Mill Creek watershed;
13. Star Creek watershed;
14. Toccoa River watershed downstream from Lake Blue Ridge to the Georgia-Tennessee boundary and upstream from the mouth of Stanley Creek;
15. Tumbling Creek watershed; and
16. Wilscot Creek watershed;
(j) Floyd County:
1. Dykes Creek watershed;
2. Johns Creek watershed upstream from Floyd County Road 212;
3. Kings Creek watershed;
4. Lavender Creek watershed upstream from Floyd County Road 893;
5. Little Cedar Creek watershed;
6. Mt. Hope Creek watershed;
7. Silver Creek watershed upstream from Georgia Highway 1E (Floyd County Road 631);
8. Spring Creek watershed, which flows into Etowah River; and
9. Toms Creek watershed;
(k) Forsyth County: Chattahoochee River
(l) Fulton County: Chattahoochee River upstream from the mouth of Peachtree Creek;
(m) Gilmer County:
1. Ball Creek watershed;
2. Cartecay River watershed;
3. Conasauga River watershed, not including Jacks River watershed;
4. Coosawattee River from confluence of Cartecay and Ellijay rivers downstream to old Georgia Highway 5 bridge (Gilmer County Road 239);
5. Ellijay River watershed;
6. Fightingtown Creek watershed;
7. Harris Creek watershed;
8. Johnson Creek watershed;
9. Mountaintown Creek watershed;
10. Noontootla Creek watershed;
11. Sevenmile Creek watershed;
12. Tails Creek watershed;
13. Town Creek watershed;
14. Wildcat Creek watershed; and
15. All other streams or parts of streams not listed in this subparagraph, except:
(i) Coosawattee River downstream from old Georgia Highway 5 (Gilmer County Road 239);
(ii) Talking Rock Creek; and
(iii) Tributaries to Carters Reservoir not listed in this subparagraph;
(n) Gordon County:
1. Johns Creek watershed upstream of Floyd County Road 212;
2. Pin Hook Creek watershed upstream from Gordon County Road 275;
3. Pine Log Creek watershed upstream from Georgia Highway 53;
4. Rocky Creek watershed upstream from Gordon County Road 210;
5. Salacoa Creek watershed upstream from U.S. Highway 411; and
6. Snake Creek watershed;
(o) Gwinnett County: Chattahoochee River;
(p) Habersham County:
1. Amy's Creek watershed upstream from Georgia Highway 17;
2. Chattahoochee River watershed upstream from the Georgia Highway 255 crossing of the Chattahoochee River;
3. Liberty Creek watershed;
4. Middle Fork Broad River watershed;
5. Nancytown Creek watershed upstream from Nancytown Lake;
6. North Fork Broad River watershed;
7. Panther Creek watershed;
8. Roberts Branch watershed;
9. Soque River watershed upstream from the mouth of Deep Creek; and
10. Toccoa Creek watershed;
(q) Haralson County:
1. Flatwood Creek watershed;
2. Lassetter Creek watershed;
3. Mann Creek watershed upstream from Haralson County Road 162;
4. Tallapoosa Creek watershed; and
5. Tallapoosa River watershed upstream from County Road 222;
(r) Hart County: Savannah River from Hartwell Dam downstream to Richard B. Russell Lake;
(s) Lumpkin County:
1. Amicalola Creek watershed;
2. Cane Creek watershed upstream from the Georgia Highway 52 bridge;
3. Cavender Creek watershed;
4. Chestatee River watershed upstream from the mouth of Tesnatee Creek;
5. Dockery Lake;
6. Etowah River watershed upstream from Castleberry Bridge;
7. Shoal Creek watershed; and
8. Yahoola Creek watershed upstream from Georgia Highway 52;
(t) Murray County:
1. Conasauga River watershed upstream from the Georgia-Tennessee state line;
2. Holly Creek watershed upstream from the mouth of Dill Creek, including Dill Creek watershed;
3. Jacks River watershed;
4. Mill Creek watershed upstream from Murray County Road 27;
5. Mill Creek (Hasslers Mill Creek) watershed, which is within Holly Creek watershed;
6. North Prong Sumac Creek watershed;
7. Rock Creek watershed, the most southern of two Rock Creek watersheds which are in the Holly Creek watershed, upstream from Murray County Road 4;
8. Rock Creek watershed, the most northern of two Rock Creek watersheds which are in the Holly Creek watershed, upstream from Murray County Road 301;
9. Sugar Creek watershed upstream from Murray County Road 4; and
10. Sumac Creek watershed upstream from Coffey Lake;
(u) Paulding County:
1. Possum Creek watershed upstream from Paulding County Road 64;
2. Powder Creek (Powder Springs Creek) watershed;
3. Pyle Creek watershed;
4. Pumpkinvine Creek watershed upstream from Paulding County Road 231;
5. Raccoon Creek watershed upstream from State Route 2299 (Paulding County Road 471);
6. Tallapoosa River watershed;
7. Thompson Creek watershed; and
8. Ward Creek watershed;
(v) Pickens County:
1. Amicalola Creek watershed;
2. Ball Creek watershed;
3. Bluff Creek watershed;
4. Cartecay River watershed;
5. Clear Creek watershed;
6. Cove Creek watershed upstream from Pickens County Road 294;
7. Fausett Creek watershed;
8. Fisher Creek watershed;
9. Hobson Creek watershed;
10. Little Scarecorn Creek watershed;
11. Long Swamp Creek watershed, including Darnell Creek watershed, upstream from Cove Creek;
12. Mud Creek watershed;
13. Pin Hook Creek watershed;
14. Rock Creek watershed;
15. Salacoa Creek watershed;
16. Scarecorn Creek watershed upstream from Georgia Highway 53;
17. Sevenmile Creek watershed;
18. Sharp Mountain Creek watershed;
19. Soap Creek watershed;
20. Talking Rock Creek watershed upstream from Road S1011 (Georgia Highway 136);
21. Town Creek watershed;
22. Turkey Creek watershed; and
23. Wildcat Creek watershed;
(w) Polk County:
1. Cedar Creek watershed upstream from Polk County Road 121;
2. Lassetter Creek watershed;
3. Little Cedar Creek watershed;
4. Pumpkinpile Creek watershed upstream from Polk County Road 437;
5. Silver Creek watershed;
6. Spring Creek watershed;
7. Swinney Creek watershed;
8. Thomasson Creek watershed; and
9. Thompson Creek watershed upstream of Polk County Road 441;
(x) Rabun County:
1. Bad Branch watershed (flows into Lake Seed);
2. Bad Creek watershed (flows into Tugaloo Lake);
3. Bridge Creek watershed;
4. Chattooga River upstream from the mouth of Warwoman Creek;
5. Crow Creek watershed (flows into Lake Seed; includes Slick Shoal Creek);
6. Dicks Creek watershed (flows into Lake Burton);
7. Dickenson Branch (flows into Lake Burton);
8. Falls Branch watershed (flows into Lake Rabun);
9. Flat Creek watershed;
10. Joe Creek watershed (flows into Lake Rabun);
11. LaCounts Creek watershed (flows into Lake Seed);
12. Little Tennessee River watershed upstream from the North Carolina state line;
13. Moccasin Creek watershed;
14. Popcorn Creek watershed;
15. Seals Creek watershed (flows into Lake Seed);
16. Stekoa Creek watershed;
17. Tallulah River watershed upstream from Lake Burton;
18. Timpson Creek watershed;
19. Warwoman Creek watershed;
20. West Fork Chattooga River watershed;
21. Wildcat Creek watershed;
22. Worse Creek watershed (flows into Tugaloo Lake); and
23. All other streams or parts of streams not listed in this subparagraph, except:
(i) The Tallulah River downstream from Lake Burton Dam; and
(ii) Tributaries to Burton, Seed, Rabun, Tallulah Falls, Tugaloo and Yonah reservoirs not listed in this subparagraph;
(y) Stephens County:
1. Little Toccoa Creek watershed;
2. Middle Fork Broad River watershed upstream from NRCS flood control structure No.44;
3. North Fork Broad River watershed upstream from NRCS flood control structure No. 1;
4. Panther Creek watershed; and
5. Toccoa Creek watershed upstream from Toccoa Falls;
(z) Towns County:
1. Bearmeat Creek watershed;
2. Bell Creek watershed;
3. Brasstown Creek watershed;
4. Bugscuffle Branch watershed (Allen Mill Creek);
5. Burch Branch watershed;
6. Fodder Creek watershed;
7. Hightower Creek watershed;
8. Hiwassee River watershed downstream to Towns County Road 87;
9. Hog Creek watershed;
10. Shake Rag Branch watershed;
11. Tallulah River watershed; and
12. All other streams or parts of streams not listed in this subparagraph, except:
(i) Hiwassee River downstream from Towns County Road 87; and
(ii) Tributaries to Chatuge Reservoir not listed in this subparagraph;
(aa) Union County:
1. Bracket Creek watershed;
2. Brasstown Creek watershed;
3. Butler Creek watershed;
4. Camp Creek watershed;
5. Conley Creek watershed;
6. Coosa Creek watershed;
7. Ivylog Creek watershed;
8. Kiutuestia Creek watershed;
9. Low Creek watershed;
10. Nottely River watershed upstream from Nottely Reservoir
11. Toccoa River watershed;
12. Youngcane Creek watershed; and
13. All other streams or parts of streams not listed in this subparagraph, except;
(i) Butternut Creek watershed;
(ii) Nottely River downstream from Nottely Dam; and
(iii) Tributaries to Nottely Reservoir not listed in this subparagraph;
(bb) Walker County:
1. Allen Creek watershed;
2. Chappel Creek watershed;
3. Chattanooga Creek watershed upstream from Walker County Road 235;
4. Concord Creek watershed;
5. Dry Creek watershed, which is a tributary to East Armuchee Creek;
6. Duck Creek watershed;
7. East Fork Little River watershed, which flows into Dade County;
8. East Fork Little River watershed, which flows into Chattooga County, including Gilreath Creek;
9. Furnace Creek watershed;
10. Gulf Creek watershed;
11. Harrisburg Creek watershed, including Dougherty Creek watershed, upstream from Dougherty Creek;
12. Johns Creek watershed;
13. Left Fork Coulter Branch watershed;
14. Little Chickamauga Creek watershed;
15. Rock Creek watershed, including Sawmill Branch, upstream from Sawmill Branch;
16. Ruff Creek watershed;
17. Snake Creek watershed;
18. West Armuchee Creek watershed; and
19. West Chickamauga Creek watershed upstream from Walker County Road 107;
(cc) White County:
1. Chattahoochee River watershed upstream from the Georgia Highway 255 crossing of the Chattahoochee River;
2. Little Tesnatee Creek watershed upstream from the mouth of Turner Creek;
3. Town Creek watershed upstream from the mouth of Jenny Creek; and
4. Turner Creek watershed, which is the Turner Creek watershed nearest to Cleveland city limits;
(dd) Whitfield County:
1. Coahulla Creek watershed upstream from Whitfield County Road 183;
2. Dry Creek watershed, which is a part of East Chickamauga Creek watershed;
3. Snake Creek watershed;
4. Spring Creek (Deep Spring Creek) watershed;
5. Swamp Creek watershed upstream from Whitfield County Road 9; and
6. Tiger Creek watershed.
(4) The season for taking lake sturgeon from the Coosa River and its tributaries shall be closed.
(5) Except as otherwise provided by law or rule or regulation, all other seasons for taking fish in freshwater shall be open and continuous.

Rule 391-4-3-.04 Waters Open to Commercial Fishing

Except as otherwise provided by law or rule and regulation, all waters shall be open to commercial fishing except:

(a) The Coosa River, from the confluence of the Etowah and Oostanaula Rivers to the Georgia-Alabama Boundary line and all streams flowing into the Coosa River between those two points shall be closed to commercial fishing;
(b) That portion of Lake Weiss located in Georgia shall be closed to commercial fishing;
(c) The Oostanaula River from the State Highway 156 bridge to the confluence of the Oostanaula and Etowah Rivers and all streams flowing into the Oostanaula River between those two points shall be closed to commercial fishing; and
(d) The Etowah River from the U.S. Highway 411 bridge downstream to the confluence of the Etowah and the Oostanaula Rivers and all streams flowing into the Etowah River between those two points shall be closed to commercial fishing.
(e) As to the taking of freshwater mussels, see Rule 391-4-3-.10(4)(a).

Rule 391-4-3-.05 Creel and Possession Limits

In keeping with sound principles of wildlife research and management, creel and possession limits shall be the following:

(1) Ten (10) of any one or a combination of the following species, except only one (1) fish may be greater than twenty two (22) inches from Lake Lindsay Grace:
(a) Largemouth bass;
(b) Smallmouth bass;
(c) Shoal bass;
(d) Suwannee bass;
(e) Spotted bass or Kentucky bass;
(f) Redeye or Coosa bass.
(2) Eight (8) of any one or a combination of the following species, except only one (1) from Waters Creek:
(a) Rainbow trout;
(b) Brook trout;
(c) Brown trout.
(3) Fifteen (15) of any one or a combination of the following species; provided, however, only two (2) fish may be twenty-two (22) inches or longer in length:
(a) White bass;
(b) Striped bass;
(c) Striped-white bass hybrids.
(4) Notwithstanding the provisions of paragraph (3) to the contrary, from the North Newport River, the Medway River including Mount Hope Creek, the Little Ogeechee River, the Ogeechee River, the Oconee River downstream of Georgia Highway 22 in Milledgeville, the Ocmulgee River downstream of the Georgia Highway 96 bridge between Houston and Twiggs counties, the Altamaha River, and the Satilla River; from the tributaries to such described sections; and from salt water as defined in O.C.G.A. 27-4-1 two (2) of any one or a combination of the following species each of which must be twenty-two (22) inches or longer:
(a) White bass;
(b) Striped-white bass hybrids;
(c) Striped bass.
(5) Notwithstanding the provisions of paragraph (3) to the contrary, from the Savannah River and its tributaries downstream of J. Strom Thurmond Dam two (2) of any one or a combination of the following species each of which must be twenty-seven (27) inches or longer:
(a) White bass;
(b) Striped-white bass hybrids;
(c) Striped bass.
(6) Fifty (50) of any one or a combination of the game species, as defined by O.C.G.A. 27-1-2 of bream or sunfish;
(7) Eight (8) walleye (walleyed pike);
(8) Eight (8) sauger;
(9) Fifteen (15) of any one or a combination of the following species of pickerel:
(a) Chain;
(b) Grass;
(c) Redfin.
(10) Thirty (30) of any one or a combination of the following species:
(a) Black crappie;
(b) White crappie.
(11) Eight (8) of any one or a combination of the following species:
(a) American shad;
(b) Hickory shad.

Rule 391-4-3-.06 Size Limits

(1) Pursuant to O.C.G.A. § 27-4-10 and in keeping with sound principles of wildlife research and management, fish of the following sizes may not be taken.
(a) It shall be unlawful to take or possess largemouth bass as follows:
1. Less than fourteen inches (14") in total length from Lake Oconee;
2. Less than fourteen inches (14") in total length from West Point Reservoir;
3. Less than fourteen inches (14") in total length from all public fishing areas operated by the

Department; provided, however, this shall not apply to lakes at public fishing areas which have been posted as having a different length limit for largemouth bass;

4. Less than fourteen inches (14") in total length from Walter F. George Reservoir;
5. Less than fourteen inches (14") in total length from Lake Blackshear;
6. Less than fourteen inches (14") in total length from Lake Lanier; and
7. From fifteen inches (15") to twenty two inches (22") in total length from Lake Lindsay Grace in Wayne County.
8. Less than twelve inches (12") in total length from all other waters of this state; provided, however, there shall be no limitations on the sizes of largemouth bass taken from lakes Burton, Juliette on the Rum Creek Wildlife Management Area, and Blue Ridge.
(b) It shall be unlawful to take or possess spotted bass less than fourteen inches (14") in total length from Lake Lanier.
(c) It shall be unlawful to take or possess shoal bass less than fourteen inches (14") in total length from Lake Lanier.
(d) It shall be unlawful to take or possess shoal bass less than twelve inches (12") in total length from the Flint River or any of its tributary streams downstream of Warwick Dam.
(e) It shall be unlawful to take or possess shoal bass less than fifteen inches (15") in total length from the Flint River or any of its tributary streams upstream of Warwick Dam.
(f) It shall be unlawful to take or possess brook trout less than eighteen inches (18") in total length or rainbow or brown trout less than twenty-two inches (22") in total length from Waters Creek upstream from its junction with Dick's Creek.
(g) It shall be unlawful to take or possess mountain trout less than sixteen inches (16") in total length from Noontootla Creek or its tributaries within the Blue Ridge Wildlife Management Area.
(2) Except as otherwise provided by law, rule or regulation, there shall be no other size limits on freshwater fish species listed in O.C.G.A. § 27-4-10.

Rule 391-4-3-.07 Fishing on and Using State Owned or Operated Property

(1) No person shall fish in that portion of Moccasin Creek from Lake Burton Hatchery water intake downstream to a sign marking the approximate normal pool level of Lake Burton, except those persons under twelve (12) years of age and those persons holding honorary fishing licenses.
(2) On Wednesdays, Saturdays and Sundays only, persons may fish in Dukes Creek and its tributaries on the Smithgall Woods-Dukes Creek Conservation Area, including the Highway 75 Alternate right-of-way, after obtaining a permit from the Department. Registered guests of the Smithgall Woods-Dukes Creek Conservation Area may fish in Dukes Creek and its tributaries on the Smithgall Woods-Dukes Creek Conservation Area upstream from the Georgia Highway 75 Alternate Bridge any day they are registered as guests. The Department may close certain portions of Dukes Creek or its tributaries on the Smithgall Woods-Dukes Creek Conservation Area, including the Highway 75 Alternate right-of-way, to fishing at any time for fisheries management purposes.
(3) Persons may not fish from service piers at boat ramps owned or operated by the department which have been posted with a sign stating that fishing is prohibited.
(4) Open containers of alcoholic beverages are prohibited at boat ramps and fishing piers owned or operated by the department where signs have been posted stating said prohibition. This provision does not apply to national forest lands.

Rule 391-4-3-.08 Management Area Trout Streams

(1) No person shall fish in Waters Creek on the Chestatee Wildlife Management Area except on Wednesdays, Saturdays, and Sundays between 6:30 a.m. and 6:30 p.m. EST (6:30 a.m. and 7:30 p.m. EDT).
(2) No person shall take more than three (3) trout from Waters Creek from January 1 to December 31 of each year.

Rule 391-4-3-.09 Public Fishing Areas

(1) Drivers of vehicles parking at the Rocky Mountain public fishing area must obtain a daily or annual Rocky Mountain public fishing area parking permit (which is not a Parks, Recreation and Historic Sites Division Parking Pass).
(2) On ponds or portions of ponds where fisheries resources are limited, area managers may limit fishing to persons under 16 years of age by posting a sign at the pond which indicates said limitations.
(3) Except as provided by O.C.G.A. § 27-4-11.1, the creel and possession limits for fish caught from public fishing areas shall be the following:
(a) Fifteen (15) of any one or a combination of the game species of bream or sunfish;
(b) Five (5) largemouth bass;
(c) Five (5) channel catfish;
(d) All grass carp must be immediately returned to the waters from which they were caught unless otherwise posted; and
(e) All fish or designated fish species taken from ponds and lakes posted as open only to catch and release fishing must be immediately returned to the waters from which they were taken. Possession of fish or designated fish species in ponds and lakes open only to catch and release fishing is not allowed.
(4) Camping shall not be allowed on public fishing areas except under the following circumstances:
(a) All camps or fires shall be in designated campgrounds unless otherwise posted, and all campers must comply with any conditions or use as posted or provided by the site;
(b) Any activity that disturbs other campers between the hours of 10:00 p.m. and 7:00 a.m. is prohibited;
(c) No musical instrument, radio, television or other noise making device may be used after 10:00 p.m. or before 7:00 a.m. in such a manner that it may be heard by other campers;
(d) Occupancy of campsites is limited to fourteen consecutive days. Any camper who has used a campsite for 14 consecutive days must vacate the camping area for a period of not less than 7 days before again occupying a campsite;
(e) Any tents, trailers, automobiles, other vehicles or other personal property left unattended at the campsite overnight or beyond the designated time limit shall be removed and any expenses, including towing charges, incurred by such removal shall be paid by the person under whose name the campsite is registered;
(f) Dishwashing is prohibited at drinking faucets and at comfort stations;
(g) Picnic supplies and other personal property shall not be left unattended in the picnic shelters;
(h) Campers may cut only dead and fallen trees for firewood to be used on the area;
(i) Persons who wish to camp on areas where gates are usually locked at night must contact area managers in advance to make arrangements for camping; and
(j) Rules for camping on wildlife management areas shall apply on areas which are both public fishing areas and wildlife management areas; and
(k) Camping on the Rocky Mountain public fishing area is prohibited except from April 1 until October 31, and except at other times as designated by the public fishing area manager for special purposes.
(5) Persons may not fish with any gear other than pole and line, as the term is defined in O.C.G.A. § 27-1-2(51), and no person shall fish with more than two poles and lines at any public fishing area:
(6) Unless night fishing is posted as permitted, persons may not fish at any public fishing area except during the time between sunrise and sunset.
(7) Persons may not use or possess live fish for bait at any public fishing area except in lakes or ponds posted as being open to the use of live fish for bait.
(8) Except as provided herein, persons may not operate any vessel as defined in O.C.G.A. § 52-7-3 on any public fishing area owned or operated by the department; provided, however, that fishing boats propelled by paddles, oars, or electric motors may be used on ponds or lakes unless they are posted as being closed to the use of such fishing boats, and provided further, that:
(a) Persons may operate any fishing boat being propelled by a motor at idle speed on any public fishing area lake designated open to the use of fishing boats with motors; and
(b) Personal watercraft (jet skis), sailboats and sailboards are not permitted on any public fishing area lake; and
(9) Persons may not utilize the waters of any public fishing area for recreational swimming; provided, however, this subsection shall not apply to the designated beach area at Rocky Mountain Public Fishing Area between Memorial Day and Labor Day during the hours designated by the public fishing area manager.
(10) No person may consume or use alcoholic beverages on any public fishing area except in designated facilities or at campsites on these areas; provided, however, no alcoholic beverages are allowed on the Rocky Mountain Public Fishing Area.
(11) No horses are allowed on public fishing areas except in those areas designated as open to equestrian use.
(12) Persons may not rappel, rock climb or hang glide on the Rocky Mountain public fishing area.
(13) No person shall disobey any lawful order of a law enforcement officer or the area manager.
(14) If hunting is authorized, hunters may access specified portions of the public fishing area during legal hunting hours for the purpose of hunting.
(15) Notwithstanding any other provision of this Rule 391-4-3-.09 to the contrary, Department sponsored special events are authorized on public fishing areas twenty-four hours a day, subject to any special conditions for the event established by the Department.

Rule 391-4-3-.10 Commercial Fishing. Amended

(1) It shall be lawful to commercially fish with gill nets on Lake Seminole as follows:
(a) From November 1 through January 31 in the Flint River Arm from Faceville Landing upstream to but not including the mouth of Big Slough, in the Spring Creek Arm from State Route 253 upstream to U.S. Route 84 and in Fish Pond Drain from State Route 253 upstream to County Road 1659 at the north end of Ray's Lake.
(b) Nets may not be set in waters exceeding eight (8') feet in depth or in stream channels.
(c) All game fish and catfish taken in gill nets must be released.
(d) All gill nets must be marked by visible buoys.
(e) Fisherman are limited to three hundred (300) linear feet of netting. Gill net mesh must be two inches (2") on the square.
(f) All nets must be clearly labeled with the name and commercial fishing license number of the person fishing them.
(g) A commercial fishing license and a Lake Seminole Gill Net commercial fishing species endorsement are required. All other commercial fishing laws and regulations shall apply.
(2) It shall be lawful to commercially fish with a basket in the Georgia portion of Clark Hill Reservoir, Richard Russell Reservoir, Hartwell Reservoir, Yonah Lake, Tugaloo (Toogaloo) Lake, Stevens Creek Lake and the impounded waters of the New Savannah Bluff Lock and Dam as follows:
(a) The basket must be constructed of one inch (1") mesh wire and must not be more than seventy-two inches (72") in length and sixty inches (60") in circumference.
(b) One throat of such basket shall be located at the extreme front of the basket and a second throat shall be located seventeen inches (17") behind the first. The second throat shall have one inch (1") square mesh webbing attached so that when such mesh is drawn taut by cords attached to each side, a horizontal opening is created which is not more than one inch (1") in height.
(c) It shall be unlawful to take any game fish except flathead catfish and channel catfish with such baskets.
(d) A commercial fishing license and a Catfish Basket commercial fishing species endorsement are required. All other commercial fishing laws and regulations apply.
(3) A commercial fishing license and a Catfish Basket commercial fishing species endorsement are required to commercially fish with a basket as authorized by O.C.G.A Section 27-4-92. All other commercial fishing laws and regulations apply.
(4) It shall be lawful to commercially fish for mussels in fresh water as follows:
(a) The following waters shall be opened from sunrise to sunset on Monday through Friday of each week from 1 April to 31 August each year, except Memorial Day and Independence Day, to the lawful harvest of mussels:
1. Fresh waters of all streams are open to the lawful harvest of mussels that will not pass through a round ring with an inside diameter of four inches; and
2. Reservoirs over 500 acres in size which are not owned or operated by the Department are open to the lawful harvest of washboard mussels (Megalonaias sp.) that will not pass through a round ring with an inside diameter of four inches and to the harvest of all other mussels whose longest dimension will not pass through said ring.
(b) It shall be unlawful to harvest mussels in fresh water by any form of dredging, brailing, pumping, any form of mechanical scooping or by dragging any material over the mussels. Any person violating this provision is subject to the civil penalty provisions of O.C.G.A. Section 27-1-36.
(c) A commercial fishing license and a Freshwater Mussel commercial fishing species endorsement are required. All other commercial fishing laws and regulations shall apply.

Rule 391-4-3-.11 Trout Stream Designation for Water Quality Purposes

Trout streams for water quality purposes shall be designated by the Wildlife Resources Division of the Department. Such designations shall not be amended except after scientific study, coordination with the Environmental Protection Division and approval by the Board of Natural Resources and the United States Environmental Protection Agency.

Rule 391-4-3-.12 Possession, Sale and Importation of Fish or Fish Eggs

(1) When the Commissioner finds that a specific shipment of live fish or fish eggs found in the State or sought to be introduced into the State will or may introduce or spread disease or parasites or otherwise be harmful to endemic fish populations he may, by appropriate order, prohibit their possession or sale within the State, or prohibit their entry into the State.
(2) If the Commissioner finds that any live fish or fish eggs from a specific fish hatchery or geographic area, either within or outside of the State, will or may introduce or spread disease or parasites or otherwise be harmful to endemic fish populations, he may, by appropriate order, prohibit their possession and any further sales thereof within the State or prohibit any future shipments thereof into the State.
(3) Live fish or fish eggs subjected to regulation under either subsection (1) or (2) above shall remain subject to the order issued thereunder unless and until a fisheries expert, recognized by and acceptable to the Commissioner, has certified the live fish or fish eggs from said shipment or said fish hatchery or geographical area to be free from any such harmful characteristics.
(4) Any live fish or fish eggs possessed or sold within the State or introduced into the State in violation of any order issued under either subsection (1) or (2) above shall, in the absence of the certificate provided in the subsection (3) above, be presumed to possess the same harmful characteristics upon which the order was based and shall be subject to immediate, summary seizure and destruction by conservation rangers or other duly authorized agents or officials of the Department.

Rule 391-4-3-.13 Fishing Methods

(1) The following streams are declared to be artificial-lure streams:
(a) That portion of the Chattahoochee River from Georgia Highway 20 downstream to the boat ramp at the National Park Service Medlock Bridge Park immediately upstream of Georgia Highway 141;
(b) Noontootla Creek and its tributaries on the Blue Ridge Management Area;
(c) Coleman River and its tributaries from the junction with Tallulah River upstream to Forest Service Bridge No. 54;
(d) Jones Creek and its tributaries on U.S. Forest Service property upstream from the junction with the Etowah River
(e) Mountaintown Creek and its tributaries above Mountaintown Creek Watershed Structure No. 2;
(f) Stanley Creek and its tributaries on the Rich Mountain Management Area;
(g) Hoods Creek and its tributaries on the Warwoman Management Area;
(h) Walnut Fork and its tributaries on the Warwoman Management Area;
(i) Conasauga River upstream of the Georgia-Tennessee state line and its tributaries to that portion of the river; provided, however, Conasauga River and its tributaries shall not be artificial-lure streams from the last Saturday in March through October 31 of each year; and
(2) It shall be lawful to fish with or possess only artificial lures with barbless hooks in that portion of Dukes Creek and its tributaries in White County on the Smithgall Woods-Dukes Creek Conservation Area, including the Georgia Highway 75 Alternate right-ofway.
(3) It shall be lawful to fish with only one, and only lawful to possess, artificial lures with a single barbless hook of number six size or smaller in Waters Creek or its tributary streams in Lumpkin County from its junction with Dick's Creek upstream. A landing net less than two feet in length may be used to land fish legally taken.
(4) It shall only be lawful to fish with artificial lures with single hooks and only lawful to possess artificial lures with single hooks on the following waters; provided, however, this restriction shall not apply to said waters from May 15 through October 31 of each year:
(a) Amicalola Creek from County Road 192 (Steele Bridge Road) downstream to Georgia Highway 53;
(b) Chattahoochee River from Sope Creek (off Columns Drive) downstream to US Highway 41 (Cobb Parkway);
(c) Chattooga River (in Rabun County) from Georgia Highway 28 upstream to the mouth of Reed Creek (Georgia);
(d) Smith Creek on Unicoi State Park from Unicoi Dam downstream to the Unicoi State Park property boundary; and
(e) Toccoa River on U.S. Forest Service land from 0.4 miles above the Shallowford Bridge upstream to a point 450 feet upstream of the Sandy Bottom Canoe Access.
(5) Use of live blueback herring for bait and possession of live blueback herring is prohibited in all freshwaters of the state; provided, however, this provision shall not apply to the following waters:
(a) Lake Bartlett's Ferry;
(b) Lake Blue Ridge
(c) Lake Chatuge;
(d) Lake Goat Rock;
(e) Lake Juliette;
(f) Lake Lanier;
(g) Lake Nottely;
(h) Lake Oliver;
(i) Lake West Point
(j) Altamaha River watershed downstream of the following dams:
1. Juliette on the Ocmulgee River;
2. Lake Juliette on Rum Creek;
3. Lake Tobesofkee on Tobesofkee Creek; and
4. Lake Sinclair on the Oconee River; nor to
(k) watersheds of all other streams that flow directly into the Atlantic Ocean. The penalties of this paragraph shall be enforceable by all penalties applicable, including civil penalties.

Rule 391-4-3-.14 Catch and Release Fishing

(1) The following streams or portions of streams are declared to be delayed harvest streams, and all mountain trout caught from these streams must be immediately returned unharmed to the waters from which they were caught; provided, however, this restriction shall not apply to said streams or portions of streams from May 15 through October 31 of each year:
(a) That portion of Amicalola Creek from County Road 192 (Steele Bridge Road) downstream to Georgia Highway 53;
(b) That portion of the Chattahoochee River from Sope Creek (off Columns Drive) downstream to US Highway 41 (Cobb Parkway);
(c) That portion of Chattooga River (in Rabun County) from Georgia Highway 28 upstream to the mouth of Reed Creek (Georgia);
(d) That portion of Smith Creek on Unicoi State Park from Unicoi Dam downstream to the Unicoi State Park property boundary; and
(e) That portion of the Toccoa River on U.S. Forest Service land from 0.4 miles above the Shallowford Bridge upstream to a point 450 feet upstream of the Sandy Bottom Canoe Access.
(2) The following stream is declared to be a catch and release stream, and all fish caught from this stream must be immediately returned unharmed to the waters from which they were caught:
(a) That portion of Dukes Creek and its tributaries flowing through the Smithgall Woods-Dukes Creek Conservation Area, including the Georgia Highway 75 Alternate right-of-way;
(3) Possession of trout while fishing on a catch and release stream is prohibited; and
(4) Possession of trout while fishing on a delayed harvest stream is prohibited from November 1 through May 14 of each year.

Rule 391-4-3-.15 Hours

(1) It shall be lawful to fish in trout waters designated in Rule 391-4-3-.03(3)24 hours a day; provided, however, that Waters Creek upstream from its junction with Dick's Creek shall be open to fishing only between 6:30 am and 6:30 p.m. eastern standard time or 7:30 p.m. eastern daylight time; and the Conasauga River watershed upstream of the Georgia-Tennessee state line, that portion of Smith Creek on Unicoi State Park and the Chattahoochee River downstream of Lake Lanier shall be open to fishing only between 30 minutes before sunrise and 30 minutes after sunset during daylight hours.
(2) It shall be lawful to fish in Dockery Lake and Rock Creek Lake only between 30 minutes before sunrise and 30 minutes after sunset during daylight hours. Except as otherwise provided by law, rule or regulation, fishing in all other impoundments is permitted 24 hours a day.

Rule 391-4-3-.16 Repealed

Rule 391-4-3-.17 Repealed

Rule 391-4-3-.18 Repealed

Rule 391-4-3-.19 Repealed

Rule 391-4-3-.20 Repealed

Rule 391-4-3-.21 Repealed

Rule 391-4-3-.22 Repealed

Rule 391-4-3-.23 Repealed

Rule 391-4-3-.24 Repealed

Rule 391-4-3-.25 Repealed

Rule 391-4-3-.26 Repealed

Rule 391-4-3-.27 Repealed

Rule 391-4-3-.28 Repealed

Rule 391-4-3-.29 Reserved

Rule 391-4-3-.30 Reserved

Rule 391-4-3-.31 Reserved

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Rule 391-4-3-.49 Reserved

Rule 391-4-3-.50 Repealed

Rule 391-4-3-.51 Repealed

Rule 391-4-3-.52 Repealed

Rule 391-4-3-.53 Repealed

Rule 391-4-3-.54 Repealed

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Rule 391-4-3-.62 Repealed

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Rule 391-4-3-.64 Repealed

Rule 391-4-3-.65 Repealed

Rule 391-4-3-.66 Reserved

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Rule 391-4-3-.99 Reserved

Rule 391-4-3-.100 Repealer

Chapter 391-4-3, Chapter 260-4, and Rules 260-6-.03, 260-6-.05, and 260-6-.06 are specifically repealed. Any other regulation or parts thereof in conflict with any of these regulations are hereby repealed.

Rule 391-4-3-.101 Reserved

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Rule 391-4-3-.151 Repealed