An official website of the State of Georgia.
October 29, 2025
NOTICE OF PROPOSED REGULATION CHANGES
TO: All Interested Persons and Parties
FROM: Doug Haymans
SUBJECT: Notice of Rule Making for Saltwater Finfishing for Scrivener's Errors
Notice is hereby given that, pursuant to authority contained in O.C.G.A. §27-1-4, the Board of Natural Resources proposes to amend the Rules of the Georgia Department of Natural Resources, Saltwater Fishing Regulations, Subject 391-2-4. The proposed amended Rule, when adopted, will correct scrivener's errors recently discovered.
Written public comments will be received through Friday, November 28, 2025. Mailed comments must be postmarked by November 28th, and e-mailed comments will be accepted through close of business (4:30 pm) on November 28th. Comments should be legible, concise, and limited to the proposed rule change.
Following this comment period, the Board of Natural Resources will consider the proposed rules on Tuesday, December 2, 2025, at 9:00 AM at the Young Harris College Rollins Campus Center, Suber Banquet Hall, 1 College St., Young Harris, Ga. 30582.
Mail or email comments to: Kathy Knowlton
Coastal Resources Division
One Conservation Way
Brunswick, GA 31520
Email: kathy.knowlton@dnr.ga.gov
Additional information is available at www.coastalgadnr.org. Click in the “News and Public Notices”.
Subject 391-2-4 Saltwater Fishing Regulations
BACKGROUND AND SYNOPSIS OF
PROPOSED AMENDMENTS TO THE RULES OF THE
GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-2
COASTAL RESOURCES
subject 391-2-4
Saltwater fishing regulations
Background
A recent review of 391-2-4-.04, Saltwater Fishing Regulations, revealed four (4) errors which can only be characterized as scrivener’s errors. The review suggested these errors occurred over the course of several years. While they were technically incorrect in the official publication, the popular guide available to the public never changed.
The errors are as follows:
The bolded text was dropped in a 12/5/2023 Board package which sought changes to Shortfin Mako and hammerhead sharks. 391-2-4-.04 (2)(i) “Prohibited Sharks” means a group of sharks inclusive of … bigeye sixgill shark (Hexanchus nakamurai), and oceanic whitetip shark (Carcharhinus longimanus).”
There are three instances in section 391-2-4-.04 (3) “Seasons, Daily Creel and Possession Limits, Minimum and Maximum Size Limits” in which the abbreviation for Fork Length (FL) was mistakenly changed to Total Length (TL):
(3)(g) “Bluefish” “12 TL” should read “12 FL”. (DNR Board package 1/31/2020 sought changes for Shortfin Mako and Oceanic Whitetip Sharks.)
(3)(s) “Sheepshead” “10 TL” should read “10 FL”. (DNR Board package 8/22/2001 sought changes for Sheepshead and other species.)
(3)(x) “Tarpon” “68 TL” should read “68 FL”. (DNR Board package 1/28/2022 sought changes for Billfish species.)
A review of all annual GADNR sport fishing regulations guides since 2001 indicated none of these errors were included in the publications available for the public. Had an angler followed the minimum Total Length limits listed in 391-2-4-.04, they would have been able to legally harvest a smaller fish than intended since, for example, an average 12-inch TL fish roughly translates into a one-inch shorter FL fish. Anglers following the Rule were not deprived of harvesting fish they should have been able to keep had the scrivener's errors not occurred.
Purpose
The purpose of the proposed amended Rule is to correct four scrivener's errors impacting the common and scientific names of two shark species, and minimum size limits for Bluefish, Sheepshead and Tarpon.
Main Features
The primary features of the proposed amendment are: (1) add the accidentally deleted text “(Hexanchus nakamurai), and oceanic whitetip shark” back in the list of prohibited sharks, and (2) correct the unit of minimum size limit to Fork Length (FL) for Bluefish, Sheepshead and Tarpon.
Differences
Enumerated below are the primary differences between the current Rule 391-2-4-.04 and the proposed amended Rule:
Subparagraph (2)(i) “Prohibited Sharks” is proposed to be modified to add the scientific name “Hexanchus nakamurai” to bigeye sixgill shark and common name of “oceanic whitetip shark” to Carcharhinus longimanus;
Subparagraph (3)(g) Bluefish is proposed to be changed from “Minimum Size (inches)” of “TL” to “FL”;
Subparagraph (3)(s) Sheepshead is proposed to be changed from “Minimum Size (inches)” of “TL” to “FL”;
Subparagraph (3)(x) Tarpon is proposed to be changed from “Minimum Size (inches)” of “TL” to “FL”.
Date , Time, and Place of Board Action
Board Action: Tuesday, December 2, 2025, 9:00 AM, at the Brasstown Valley Resort, 6321
US-76, Young Harris, GA 30582.
Public Participation Plan
Amendment to Saltwater Fishing Regulations, Subject 391-2-4-.04
CRD expects the change resulting from the proposed amendments to have no impact on recreational fishers, fishing-related businesses, or the general public.
August 2025 - Scrivener's errors are identified.
October 28, 2025 - CRD presents proposed amended Rule 391-2-4-.04 to the Board of Natural Resources, Coastal Committee.
October 29, 2025 - Public Notice of the Proposed Rule is advertised through various print media, Gov Delivery and on the CRD website. Additionally, the notice will be mailed to all persons who have requested in writing that they be placed upon a mailing list which shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency.
November 28, 2025 - Public comment period closes.
December 2, 2025 - Consideration of public comment and final action on proposed amended rule.
October 14, 2025
MEMORANDUM
TO: Board of Natural Resources
FROM: Doug Haymans
SUBJECT: Economic Impact of Proposed Amended Rule on Small Businesses:
Subject 391-2-4, Saltwater Fishing Regulations
The Administrative Procedure Act requires that during the formation and adoption of any rules, attempts should be made to reduce the economic impact of those rules on small businesses. This applies to businesses that are independently owned and operated, are not dominant in the field and employ 100 employees or less.
The proposed rule should have no impact on small business since it is limited to correcting scrivener's errors.
DH/kk
Saltwater Fishing Regulations Subject 391-2-4
STRIKETHROUGH VERSION
ADDITIONS ARE UNDERLINED AND DELETIONS ARE STRIKETHROUGH
RULES
OF
GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-2
Coastal resources
subject 391-2-4
SALTWATER FISHING REGULATIONS
391-2-4-.04 Saltwater Finfishing
(1) Purpose. The purpose of these Rules is to implement the authority of the Board of Natural Resources to promulgate rules and regulations based on sound principles of wildlife research and management, establishing the seasons, methods of fishing, and disposition; size, possession, and creel limits; and gear and landing specifications for certain finfish.
(2) Definitions.
(a) “Billfish” means Blue Marlin (Makaira nigricans), White Marlin (Tetrapturus albidus) and Sailfish (Istiophorus albicans).
(b) "Daily creel limit" means the lawful amount of a species of finfish that a person may take in one day or possess at any one-time, except at one's place of abode or at a commercial storage facility provided the Board has not prohibited sale of that species.
Subject 391-2-4 Saltwater Fishing Regulations
(c) "Hammerhead Sharks" means a group of sharks inclusive of Great Hammerhead (Sphyrna mokarran), Scalloped Hammerhead (Sphyrna lewini) and Smooth Hammerhead (Sphyrna zygaena).
(d) "Handline" means a mainline to which no more than two hooks are attached and which is retrieved by hand without the aid of mechanical devices.
(e) "Landed" means to bring fish to shore in this state, regardless of the jurisdiction from which they were taken or harvested.
(f) "Minimum size" means the species' specific size in length, specified as fork length, lower jaw fork length or total length, below which size it is unlawful to possess that finfish species.
(g) "Maximum size" means the species' specific size in length, specified as fork length, lower jaw fork length or total length, above which size it is unlawful to possess that finfish species.
(h) "Open Season" means that specified period of time during which one may take from any of the waters of this state certain finfish species.
(i) "Prohibited Sharks" means a group of sharks inclusive of sand tiger (Carcharias taurus), sandbar shark (Carcharhinus plumbeus), silky shark (Carcharhinus falciformis), bigeye sandtiger (Odontaspis noronhai), whale shark (Rhincodon typus), basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), dusky shark (Carcharhinus obscurus), bignose shark (Carcharhinus altimus), Galapagos shark (Carcharhinus galapagensis), night shark (Carcharhinus signatus), reef shark (Carcharhinus perezii), narrowtooth shark (Carcharhinus brachyurus), Caribbean sharpnose shark (Rhizoprionodon porosus), smalltail shark (Carcharhinus porosus), Atlantic angel shark (Squatina dumeril), longfin mako (Isurus paucus), bigeye thresher (Alopias superciliosus), sharpnose sevengill shark (Heptranchias perlo), bluntnose sixgill shark (Hexanchus griseus),
Saltwater Fishing Regulations Subject 391-2-4
bigeye sixgill shark (Hexanchus nakamurai), and oceanic whitetip shark (Carcharhinus longimanus).
(j) "Sharks" means all species of sharks other than those comprising the small shark composite as defined in subparagraph 2(k), hammerhead sharks as defined in subparagraph 2(c), prohibited sharks as defined in subparagraph 2(i), and individual species regulated by this rule.
(k) "Small Shark Composite" means a group of sharks inclusive of Atlantic sharpnose shark (Rhizoprionodon terraenovae), bonnethead (Sphyrna tiburo), and spiny dogfish (Squalus acanthias).
(3) Seasons, Daily Creel and Possession Limits, Minimum and Maximum Size Limits. The following species may be taken in accordance with the seasons, daily creel and possession limits, and minimum and maximum size limits set forth below, except as otherwise specifically provided herein:
SPECIES | SEASON | Daily Creel and Possession Limit | Minimum Size (inches) | Maximum Size (inches) |
(a) Amberjack | All Year | 1 | 28 FL |
|
(b) Atlantic croaker | All Year | 25 |
|
|
(c) Atlantic sturgeon | No Open Season has been established by the Board of Natural Resources. | |||
(d) Black drum | All Year | 15 | 14 TL |
|
(e) Black sea bass | All Year | 15 | 12 TL |
|
(f) Reserved |
| |||
(g) Bluefish | All Year | 15 | 12 |
|
(h) Cobia | March 1 – October 31 | 1 per person not to exceed 6 per boat | 36 FL |
|
Subject 391-2-4 Saltwater Fishing Regulations
| ||||
| ||||
(i) Dolphin | All Year | 10 per person not to exceed 54 per boat. | 20 FL |
|
1. Headboats with a valid certificate of inspection are allowed 10 dolphin per paying passenger. | ||||
(j) Flounder (Paralichthys spp.) | All Year | 15 | 12 TL |
|
(k) Gag grouper | All Year | 2 | 24 TL |
|
(l) King mackerel | All Year | 3 | 24 FL |
|
(m) Red Drum | All Year | 5 | 14 TL | 23 TL |
(n) Red Porgy | All Year | 3 | 14 TL |
|
(o) Red Snapper | All Year | 2 | 20 TL |
|
(p) Reserved | ||||
(q) Prohibited Sharks | Unlawful to possess. | |||
(r) Sharks | ||||
(r.1.) Small Shark Composite | All Year | 1 | 30 FL |
|
(r.2.) Sharks | 1 per person or boat | 54 FL |
| |
(r.3.) Hammerhead Sharks | 78 FL |
| ||
(r.4.) Shortfin Mako Shark | When Federal Quota is Available | 83 FL |
| |
(s) Sheepshead | All Year | 15 | 10 |
|
(t) Reserved | ||||
(u) Spanish mackerel | All Year | 15 | 12 FL |
|
1. A catch of Spanish mackerel under the minimum size limit is allowed equal to five percent by weight of the total catch of Spanish mackerel on board a trawler. | ||||
(v) Spot | All Year | 25 |
|
|
(w) Spotted sea trout | All Year | 15 | 14 TL |
|
Saltwater Fishing Regulations Subject 391-2-4
(x) Tarpon | All Year | 1 | 68 |
|
(y) Tripletail | All Year | 2 | 18 TL |
|
(z) Weakfish | All Year | 1 | 13 TL |
|
(aa) Reserved |
| |||
(bb) American eel | All Year | 25 | 9 TL |
|
(4) Restrictions on Sale. It shall be unlawful for any person in this state to sell, purchase, or barter any of the following species or part thereof, except as otherwise specifically provided herein:
(a) No person operating as a dealer may buy or sell sharks, small shark composite species, hammerhead sharks, and Shortfin Mako Sharks caught in state waters without first obtaining a federal Commercial Shark Dealer Permit and when state or federal quotas for species within those groups have been reached.
Tarpon.
(c) No person may sell any fish managed under federal law and harvested from either Georgia waters or the South Atlantic Exclusive Economic Zone except when the catch of such fish is allowed by applicable federal law. This prohibition of sale does not apply to fish harvested, landed, and sold in compliance with applicable federal law and held in cold storage by a seafood dealer or processor. This prohibition also does not apply to a seafood dealer's purchase or sale of fish harvested from waters other than those of Georgia or the South Atlantic Exclusive Economic Zone, provided such fish is accompanied by documentation of legal harvest.
Reserved
Reserved
Subject 391-2-4 Saltwater Fishing Regulations
(5) Possession and Landing Specifications.
(a) All fish subject to restrictions specified in this Rule may be possessed in state waters or landed only with head and fins intact,
except that when landed for commercial purposes, all sharks, small shark composite species, hammerhead sharks, and Shortfin Mako Sharks may have the heads removed but fins and tail must remain naturally attached.
(b) It shall be unlawful to transfer at sea in State waters from a fishing vessel to any other vessel or person any fish caught which are subject to the restrictions specified in this Rule.
(c) Except as otherwise provided by law, it shall be unlawful to fish for sharks, small shark composite species, hammerhead sharks, or Shortfin Mako Sharks for recreational purposes with any gear other than rod and reel or handline as defined in subparagraph (2)(d) above. Additionally, anglers must use non-offset, corrodible, non-stainless-steel circle hooks when fishing for sharks recreationally, except when fishing with flies or artificial lures.
(d) Except as otherwise provided by law, trawlers fishing for shrimp for human consumption pursuant to Code Section 27-4-133 shall be exempt from the creel and possession limits for spot and Atlantic croaker.
(e) Except as otherwise specifically provided herein, in state waters the size, catch, creel and possession limits, fishing period closures, and requirements pertaining to the taking, release, landing, sale, purchase, trade, or barter of billfish shall be prescribed by federal regulations implemented under the Fishery Conservation and Management Act (PL 94-265) and the Consolidated Atlantic Highly Migratory Species Fishery Management Plan.
Authority: O.C.G.A. §§ 12-2-24, 27-1-4, 27-4-10.
Saltwater Fishing Regulations Subject 391-2-4
EXACT COPY
RULES
OF
GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-2
Coastal resources
subject 391-2-4
SALTWATER FISHING REGULATIONS
391-2-4-.04 Saltwater Finfishing
(1) Purpose. The purpose of these Rules is to implement the authority of the Board of Natural Resources to promulgate rules and regulations based on sound principles of wildlife research and management, establishing the seasons, methods of fishing, and disposition; size, possession, and creel limits; and gear and landing specifications for certain finfish.
(2) Definitions.
(a) “Billfish” means Blue Marlin (Makaira nigricans), White Marlin (Tetrapturus albidus) and Sailfish (Istiophorus albicans).
(b) "Daily creel limit" means the lawful amount of a species of finfish that a person may take in one day or possess at any one-time, except at one's place of abode or at a commercial storage facility provided the Board has not prohibited sale of that species.
(c) "Hammerhead Sharks" means a group of sharks inclusive of Great Hammerhead (Sphyrna mokarran), Scalloped Hammerhead (Sphyrna lewini) and Smooth Hammerhead (Sphyrna zygaena).
Subject 391-2-4 Saltwater Fishing Regulations
(d) "Handline" means a mainline to which no more than two hooks are attached and which is retrieved by hand without the aid of mechanical devices.
(e) "Landed" means to bring fish to shore in this state, regardless of the jurisdiction from which they were taken or harvested.
(f) "Minimum size" means the species' specific size in length, specified as fork length, lower jaw fork length or total length, below which size it is unlawful to possess that finfish species.
(g) "Maximum size" means the species' specific size in length, specified as fork length, lower jaw fork length or total length, above which size it is unlawful to possess that finfish species.
(h) "Open Season" means that specified period of time during which one may take from any of the waters of this state certain finfish species.
(i) "Prohibited Sharks" means a group of sharks inclusive of sand tiger (Carcharias taurus), sandbar shark (Carcharhinus plumbeus), silky shark (Carcharhinus falciformis), bigeye sandtiger (Odontaspis noronhai), whale shark (Rhincodon typus), basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), dusky shark (Carcharhinus obscurus), bignose shark (Carcharhinus altimus), Galapagos shark (Carcharhinus galapagensis), night shark (Carcharhinus signatus), reef shark (Carcharhinus perezii), narrowtooth shark (Carcharhinus brachyurus), Caribbean sharpnose shark (Rhizoprionodon porosus), smalltail shark (Carcharhinus porosus), Atlantic angel shark (Squatina dumeril), longfin mako (Isurus paucus), bigeye thresher (Alopias superciliosus), sharpnose sevengill shark (Heptranchias perlo), bluntnose sixgill shark (Hexanchus griseus), bigeye sixgill shark (Hexanchus nakamurai), and oceanic whitetip shark (Carcharhinus longimanus).
Saltwater Fishing Regulations Subject 391-2-4
(j) "Sharks" means all species of sharks other than those comprising the small shark composite as defined in subparagraph 2(k), hammerhead sharks as defined in subparagraph 2(c), prohibited sharks as defined in subparagraph 2(i), and individual species regulated by this rule.
(k) "Small Shark Composite" means a group of sharks inclusive of Atlantic sharpnose shark (Rhizoprionodon terraenovae), bonnethead (Sphyrna tiburo), and spiny dogfish (Squalus acanthias).
(3) Seasons, Daily Creel and Possession Limits, Minimum and Maximum Size Limits. The following species may be taken in accordance with the seasons, daily creel and possession limits, and minimum and maximum size limits set forth below, except as otherwise specifically provided herein:
SPECIES | SEASON | Daily Creel and Possession Limit | Minimum Size (inches) | Maximum Size (inches) |
(a) Amberjack | All Year | 1 | 28 FL |
|
(b) Atlantic croaker | All Year | 25 |
|
|
(c) Atlantic sturgeon | No Open Season has been established by the Board of Natural Resources. | |||
(d) Black drum | All Year | 15 | 14 TL |
|
(e) Black sea bass | All Year | 15 | 12 TL |
|
(f) Reserved |
| |||
(g) Bluefish | All Year | 15 | 12 FL |
|
(h) Cobia | March 1 – October 31 | 1 per person not to exceed 6 per boat | 36 FL |
|
(i) Dolphin | All Year | 10 per person not to exceed 54 per boat. | 20 FL |
|
Subject 391-2-4 Saltwater Fishing Regulations
| ||||
1. Headboats with a valid certificate of inspection are allowed 10 dolphin per paying passenger. | ||||
(j) Flounder (Paralichthys spp.) | All Year | 15 | 12 TL |
|
(k) Gag grouper | All Year | 2 | 24 TL |
|
(l) King mackerel | All Year | 3 | 24 FL |
|
(m) Red Drum | All Year | 5 | 14 TL | 23 TL |
(n) Red Porgy | All Year | 3 | 14 TL |
|
(o) Red Snapper | All Year | 2 | 20 TL |
|
(p) Reserved | ||||
(q) Prohibited Sharks | Unlawful to possess. | |||
(r) Sharks | ||||
(r.1.) Small Shark Composite | All Year | 1 | 30 FL |
|
(r.2.) Sharks | 1 per person or boat | 54 FL |
| |
(r.3.) Hammerhead Sharks | 78 FL |
| ||
(r.4.) Shortfin Mako Shark | When Federal Quota is Available | 83 FL |
| |
(s) Sheepshead | All Year | 15 | 10 FL |
|
(t) Reserved | ||||
(u) Spanish mackerel | All Year | 15 | 12 FL |
|
1. A catch of Spanish mackerel under the minimum size limit is allowed equal to five percent by weight of the total catch of Spanish mackerel on board a trawler. | ||||
(v) Spot | All Year | 25 |
|
|
(w) Spotted sea trout | All Year | 15 | 14 TL |
|
(x) Tarpon | All Year | 1 | 68 FL |
|
(y) Tripletail | All Year | 2 | 18 TL |
|
(z) Weakfish | All Year | 1 | 13 TL |
|
Saltwater Fishing Regulations Subject 391-2-4
(aa) Reserved |
| |||
(bb) American eel | All Year | 25 | 9 TL |
|
(4) Restrictions on Sale. It shall be unlawful for any person in this state to sell, purchase, or barter any of the following species or part thereof, except as otherwise specifically provided herein:
(a) No person operating as a dealer may buy or sell sharks, small shark composite species, hammerhead sharks, and Shortfin Mako Sharks caught in state waters without first obtaining a federal Commercial Shark Dealer Permit and when state or federal quotas for species within those groups have been reached.
(b) Tarpon.
(c) No person may sell any fish managed under federal law and harvested from either Georgia waters or the South Atlantic Exclusive Economic Zone except when the catch of such fish is allowed by applicable federal law. This prohibition of sale does not apply to fish harvested, landed, and sold in compliance with applicable federal law and held in cold storage by a seafood dealer or processor. This prohibition also does not apply to a seafood dealer's purchase or sale of fish harvested from waters other than those of Georgia or the South Atlantic Exclusive Economic Zone, provided such fish is accompanied by documentation of legal harvest.
Reserved
Reserved
Subject 391-2-4 Saltwater Fishing Regulations
(5) Possession and Landing Specifications.
(a) All fish subject to restrictions specified in this Rule may be possessed in state waters or landed only with head and fins intact,
except that when landed for commercial purposes, all sharks, small shark composite species, hammerhead sharks, and Shortfin Mako Sharks may have the heads removed but fins and tail must remain naturally attached.
(b) It shall be unlawful to transfer at sea in State waters from a fishing vessel to any other vessel or person any fish caught which are subject to the restrictions specified in this Rule.
(c) Except as otherwise provided by law, it shall be unlawful to fish for sharks, small shark composite species, hammerhead sharks, or Shortfin Mako Sharks for recreational purposes with any gear other than rod and reel or handline as defined in subparagraph (2)(d) above. Additionally, anglers must use non-offset, corrodible, non-stainless-steel circle hooks when fishing for sharks recreationally, except when fishing with flies or artificial lures.
(d) Except as otherwise provided by law, trawlers fishing for shrimp for human consumption pursuant to Code Section 27-4-133 shall be exempt from the creel and possession limits for spot and Atlantic croaker.
(e) Except as otherwise specifically provided herein, in state waters the size, catch, creel and possession limits, fishing period closures, and requirements pertaining to the taking, release, landing, sale, purchase, trade, or barter of billfish shall be prescribed by federal regulations implemented under the Fishery Conservation and Management Act (PL 94-265) and the Consolidated Atlantic Highly Migratory Species Fishery Management Plan.
Authority: O.C.G.A. §§ 12-2-24, 27-1-4, 27-4-10.
