It shall be unlawful to take any game fish or American eels by minnow seines from the fresh waters of this state. It shall also be unlawful to take any nongame fish by minnow seines from any of the fresh waters of this state, except where such fish are five inches in length or less and are not to be sold or otherwise used for commercial purposes and except where such waters are not trout waters as designated pursuant to Code Section 27-4-51. It shall also be unlawful to use a seine which is longer than 20 feet or which has a mesh larger than three-eighths of an inch square, or in diameter if the mesh is not square. All game fish and American eels taken in such seines shall be immediately released unharmed into the waters from which they were taken.