23 LC 51 0279
H. B. 244
- 1 -
House Bill 244
By: Representatives Petrea of the 166
th
, Rhodes of the 124
th
, DeLoach of the 167
th
, Sainz of
the 180
th
, Townsend of the 179
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to
1
general provisions relative to game and fish, so as to extend the date by which rules and2
regulations prescribed by the Board of Natural Resources must be in effect for purposes of3
establishing criminal violations of said rules and regulations; to amend Part 1 of Article 4 of4
Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general5
provisions relative to seafood, so as to require certain reporting of non-activity by seafood6
dealers; to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia7
Annotated, relating to shellfish, so as to provide for a definition; to authorize discretionary8
penalties for certain enforcement actions by the Department of Natural Resources; to repeal9
certain cage fees; to provide for exemptions; to provide for effective dates; to provide for10
related matters; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general14
provisions relative to game and fish, is amended by revising Code Section 27-1-39, relating15
to rules and regulations used to establish criminal violations, as follows:16 23 LC 51 0279
H. B. 244
- 2 -
"27-1-39.
17
Notwithstanding any other law to the contrary, for purposes of establishing criminal18
violations of the rules and regulations promulgated by the Board of Natural Resources as19
provided in this title, the term 'rules and regulations' means those rules and regulations of20
the Board of Natural Resources in force and effect on January 1, 2022
2023."21
SECTION 2.22
Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated,23
relating to general provisions relative to seafood, is amended in Code Section 27-4-136,24
relating to seafood dealer license, maintenance of records, and purchase of seafood, by25
revising paragraph (3) of subsection (a) as follows:26
"(3) Each person required to maintain records pursuant to paragraph (2) of this27
subsection shall report such information to the department, whose address for the purpose28
of reporting shall be the Coastal Resource Division headquarters, at such times and in29
such manner as the board provides by rule or regulation. For the purposes of this30
subsection, a person licensed as a seafood dealer who has taken no activity described in31
paragraph (2) within any given month shall report such non-activity to the department in32
the same manner as provided by rule or regulation."33
SECTION 3.34
Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated,35
relating to shellfish, is amended in Code Section 27-4-188, relating to definitions, by adding36
a new paragraph to read as follows:37
"(2.1) 'Cage' means a containment unit of any size that contains or may contain shellfish38
for commercial sale. For a larger outer unit which holds smaller units inside, the entire39
unit shall be treated as a single cage."40 23 LC 51 0279
H. B. 244
- 3 -
SECTION 4.
41
Said part is further amended in Code Section 27-4-190, relating to commercial fishing license42
with shellfish endorsement and master harvester permit or harvester permit, hours for taking43
shellfish, and recreational harvesting, by revising paragraph (1) of subsection (a) as follows:44
"(a)(1) It shall be unlawful to take or possess shellfish in commercial quantities or for45
commercial purposes without first having obtained a commercial fishing license with a46
shellfish endorsement and a master harvester permit or harvester permit or without proof47
of purchase that such shellfish were purchased from a certified shellfish dealer. Master48
harvester permits shall specify whether the permittee is authorized to take oysters, clams,49
or other shellfish and shall only be issued to persons certified by the Department of50
Agriculture to handle shellfish unless permission to take and possess shellfish has been51
granted by the department as described in subsection (d) of Code Section 27-4-197 and52
in Code Section 27-4-202. Such permits shall be provided annually. A permittee may53
request authorization from the department for employees or agents, who shall be referred54
to as harvesters, of such permittee to take shellfish from permitted areas. Such request55
shall be in writing to the department and shall include the name, address, and personal56
commercial fishing license number of the harvester. It shall be unlawful for harvesters57
to take or possess shellfish as authorized under their employer's master harvester permit58
unless they carry on their person while taking or in possession of shellfish a harvester59
permit as provided by the department indicating the exact area and circumstances60
allowed for taking. Such harvesters' permits and charts shall be provided annually by the61
department and shall be in a form as prescribed by the department. Harvesters must62
possess a valid personal commercial fishing license as provided for in Code Section63
27-4-110, a shellfish endorsement as provided for in the department's rules and64
regulations, and, when a boat is used, a valid commercial fishing boat license as provided65
in Code Section 27-2-8. Master harvester permits and harvester permits shall not be
66
issued may be denied pursuant to Code Section 27-2-25 to persons who have violated this67 23 LC 51 0279
H. B. 244
- 4 -
part in the two years immediately preceding the filing of an application for a permit.
68
Permits may be revoked pursuant to Code Section 27-2-25. Master harvester permits and69
harvester permits issued to master harvesters or agents shall be surrendered to the70
department upon termination of Department of Agriculture certification for handling71
shellfish,
or upon termination of right to harvest shellfish, or upon violation of any72
provision of this title pursuant to Code Section 27-4-201. If a harvester is removed from73
authorization to take shellfish by the master harvester permittee, the master harvester74
shall immediately notify the department of such removal. In addition, that harvester shall75
immediately surrender to the department his or her harvester permit. It shall be unlawful76
to possess unauthorized harvester permits or harvester permits issued to another person."77
SECTION 5.78
Said part is further amended by revising Code Section 27-4-201, relating to penalty for79
violation of article and revocation of authorizations, as follows:80
"27-4-201.81
(a) Except as otherwise provided in this article, any person who violates any provision of82
this article part shall, upon conviction thereof, be guilty of a misdemeanor of a high and83
aggravated nature.84
(b) Any authorizations issued under this part to any person convicted of violating any85
provision of this article shall part may be revoked by operation of law and shall not be86
reissued for a period of three years. The department shall notify the person in writing of87
the revocation. Prior to revocation, such person shall have opportunity for hearing in88
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'89
pursuant to Code Section 27-2-25; provided, however, that upon the first such conviction,90
a harvester permit shall not be revoked if the harvester satisfactorily completes, within 3091
days of notice from the department, the retraining specified by the department in92 23 LC 51 0279
H. B. 244
- 5 -
accordance with the requirements of the National Shellfish Sanitation Program pursuant93
to subsection (d) of Code Section 27-4-195."94
SECTION 6.95
Said part is further amended by revising Code Section 27-4-204, relating to permitting,96
number of cages, and identification attached to cages, as follows:97
27-4-204.98
(a) The first time that a person obtains or renews a shellfish mariculture permit, he or she99
shall obtain a permit from the department establishing the maximum number of cages that100
may be deployed at any given time during that license year. Such permits shall be issued101
in 25 cage increments. The permittee shall pay a fee of $1.00 per cage for the permit, and102
the permit shall be for the same duration and shall be renewed at the same time as the103
shellfish mariculture permit. Containers used for the mariculture of clams shall be exempt104
from this subsection.105
(b)(1) No cage permit may be amended to permit the use of more cages except at the106
time of permit renewal. The permittee, or his or her agent or employee if the permittee107
is not actively harvesting, shall have the cage permit in his or her possession at all times108
while harvesting.109
(2) It shall be unlawful for any permittee or a person designated by such permittee as110
provided in Code Section 27-4-202 to employ more cages than the number allowed by111
the cage permit at any time.112
(c) It shall be unlawful to set or place in the salt waters of this state any shellfish113
mariculture cage which does not have attached to it the an identification assigned tag114
approved by the department to the permittee. The identification shall be assigned by the115
department to the permittee when such permittee is issued his or her shellfish mariculture116
permit. For subsequent years, the same identification shall be assigned to such permittee.117
All intertidal gear shall be exempt from the requirements of this Code section."118 23 LC 51 0279
H. B. 244
- 6 -
SECTION 7.
119
This Act shall become effective upon its approval by the Governor or upon its becoming law120
without such approval for purposes of promulgating rules and regulations and shall become121
effective on July 1, 2023, for all other purposes.122
SECTION 8.123
All laws and parts of laws in conflict with this Act are repealed.124