23 LC 51 0348S
H. B. 244 (SUB)
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The House Committee on Game, Fish and Parks offers the following substitute to HB 244:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to1
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 1 of4
Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general5
provisions relative to hunting, so as to authorize the hunting of bobcat and fox using recorded6
calls and sounds; to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code7
of Georgia Annotated, relating to general provisions relative to seafood, so as to require8
certain reporting of non-activity by seafood dealers; to amend Part 4 of Article 4 of Chapter9
4 of Title 27 of the Official Code of Georgia Annotated, relating to shellfish, so as to provide10
for a definition; to authorize discretionary penalties for certain enforcement actions by the11
Department of Natural Resources; to repeal certain cage fees; to provide for exemptions; to12
provide for effective dates; to provide for related matters; to repeal conflicting laws; and for13
other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 23 LC 51 0348S
H. B. 244 (SUB)
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SECTION 1.16
Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general17
provisions relative to game and fish, is amended by revising Code Section 27-1-39, relating18
to rules and regulations used to establish criminal violations, as follows:19
"27-1-39.20
Notwithstanding any other law to the contrary, for purposes of establishing criminal21
violations of the rules and regulations promulgated by the Board of Natural Resources as22
provided in this title, the term 'rules and regulations' means those rules and regulations of23
the Board of Natural Resources in force and effect on January 1, 2022 2023."24
SECTION 2.25
Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated,26
relating to general provisions relative to hunting, is amended in Code Section 27-3-12,27
relating to unlawful substances and equipment and computer assisted remote hunting28
prohibited, by revising subsection (a) as follows:29
"(a) It shall be unlawful to hunt any wild animal, game animal, or game bird by means of30
drugs, poisons, chemicals, smoke, gas, explosives, or recorded calls or sounds, or recorded31
and electronically imitated or amplified sounds or calls including, but not limited to,32
electronically imitated or amplified calls or sounds, except that bobcat and fox may be33
hunted using recorded calls or sounds. It shall also be unlawful to use electronic34
communications equipment for the purpose of facilitating pursuit of any wild animal, game35
bird, or game animal."36
SECTION 3.37
Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated,38
relating to general provisions relative to seafood, is amended in Code Section 27-4-136,39 23 LC 51 0348S
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relating to seafood dealer license, maintenance of records, and purchase of seafood, by40
revising paragraph (3) of subsection (a) as follows:41
"(3) Each person required to maintain records pursuant to paragraph (2) of this42
subsection shall report such information to the department, whose address for the purpose43
of reporting shall be the Coastal Resource Division headquarters, at such times and in44
such manner as the board provides by rule or regulation. For the purposes of this45
subsection, a person licensed as a seafood dealer who has taken no activity described in46
paragraph (2) within any given month shall report such non-activity to the department in47
the same manner as provided by rule or regulation."48
SECTION 4.49
Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated,50
relating to shellfish, is amended in Code Section 27-4-188, relating to definitions, by adding51
a new paragraph to read as follows:52
"(2.1) 'Cage' means a containment unit of any size that contains or may contain shellfish53
for commercial sale. For a larger outer unit which holds smaller units inside, the entire54
unit shall be treated as a single cage."55
SECTION 5.56
Said part is further amended in Code Section 27-4-190, relating to commercial fishing license57
with shellfish endorsement and master harvester permit or harvester permit, hours for taking58
shellfish, and recreational harvesting, by revising paragraph (1) of subsection (a) as follows:59
"(a)(1) It shall be unlawful to take or possess shellfish in commercial quantities or for60
commercial purposes without first having obtained a commercial fishing license with a61
shellfish endorsement and a master harvester permit or harvester permit or without proof62
of purchase that such shellfish were purchased from a certified shellfish dealer. Master63
harvester permits shall specify whether the permittee is authorized to take oysters, clams,64 23 LC 51 0348S
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or other shellfish and shall only be issued to persons certified by the Department of65
Agriculture to handle shellfish unless permission to take and possess shellfish has been66
granted by the department as described in subsection (d) of Code Section 27-4-197 and67
in Code Section 27-4-202. Such permits shall be provided annually. A permittee may68
request authorization from the department for employees or agents, who shall be referred69
to as harvesters, of such permittee to take shellfish from permitted areas. Such request70
shall be in writing to the department and shall include the name, address, and personal71
commercial fishing license number of the harvester. It shall be unlawful for harvesters72
to take or possess shellfish as authorized under their employer's master harvester permit73
unless they carry on their person while taking or in possession of shellfish a harvester74
permit as provided by the department indicating the exact area and circumstances75
allowed for taking. Such harvesters' permits and charts shall be provided annually by the76
department and shall be in a form as prescribed by the department. Harvesters must77
possess a valid personal commercial fishing license as provided for in Code Section78
27-4-110, a shellfish endorsement as provided for in the department's rules and79
regulations, and, when a boat is used, a valid commercial fishing boat license as provided80
in Code Section 27-2-8. Master harvester permits and harvester permits shall not be81
issued may be denied pursuant to Code Section 27-2-25 to persons who have violated this82
part in the two years immediately preceding the filing of an application for a permit.83
Permits may be revoked pursuant to Code Section 27-2-25. Master harvester permits and84
harvester permits issued to master harvesters or agents shall be surrendered to the85
department upon termination of Department of Agriculture certification for handling86
shellfish, or upon termination of right to harvest shellfish, or upon violation of any87
provision of this title pursuant to Code Section 27-4-201. If a harvester is removed from88
authorization to take shellfish by the master harvester permittee, the master harvester89
shall immediately notify the department of such removal. In addition, that harvester shall90 23 LC 51 0348S
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immediately surrender to the department his or her harvester permit. It shall be unlawful91
to possess unauthorized harvester permits or harvester permits issued to another person."92
SECTION 6.93
Said part is further amended by revising Code Section 27-4-201, relating to penalty for94
violation of article and revocation of authorizations, as follows:95
"27-4-201.96
(a) Except as otherwise provided in this article, any person who violates any provision of97
this article part shall, upon conviction thereof, be guilty of a misdemeanor of a high and98
aggravated nature.99
(b) Any authorizations issued under this part to any person convicted of violating any100
provision of this article shall part may be revoked by operation of law and shall not be101
reissued for a period of three years. The department shall notify the person in writing of102
the revocation. Prior to revocation, such person shall have opportunity for hearing in103
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'104
pursuant to Code Section 27-2-25; provided, however, that upon the first such conviction,105
a harvester permit shall not be revoked if the harvester satisfactorily completes, within 30106
days of notice from the department, the retraining specified by the department in107
accordance with the requirements of the National Shellfish Sanitation Program pursuant108
to subsection (d) of Code Section 27-4-195."109
SECTION 7.110
Said part is further amended by revising Code Section 27-4-204, relating to permitting,111
number of cages, and identification attached to cages, as follows:112
"27-4-204.113
(a) The first time that a person obtains or renews a shellfish mariculture permit, he or she114
shall obtain a permit from the department establishing the maximum number of cages that115 23 LC 51 0348S
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may be deployed at any given time during that license year. Such permits shall be issued116
in 25 cage increments. The permittee shall pay a fee of $1.00 per cage for the permit, and117
the permit shall be for the same duration and shall be renewed at the same time as the118
shellfish mariculture permit. Containers used for the mariculture of clams shall be exempt119
from this subsection.120
(b)(1) No cage permit may be amended to permit the use of more cages except at the121
time of permit renewal. The permittee, or his or her agent or employee if the permittee122
is not actively harvesting, shall have the cage permit in his or her possession at all times123
while harvesting.124
(2) It shall be unlawful for any permittee or a person designated by such permittee as125
provided in Code Section 27-4-202 to employ more cages than the number allowed by126
the cage permit at any time.127
(c) It shall be unlawful to set or place in the salt waters of this state any shellfish128
mariculture cage which does not have attached to it the an identification assigned tag129
approved by the department to the permittee. The identification shall be assigned by the130
department to the permittee when such permittee is issued his or her shellfish mariculture131
permit. For subsequent years, the same identification shall be assigned to such permittee.132
All intertidal gear shall be exempt from the requirements of this Code section."133
SECTION 8.134
This Act shall become effective upon its approval by the Governor or upon its becoming law135
without such approval for purposes of promulgating rules and regulations and shall become136
effective on July 1, 2023, for all other purposes.137
SECTION 9.138
All laws and parts of laws in conflict with this Act are repealed.139