23 LC 54 0246S
- 1 -
The Senate Committee on Natural Resources and the Environment offered 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 provide for the removal of members of2
the Board of Natural Resources; to extend the date by which rules and regulations prescribed3
by the Board of Natural Resources must be in effect for purposes of establishing criminal4
violations of said rules and regulations; to amend Part 1 of Article 1 of Chapter 3 of Title 275
of the Official Code of Georgia Annotated, relating to general provisions relative to hunting,6
so as to authorize the hunting of bobcat and fox using recorded calls and sounds; to amend7
Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated,8
relating to general provisions relative to seafood, so as to require certain reporting of9
non-activity by seafood dealers; to amend Part 4 of Article 4 of Chapter 4 of Title 27 of the10
Official Code of Georgia Annotated, relating to shellfish, so as to provide for a definition;11
to authorize discretionary penalties for certain enforcement actions by the Department of12
Natural Resources; to repeal certain cage fees; to provide for exemptions; to provide for13
effective dates; to provide for related matters; to repeal conflicting laws; and for other14
purposes.15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 23 LC 54 0246S
- 2 -
SECTION 1.17
Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish,18
is amended in Code Section 27-1-5, relating to rules and regulations promulgated by the19
Board of Natural Resources, by adding a new subsection to read as follows:20
"(f) Notwithstanding any other law to the contrary, members of the Board of Natural21
Resources are subject to removal pursuant to Chapter 5 of Title 45."22
SECTION 2.23
Said chapter is further amended by revising Code Section 27-1-39, relating to rules and24
regulations used to establish criminal violations, as follows:25
"27-1-39.26
Notwithstanding any other law to the contrary, for purposes of establishing criminal27
violations of the rules and regulations promulgated by the Board of Natural Resources as28
provided in this title, the term 'rules and regulations' means those rules and regulations of29
the Board of Natural Resources in force and effect on January 1, 2022 2023."30
SECTION 3.31
Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated,32
relating to general provisions relative to hunting, is amended in Code Section 27-3-12,33
relating to unlawful substances and equipment and computer assisted remote hunting34
prohibited, by revising subsection (a) as follows:35
"(a) It shall be unlawful to hunt any wild animal, game animal, or game bird by means of36
drugs, poisons, chemicals, smoke, gas, explosives, or recorded calls or sounds, or recorded37
and electronically imitated or amplified sounds or calls including, but not limited to,38
electronically imitated or amplified calls or sounds, except that bobcat and fox may be39
hunted using recorded calls or sounds. It shall also be unlawful to use electronic40 23 LC 54 0246S
- 3 -
communications equipment for the purpose of facilitating pursuit of any wild animal, game41
bird, or game animal."42
SECTION 4.43
Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated,44
relating to general provisions relative to seafood, is amended in Code Section 27-4-136,45
relating to seafood dealer license, maintenance of records, and purchase of seafood, by46
revising paragraph (3) of subsection (a) as follows:47
"(3) Each person required to maintain records pursuant to paragraph (2) of this48
subsection shall report such information to the department, whose address for the purpose49
of reporting shall be the Coastal Resource Division headquarters, at such times and in50
such manner as the board provides by rule or regulation. For the purposes of this51
subsection, a person licensed as a seafood dealer who has taken no activity described in52
paragraph (2) of this subsection within any given month shall report such non-activity to53
the department in the same manner as provided by rule or regulation."54
SECTION 5.55
Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated,56
relating to shellfish, is amended in Code Section 27-4-188, relating to definitions, by adding57
a new paragraph to read as follows:58
"(2.1) 'Cage' means a containment unit of any size that contains or may contain shellfish59
for commercial sale. For a larger outer unit which holds smaller units inside, the entire60
unit shall be treated as a single cage."61 23 LC 54 0246S
- 4 -
SECTION 6.62
Said part is further amended in Code Section 27-4-190, relating to commercial fishing license63
with shellfish endorsement and master harvester permit or harvester permit, hours for taking64
shellfish, and recreational harvesting, by revising paragraph (1) of subsection (a) as follows:65
"(a)(1) It shall be unlawful to take or possess shellfish in commercial quantities or for66
commercial purposes without first having obtained a commercial fishing license with a67
shellfish endorsement and a master harvester permit or harvester permit or without proof68
of purchase that such shellfish were purchased from a certified shellfish dealer. Master69
harvester permits shall specify whether the permittee is authorized to take oysters, clams,70
or other shellfish and shall only be issued to persons certified by the Department of71
Agriculture to handle shellfish unless permission to take and possess shellfish has been72
granted by the department as described in subsection (d) of Code Section 27-4-197 and73
in Code Section 27-4-202. Such permits shall be provided annually. A permittee may74
request authorization from the department for employees or agents, who shall be referred75
to as harvesters, of such permittee to take shellfish from permitted areas. Such request76
shall be in writing to the department and shall include the name, address, and personal77
commercial fishing license number of the harvester. It shall be unlawful for harvesters78
to take or possess shellfish as authorized under their employer's master harvester permit79
unless they carry on their person while taking or in possession of shellfish a harvester80
permit as provided by the department indicating the exact area and circumstances81
allowed for taking. Such harvesters' permits and charts shall be provided annually by the82
department and shall be in a form as prescribed by the department. Harvesters must83
possess a valid personal commercial fishing license as provided for in Code Section84
27-4-110, a shellfish endorsement as provided for in the department's rules and85
regulations, and, when a boat is used, a valid commercial fishing boat license as provided86
in Code Section 27-2-8. Master harvester permits and harvester permits shall not be87
issued may be denied pursuant to Code Section 27-2-25 to persons who have violated this88 23 LC 54 0246S
- 5 -
part in the two years immediately preceding the filing of an application for a permit.89
Permits may be revoked pursuant to Code Section 27-2-25. Master harvester permits and90
harvester permits issued to master harvesters or agents shall be surrendered to the91
department upon termination of Department of Agriculture certification for handling92
shellfish, or upon termination of right to harvest shellfish, or upon violation of any93
provision of this title pursuant to Code Section 27-4-201. If a harvester is removed from94
authorization to take shellfish by the master harvester permittee, the master harvester95
shall immediately notify the department of such removal. In addition, that harvester shall96
immediately surrender to the department his or her harvester permit. It shall be unlawful97
to possess unauthorized harvester permits or harvester permits issued to another person."98
SECTION 7.99
Said part is further amended by revising Code Section 27-4-201, relating to penalty for100
violation of article and revocation of authorizations, as follows:101
"27-4-201.102
(a) Except as otherwise provided in this article, any person who violates any provision of103
this article part shall, upon conviction thereof, be guilty of a misdemeanor of a high and104
aggravated nature.105
(b) Any authorizations issued under this part to any person convicted of violating any106
provision of this article shall part may be revoked by operation of law and shall not be107
reissued for a period of three years. The department shall notify the person in writing of108
the revocation. Prior to revocation, such person shall have opportunity for hearing in109
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'110
pursuant to Code Section 27-2-25; provided, however, that upon the first such conviction,111
a harvester permit shall not be revoked if the harvester satisfactorily completes, within 30112
days of notice from the department, the retraining specified by the department in113 23 LC 54 0246S
- 6 -
accordance with the requirements of the National Shellfish Sanitation Program pursuant114
to subsection (d) of Code Section 27-4-195."115
SECTION 8.116
Said part is further amended by revising Code Section 27-4-204, relating to permitting,117
number of cages, and identification attached to cages, as follows:118
"27-4-204.119
(a) The first time that a person obtains or renews a shellfish mariculture permit, he or she120
shall obtain a permit from the department establishing the maximum number of cages that121
may be deployed at any given time during that license year. Such permits shall be issued122
in 25 cage increments. The permittee shall pay a fee of $1.00 per cage for the permit, and123
the permit shall be for the same duration and shall be renewed at the same time as the124
shellfish mariculture permit. Containers used for the mariculture of clams shall be exempt125
from this subsection.126
(b)(1) No cage permit may be amended to permit the use of more cages except at the127
time of permit renewal. The permittee, or his or her agent or employee if the permittee128
is not actively harvesting, shall have the cage permit in his or her possession at all times129
while harvesting.130
(2) It shall be unlawful for any permittee or a person designated by such permittee as131
provided in Code Section 27-4-202 to employ more cages than the number allowed by132
the cage permit at any time.133
(c) It shall be unlawful to set or place in the salt waters of this state any shellfish134
mariculture cage which does not have attached to it the an identification assigned tag135
approved by the department to the permittee. The identification shall be assigned by the136
department to the permittee when such permittee is issued his or her shellfish mariculture137
permit. For subsequent years, the same identification shall be assigned to such permittee.138
All intertidal gear shall be exempt from the requirements of this Code section."139 23 LC 54 0246S
- 7 -
SECTION 9.140
Section 1 of this Act shall become effective upon its approval by the Governor or upon its141
becoming law without such approval. The remainder of this Act shall become effective upon142
its approval by the Governor or upon its becoming law without such approval for purposes143
of promulgating rules and regulations and shall become effective on July 1, 2023, for all144
other purposes.145
SECTION 10.146
All laws and parts of laws in conflict with this Act are repealed.147