24 LC 44 2622S
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 Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to1
Environmental Protection Division, Environmental Advisory Council, duties of council and2
its members and director, appeal procedures generally, permit applications, and inspections,3
so as to update an effective date; to amend Title 27 of the Official Code of Georgia4
Annotated, relating to game and fish, so as to extend the date by which rules and regulations5
prescribed by the Board of Natural Resources must be in effect for purposes of establishing6
criminal violations of said rules and regulations; to correct a cross-reference; to authorize the7
hunting of bobcat and fox using recorded calls and sounds; to require certain reporting of8
nonactivity by seafood dealers; to provide for a definition; to authorize discretionary9
penalties for certain enforcement actions by the Department of Natural Resources; to repeal10
certain cage fees; to provide for exemptions; to amend Code Section 52-7-26 of the Official11
Code of Georgia Annotated, relating to penalty, so as to update an effective date; to provide12
for effective dates; to provide for related matters; to repeal conflicting laws; and for other13
purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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SECTION 1.16
Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to Environmental17
Protection Division, Environmental Advisory Council, duties of council and its members and18
director, appeal procedures generally, permit applications, and inspections, is amended by19
revising paragraph (5) of subsection (c) as follows:20
"(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal21
violations of the standards, rules, and regulations promulgated by the Board of Natural22
Resources as provided in this title, the term 'standards, rules, and regulations' shall mean23
those standards, rules, and regulations of the Board of Natural Resources in force and24
effect on January 1, 2022 2024."25
SECTION 2.26
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by27
revising Code Section 27-1-39, relating to rules and regulations used to establish criminal28
violations, as follows:29
"27-1-39.30
Notwithstanding any other law to the contrary, for purposes of establishing criminal31
violations of the rules and regulations promulgated by the Board of Natural Resources as32
provided in this title, the term 'rules and regulations' means those rules and regulations of33
the Board of Natural Resources in force and effect on January 1, 2022 2024."34
SECTION 3.35
Said title is further amended in Code Section 27-2-8, relating to commercial fishing boat36
licenses, by revising subsection (d) as follows:37
"(d) The owner or operator of a trawler licensed according to subsection (b) of this Code38
section may purchase a trawler crew license as provided for in subparagraphs (W)39
and (X) (Y) and (Z) of paragraph (8) of Code Section 27-2-23. Such license shall cover40
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all crew members aboard the trawler while fishing, and all such crew members while so41
covered shall be exempt from the personal commercial fishing license requirements42
otherwise applicable under this title. Such trawler crew license shall be separate and43
distinct from any other license, shall be valid only for the trawler for which it is purchased,44
and shall not be transferable to any other trawler or vessel. Such trawler crew license shall45
be valid for a fishing year as provided for in Code Section 27-2-3 and shall be carried46
onboard the trawler while the trawler is in operation for purposes of the trawler crew47
license."48
SECTION 4.49
Said title is further amended in Code Section 27-3-12, relating to unlawful substances and50
equipment and computer assisted remote hunting prohibited, by revising subsection (a) as51
follows:52
"(a) It shall be unlawful to hunt any wild animal, game animal, or game bird by means of53
drugs, poisons, chemicals, smoke, gas, explosives, or recorded calls or sounds, or recorded54
and electronically imitated or amplified sounds or calls including, but not limited to,55
electronically imitated or amplified calls or sounds, except that bobcat and fox may be56
hunted using recorded calls or sounds. It shall also be unlawful to use electronic57
communications equipment for the purpose of facilitating pursuit of any wild animal, game58
bird, or game animal."59
SECTION 5.60
Said title is further amended in Code Section 27-4-136, relating to seafood dealer license,61
maintenance of records, and purchase of seafood, by revising paragraph (3) of subsection (a)62
as follows:63
"(3) Each person required to maintain records pursuant to paragraph (2) of this64
subsection shall report such information to the department, whose address for the purpose65
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of reporting shall be the Coastal Resource Division headquarters, at such times and in66
such manner as the board provides by rule or regulation. For the purposes of this67
subsection, a person licensed as a seafood dealer who has taken no activity described in68
paragraph (2) of this subsection within any given month shall report such nonactivity to69
the department in the same manner as provided by rule or regulation."70
SECTION 6.71
Said title is further amended in Code Section 27-4-188, relating to definitions, by adding a72
new paragraph to read as follows:73
"(2.1) 'Cage' means a containment unit of any size that contains or may contain shellfish74
for commercial sale. For a larger outer unit which holds smaller units inside, the entire75
unit shall be treated as a single cage."76
SECTION 7.77
Said title is further amended in Code Section 27-4-190, relating to commercial fishing license78
with shellfish endorsement and master harvester permit or harvester permit, hours for taking79
shellfish, and recreational harvesting, by revising paragraph (1) of subsection (a) as follows:80
"(a)(1) It shall be unlawful to take or possess shellfish in commercial quantities or for81
commercial purposes without first having obtained a commercial fishing license with a82
shellfish endorsement and a master harvester permit or harvester permit or without proof83
of purchase that such shellfish were purchased from a certified shellfish dealer. Master84
harvester permits shall specify whether the permittee is authorized to take oysters, clams,85
or other shellfish and shall only be issued to persons certified by the Department of86
Agriculture to handle shellfish unless permission to take and possess shellfish has been87
granted by the department as described in subsection (d) of Code Section 27-4-197 and88
in Code Section 27-4-202. Such permits shall be provided annually. A permittee may89
request authorization from the department for employees or agents, who shall be referred90
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to as harvesters, of such permittee to take shellfish from permitted areas. Such request91
shall be in writing to the department and shall include the name, address, and personal92
commercial fishing license number of the harvester. It shall be unlawful for harvesters93
to take or possess shellfish as authorized under their employer's master harvester permit94
unless they carry on their person while taking or in possession of shellfish a harvester95
permit as provided by the department indicating the exact area and circumstances96
allowed for taking. Such harvesters' permits and charts shall be provided annually by the97
department and shall be in a form as prescribed by the department. Harvesters must98
possess a valid personal commercial fishing license as provided for in Code Section99
27-4-110, a shellfish endorsement as provided for in the department's rules and100
regulations, and, when a boat is used, a valid commercial fishing boat license as provided101
in Code Section 27-2-8. Master harvester permits and harvester permits shall not be102
issued may be denied pursuant to Code Section 27-2-25 to persons who have violated this103
part in the two years immediately preceding the filing of an application for a permit. 104
Permits may be revoked pursuant to Code Section 27-2-25. Master harvester permits and105
harvester permits issued to master harvesters or agents shall be surrendered to the106
department upon termination of Department of Agriculture certification for handling107
shellfish, or upon termination of right to harvest shellfish, or upon violation of any108
provision of this title pursuant to Code Section 27-4-201. If a harvester is removed from109
authorization to take shellfish by the master harvester permittee, the master harvester110
shall immediately notify the department of such removal. In addition, that harvester shall111
immediately surrender to the department his or her harvester permit. It shall be unlawful112
to possess unauthorized harvester permits or harvester permits issued to another person."113
SECTION 8.114
Said title is further amended by revising Code Section 27-4-201, relating to penalty for115
violation of article and revocation of authorizations, as follows:116
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"27-4-201.117
(a) Except as otherwise provided in this article, any person who violates any provision of118
this article part shall, upon conviction thereof, be guilty of a misdemeanor of a high and119
aggravated nature.120
(b) Any authorizations issued under this part to any person convicted of violating any121
provision of this article shall part may be revoked by operation of law and shall not be122
reissued for a period of three years. The department shall notify the person in writing of123
the revocation. Prior to revocation, such person shall have opportunity for hearing in124
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'125
pursuant to Code Section 27-2-25; provided, however, that, upon the first such conviction,126
a harvester permit shall not be revoked if the harvester satisfactorily completes, within 30127
days of notice from the department, the retraining specified by the department in128
accordance with the requirements of the National Shellfish Sanitation Program pursuant129
to subsection (d) of Code Section 27-4-195."130
SECTION 9.131
Said title is further amended by revising Code Section 27-4-204, relating to permitting,132
number of cages, and identification attached to cages, as follows:133
"27-4-204.134
(a) The first time that a person obtains or renews a shellfish mariculture permit, he or she135
shall obtain a permit from the department establishing the maximum number of cages that136
may be deployed at any given time during that license year. Such permits shall be issued137
in 25 cage increments. The permittee shall pay a fee of $1.00 per cage for the permit, and138
the permit shall be for the same duration and shall be renewed at the same time as the139
shellfish mariculture permit. Containers used for the mariculture of clams shall be exempt140
from this subsection.141
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(b)(1) No cage permit may be amended to permit the use of more cages except at the142
time of permit renewal. The permittee, or his or her agent or employee if the permittee143
is not actively harvesting, shall have the cage permit in his or her possession at all times144
while harvesting.145
(2) It shall be unlawful for any permittee or a person designated by such permittee as146
provided in Code Section 27-4-202 to employ more cages than the number allowed by147
the cage permit at any time.148
(c) It shall be unlawful to set or place in the salt waters of this state any shellfish149
mariculture cage which does not have attached to it the an identification assigned tag150
approved by the department to the permittee. The identification shall be assigned by the151
department to the permittee when such permittee is issued his or her shellfish mariculture152
permit. For subsequent years, the same identification shall be assigned to such permittee.153
All intertidal gear shall be exempt from the requirements of this Code section."154
SECTION 10.155
Code Section 52-7-26 of the Official Code of Georgia Annotated, relating to penalty, is156
amended by revising subsection (a) as follows:157
"(a) Except as otherwise provided in this article, any person who violates this article or any158
rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes159
of establishing criminal violations of the rules and regulations promulgated by the board160
as provided in this article, the term 'rules and regulations' means those rules and regulations161
of the board in force and effect on January 1, 2023 2024."162
SECTION 11.163
This Act shall become effective upon its approval by the Governor or upon its becoming law164
without such approval for purposes of promulgating rules and regulations and shall become165
effective on July 1, 2024, for all other purposes.166
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SECTION 12.167
All laws and parts of laws in conflict with this Act are repealed.168
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