| 19 | 7 | | Environmental Protection Division, Environmental Advisory Council, duties of council and2 |
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| 20 | 8 | | its members and director, appeal procedures generally, permit applications, and inspections,3 |
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| 21 | 9 | | so as to update an effective date; to amend Title 27 of the Official Code of Georgia4 |
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| 22 | 10 | | Annotated, relating to game and fish, so as to extend the date by which rules and regulations5 |
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| 23 | 11 | | prescribed by the Board of Natural Resources must be in effect for purposes of establishing6 |
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| 24 | 12 | | criminal violations of said rules and regulations; to correct a cross-reference; to authorize the7 |
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| 25 | 13 | | hunting of bobcat and fox using recorded calls and sounds; to require certain reporting of8 |
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| 26 | 14 | | nonactivity by seafood dealers; to provide for a definition; to authorize discretionary9 |
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| 27 | 15 | | penalties for certain enforcement actions by the Department of Natural Resources; to repeal10 |
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| 28 | 16 | | certain cage fees; to provide for exemptions; to amend Code Section 52-7-26 of the Official11 |
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| 29 | 17 | | Code of Georgia Annotated, relating to penalty, so as to update an effective date; to provide12 |
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| 30 | 18 | | for effective dates; to provide for related matters; to repeal conflicting laws; and for other13 |
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| 31 | 19 | | purposes.14 |
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| 32 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 |
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| 37 | 23 | | Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to Environmental17 |
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| 38 | 24 | | Protection Division, Environmental Advisory Council, duties of council and its members and18 |
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| 39 | 25 | | director, appeal procedures generally, permit applications, and inspections, is amended by19 |
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| 40 | 26 | | revising paragraph (5) of subsection (c) as follows:20 |
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| 41 | 27 | | "(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal21 |
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| 42 | 28 | | violations of the standards, rules, and regulations promulgated by the Board of Natural22 |
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| 43 | 29 | | Resources as provided in this title, the term 'standards, rules, and regulations' shall mean23 |
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| 44 | 30 | | those standards, rules, and regulations of the Board of Natural Resources in force and24 |
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| 47 | 32 | | SECTION 2.26 |
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| 48 | 33 | | Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by27 |
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| 49 | 34 | | revising Code Section 27-1-39, relating to rules and regulations used to establish criminal28 |
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| 50 | 35 | | violations, as follows:29 |
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| 51 | 36 | | "27-1-39.30 |
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| 52 | 37 | | Notwithstanding any other law to the contrary, for purposes of establishing criminal31 |
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| 53 | 38 | | violations of the rules and regulations promulgated by the Board of Natural Resources as32 |
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| 54 | 39 | | provided in this title, the term 'rules and regulations' means those rules and regulations of33 |
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| 55 | 40 | | the Board of Natural Resources in force and effect on January 1, 2022 2024."34 |
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| 56 | 41 | | SECTION 3.35 |
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| 57 | 42 | | Said title is further amended in Code Section 27-2-8, relating to commercial fishing boat36 |
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| 58 | 43 | | licenses, by revising subsection (d) as follows:37 |
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| 59 | 44 | | "(d) The owner or operator of a trawler licensed according to subsection (b) of this Code38 |
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| 60 | 45 | | section may purchase a trawler crew license as provided for in subparagraphs (W)39 |
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| 61 | 46 | | and (X) (Y) and (Z) of paragraph (8) of Code Section 27-2-23. Such license shall cover40 |
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| 66 | 49 | | covered shall be exempt from the personal commercial fishing license requirements42 |
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| 67 | 50 | | otherwise applicable under this title. Such trawler crew license shall be separate and43 |
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| 68 | 51 | | distinct from any other license, shall be valid only for the trawler for which it is purchased,44 |
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| 69 | 52 | | and shall not be transferable to any other trawler or vessel. Such trawler crew license shall45 |
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| 70 | 53 | | be valid for a fishing year as provided for in Code Section 27-2-3 and shall be carried46 |
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| 71 | 54 | | onboard the trawler while the trawler is in operation for purposes of the trawler crew47 |
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| 72 | 55 | | license."48 |
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| 73 | 56 | | SECTION 4.49 |
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| 74 | 57 | | Said title is further amended in Code Section 27-3-12, relating to unlawful substances and50 |
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| 75 | 58 | | equipment and computer assisted remote hunting prohibited, by revising subsection (a) as51 |
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| 76 | 59 | | follows:52 |
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| 77 | 60 | | "(a) It shall be unlawful to hunt any wild animal, game animal, or game bird by means of53 |
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| 78 | | - | drugs, poisons, chemicals, smoke, gas, explosives, or |
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| 79 | | - | recorded calls or sounds, or recorded54 |
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| 61 | + | drugs, poisons, chemicals, smoke, gas, explosives, or recorded calls or sounds, or recorded54 |
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| 80 | 62 | | and electronically imitated or amplified sounds or calls including, but not limited to,55 |
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| 81 | 63 | | electronically imitated or amplified calls or sounds, except that bobcat and fox may be56 |
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| 82 | 64 | | hunted using recorded calls or sounds. It shall also be unlawful to use electronic57 |
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| 83 | 65 | | communications equipment for the purpose of facilitating pursuit of any wild animal, game58 |
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| 84 | 66 | | bird, or game animal."59 |
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| 85 | 67 | | SECTION 5.60 |
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| 86 | 68 | | Said title is further amended in Code Section 27-4-136, relating to seafood dealer license,61 |
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| 87 | 69 | | maintenance of records, and purchase of seafood, by revising paragraph (3) of subsection (a)62 |
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| 88 | 70 | | as follows:63 |
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| 89 | 71 | | "(3) Each person required to maintain records pursuant to paragraph (2) of this64 |
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| 90 | 72 | | subsection shall report such information to the department, whose address for the purpose65 |
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| 97 | 76 | | subsection, a person licensed as a seafood dealer who has taken no activity described in68 |
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| 98 | 77 | | paragraph (2) of this subsection within any given month shall report such nonactivity to69 |
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| 99 | 78 | | the department in the same manner as provided by rule or regulation."70 |
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| 100 | 79 | | SECTION 6.71 |
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| 101 | 80 | | Said title is further amended in Code Section 27-4-188, relating to definitions, by adding a72 |
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| 102 | 81 | | new paragraph to read as follows:73 |
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| 103 | 82 | | "(2.1) 'Cage' means a containment unit of any size that contains or may contain shellfish74 |
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| 104 | 83 | | for commercial sale. For a larger outer unit which holds smaller units inside, the entire75 |
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| 105 | 84 | | unit shall be treated as a single cage."76 |
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| 106 | 85 | | SECTION 7.77 |
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| 107 | 86 | | Said title is further amended in Code Section 27-4-190, relating to commercial fishing license78 |
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| 108 | 87 | | with shellfish endorsement and master harvester permit or harvester permit, hours for taking79 |
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| 109 | 88 | | shellfish, and recreational harvesting, by revising paragraph (1) of subsection (a) as follows:80 |
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| 110 | 89 | | "(a)(1) It shall be unlawful to take or possess shellfish in commercial quantities or for81 |
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| 111 | 90 | | commercial purposes without first having obtained a commercial fishing license with a82 |
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| 112 | 91 | | shellfish endorsement and a master harvester permit or harvester permit or without proof83 |
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| 113 | 92 | | of purchase that such shellfish were purchased from a certified shellfish dealer. Master84 |
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| 114 | 93 | | harvester permits shall specify whether the permittee is authorized to take oysters, clams,85 |
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| 115 | 94 | | or other shellfish and shall only be issued to persons certified by the Department of86 |
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| 116 | 95 | | Agriculture to handle shellfish unless permission to take and possess shellfish has been87 |
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| 117 | 96 | | granted by the department as described in subsection (d) of Code Section 27-4-197 and88 |
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| 118 | 97 | | in Code Section 27-4-202. Such permits shall be provided annually. A permittee may89 |
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| 119 | 98 | | request authorization from the department for employees or agents, who shall be referred90 |
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| 124 | 101 | | shall be in writing to the department and shall include the name, address, and personal92 |
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| 125 | 102 | | commercial fishing license number of the harvester. It shall be unlawful for harvesters93 |
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| 126 | 103 | | to take or possess shellfish as authorized under their employer's master harvester permit94 |
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| 127 | 104 | | unless they carry on their person while taking or in possession of shellfish a harvester95 |
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| 128 | 105 | | permit as provided by the department indicating the exact area and circumstances96 |
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| 129 | 106 | | allowed for taking. Such harvesters' permits and charts shall be provided annually by the97 |
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| 130 | 107 | | department and shall be in a form as prescribed by the department. Harvesters must98 |
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| 131 | 108 | | possess a valid personal commercial fishing license as provided for in Code Section99 |
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| 132 | 109 | | 27-4-110, a shellfish endorsement as provided for in the department's rules and100 |
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| 133 | 110 | | regulations, and, when a boat is used, a valid commercial fishing boat license as provided101 |
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| 136 | 112 | | issued may be denied pursuant to Code Section 27-2-25 to persons who have violated this103 |
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| 137 | 113 | | part in the two years immediately preceding the filing of an application for a permit. 104 |
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| 138 | 114 | | Permits may be revoked pursuant to Code Section 27-2-25. Master harvester permits and105 |
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| 139 | 115 | | harvester permits issued to master harvesters or agents shall be surrendered to the106 |
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| 140 | 116 | | department upon termination of Department of Agriculture certification for handling107 |
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| 141 | 117 | | shellfish, or upon termination of right to harvest shellfish, or upon violation of any108 |
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| 142 | 118 | | provision of this title pursuant to Code Section 27-4-201. If a harvester is removed from109 |
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| 143 | 119 | | authorization to take shellfish by the master harvester permittee, the master harvester110 |
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| 144 | 120 | | shall immediately notify the department of such removal. In addition, that harvester shall111 |
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| 145 | 121 | | immediately surrender to the department his or her harvester permit. It shall be unlawful112 |
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| 146 | 122 | | to possess unauthorized harvester permits or harvester permits issued to another person."113 |
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| 147 | 123 | | SECTION 8.114 |
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| 148 | 124 | | Said title is further amended by revising Code Section 27-4-201, relating to penalty for115 |
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| 149 | 125 | | violation of article and revocation of authorizations, as follows:116 |
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| 157 | 130 | | aggravated nature.120 |
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| 158 | 131 | | (b) Any authorizations issued under this part to any person convicted of violating any121 |
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| 159 | 132 | | provision of this article shall part may be revoked by operation of law and shall not be122 |
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| 160 | 133 | | reissued for a period of three years. The department shall notify the person in writing of123 |
|---|
| 161 | 134 | | the revocation. Prior to revocation, such person shall have opportunity for hearing in124 |
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| 162 | 135 | | accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'125 |
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| 163 | 136 | | pursuant to Code Section 27-2-25; provided, however, that, upon the first such conviction,126 |
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| 164 | 137 | | a harvester permit shall not be revoked if the harvester satisfactorily completes, within 30127 |
|---|
| 165 | 138 | | days of notice from the department, the retraining specified by the department in128 |
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| 166 | 139 | | accordance with the requirements of the National Shellfish Sanitation Program pursuant129 |
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| 167 | 140 | | to subsection (d) of Code Section 27-4-195."130 |
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| 168 | 141 | | SECTION 9.131 |
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| 169 | 142 | | Said title is further amended by revising Code Section 27-4-204, relating to permitting,132 |
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| 170 | 143 | | number of cages, and identification attached to cages, as follows:133 |
|---|
| 171 | 144 | | "27-4-204.134 |
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| 172 | 145 | | (a) The first time that a person obtains or renews a shellfish mariculture permit, he or she135 |
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| 173 | 146 | | shall obtain a permit from the department establishing the maximum number of cages that136 |
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| 174 | 147 | | may be deployed at any given time during that license year. Such permits shall be issued137 |
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| 175 | 148 | | in 25 cage increments. The permittee shall pay a fee of $1.00 per cage for the permit, and138 |
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| 176 | 149 | | the permit shall be for the same duration and shall be renewed at the same time as the139 |
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| 177 | 150 | | shellfish mariculture permit. Containers used for the mariculture of clams shall be exempt140 |
|---|
| 178 | 151 | | from this subsection.141 |
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| 181 | 153 | | (b)(1) No cage permit may be amended to permit the use of more cages except at the142 |
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| 182 | 154 | | time of permit renewal. The permittee, or his or her agent or employee if the permittee143 |
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| 183 | 155 | | is not actively harvesting, shall have the cage permit in his or her possession at all times144 |
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| 184 | 156 | | while harvesting.145 |
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| 185 | 157 | | (2) It shall be unlawful for any permittee or a person designated by such permittee as146 |
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| 186 | 158 | | provided in Code Section 27-4-202 to employ more cages than the number allowed by147 |
|---|
| 187 | 159 | | the cage permit at any time.148 |
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| 188 | 160 | | (c) It shall be unlawful to set or place in the salt waters of this state any shellfish149 |
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| 189 | 161 | | mariculture cage which does not have attached to it the an identification assigned tag150 |
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| 190 | 162 | | approved by the department to the permittee. The identification shall be assigned by the151 |
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| 191 | 163 | | department to the permittee when such permittee is issued his or her shellfish mariculture152 |
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| 192 | 164 | | permit. For subsequent years, the same identification shall be assigned to such permittee.153 |
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| 193 | 165 | | All intertidal gear shall be exempt from the requirements of this Code section."154 |
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| 194 | 166 | | SECTION 10.155 |
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| 195 | 167 | | Code Section 52-7-26 of the Official Code of Georgia Annotated, relating to penalty, is156 |
|---|
| 196 | 168 | | amended by revising subsection (a) as follows:157 |
|---|
| 197 | 169 | | "(a) Except as otherwise provided in this article, any person who violates this article or any158 |
|---|
| 198 | 170 | | rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes159 |
|---|
| 199 | 171 | | of establishing criminal violations of the rules and regulations promulgated by the board160 |
|---|
| 200 | 172 | | as provided in this article, the term 'rules and regulations' means those rules and regulations161 |
|---|
| 201 | 173 | | of the board in force and effect on January 1, 2023 2024."162 |
|---|
| 202 | 174 | | SECTION 11.163 |
|---|
| 203 | 175 | | This Act shall become effective upon its approval by the Governor or upon its becoming law164 |
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| 204 | 176 | | without such approval for purposes of promulgating rules and regulations and shall become165 |
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| 205 | 177 | | effective on July 1, 2024, for all other purposes.166 |
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