HB287: HB287 Environmental Protection Division; Environmental Advisory Council; update reference date to standards, rules, and regulations

25 LC 44 2970/AP House Bill 287 (AS PASSED HOUSE AND SENATE) By: Representatives Rhodes of the 124 th, Corbett of the 174 th, LaHood of the 175 th, McDonald III of the 26th, and Cannon of the 172nd A BILL TO BE ENTITLED AN ACT To amend Code Section 12-2-2 of the Official Code of Georgia An notated, 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 the reference date to standards, rules, and regulations; to amend Title 27 of4 the Official Code of Georgia Annotated, relating to game and fi sh, so as to update the5 reference date to rules and regulations; to provide for courtesy hunting and fishing licenses6 for paralyzed or disabled individuals; to change an age require ment for the special turkey7 hunting season for young and mobility impaired hunters; to prov ide for fees for resident8 shellfish crews; to amend Code Section 52-7-26 of the Official Code of Georgia Annotated,9 relating to penalty, so as to update the reference date to rules and regulations; 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 Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to Environmental14 Protection Division, Environmental Advisory Council, duties of council and its members and15 H. B. 287 - 1 - 25 LC 44 2970/AP director, appeal procedures generally, permit applications, and inspections, is amended by16 revising paragraph (5) of subsection (c) as follows:17 "(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal18 violations of the standards, rules, and regulations promulgated by the Board of Natural19 Resources as provided in this title, the term 'standards, rules, and regulations' shall mean20 those standards, rules, and regulations of the Board of Natural Resources in force and21 effect on January 1, 2024 2025."22 SECTION 2.23 Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by24 revising Code Section 27-1-39, relating to rules and regulation s used to establish criminal25 violations, as follows:26 "27-1-39.27 Notwithstanding any other law to the contrary, for purposes of establishing criminal28 violations of the rules and regulations promulgated by the Board of Natural Resources as29 provided in this title, the term 'rules and regulations' means those rules and regulations of30 the Board of Natural Resources in force and effect on January 1, 2024 2025."31 SECTION 3.32 Said title is further amended by revising Code Section 27-2-4.2 , relating to courtesy33 nonresident fishing licenses to certain paralyzed or disabled veterans, as follows:34 "27-2-4.2.35 (a) The department is authorized to issue a courtesy resident or nonresident fishing license,36 without fee, to any person who is not a resident of this state who is a paralyzed or disabled37 veteran and who is participating in an organized fishing tournament event in this state38 which is sponsored and conducted by a nonprofit charitable asso ciation of paralyzed or39 disabled veterans or the department, provided that such tournament event is approved by40 H. B. 287 - 2 - 25 LC 44 2970/AP the department. Such courtesy nonresident fishing license shall be valid for use only41 during the specified dates of such tournament event and for a maximum of seven days and42 shall include all requirements and privileges of a nonresident fishing license, including the43 nonresident trout license, for use only in association with such tournament approved event.44 (b) The department is authorized to issue a courtesy resident or nonresident hunting45 license, without fee, to any person who is paralyzed or disabled and who is participating46 in an organized hunting event in this state which is sponsored and conducted by a nonprofit47 charitable association or the department, provided that such ev ent is approved by the48 department; provided, however, that persons disabled because of a mental impairment shall49 be issued a courtesy fishing license only, pursuant to subsection (a) of this Code section. 50 Such courtesy hunting license shall be valid for use only during the specified dates of such51 hunting event and for a maximum of seven days and shall include all requirements and52 privileges of a hunting license, including the big game and any other requisite state hunting53 licenses, for use only in association with such approved event.54 (c) All courtesy hunting and fishing licenses are subject to a ll wildlife laws, rules, and55 regulations with the exception of the provisions requiring the payment of fees as described56 in Code Section 27-2-23 for such licenses. Such courtesy licen ses may be revoked in57 accordance with this title. It shall be unlawful for any person who has a courtesy hunting58 license or a courtesy fishing license to permit the use of such license by any other person. 59 It shall also be unlawful for any person who is issued a courte sy hunting license or a60 courtesy fishing license to use the license except at the depar tment approved event for61 which such courtesy license was issued."62 SECTION 4.63 Said title is further amended by revising Code Section 27-2-4.4 , relating to special turkey64 hunting season for young and mobility impaired hunters, as follows:65 H. B. 287 - 3 - 25 LC 44 2970/AP "27-2-4.4.66 (a) As used in this Code section, the term 'mobility impaired person' means any person67 who has been verified by a doctor of medicine currently licensed to practice by the Georgia68 Composite Medical Board, the State Board of Examiners in Osteopathy, or an equivalent69 body of another state to have any one of the following permanent conditions:70 (1) Dependence upon a wheelchair or similar device for ambulation;71 (2) Hemiplegia;72 (3) Monoplegia;73 (4) Paraplegia; or74 (5) Single-leg amputation above the knee.75 (b) The board shall promulgate rules and regulations authorizi ng the hunting of turkeys76 during an extended open season to:77 (1) Youth under 16 years of age Any person who is 16 years of age or younger; or78 (2) Any mobility impaired person.79 (c) Notwithstanding any provisions of Code Section 27-3-15 to the contrary, such80 extended season shall be for the weekend prior to the first wee kend of the open turkey81 season, as established by the board.82 (d) Such special authorization shall be subject to all other provisions of this title."83 SECTION 5.84 Said title is further amended in Code Section 27-2-23, relating to license, permit, tag, and85 stamp fees, by adding new subparagraphs to paragraph (8) to read as follows:86 "(BB) Resident shellfish crew, up to ten87 harvesters88 Annual 200.00 (CC) Resident shellfish crew, unlimited89 harvesters90 Annual 400.00" H. B. 287 - 4 - 25 LC 44 2970/AP SECTION 6.91 Said title is further amended in Code Section 27-4-190, relating to commercial fishing license92 with shellfish endorsement and master harvester permit or harvester permit, hours for taking93 shellfish, and recreational harvesting, by revising paragraph (1) of subsection (a) as follows:94 "(a)(1) It shall be unlawful to take or possess shellfish in co mmercial quantities or for95 commercial purposes without first having obtained a commercial fishing license with a96 shellfish endorsement and a master harvester permit or harvester permit or without proof97 of purchase that such shellfish were purchased from a certified shellfish dealer. Master98 harvester permits shall specify whether the permittee is authorized to take oysters, clams,99 or other shellfish and shall only be issued to persons certifie d by the Department of100 Agriculture to handle shellfish unless permission to take and possess shellfish has been101 granted by the department as described in subsection (d) of Code Section 27-4-197 and102 in Code Section 27-4-202. Such permits shall be provided annually. A permittee may103 request authorization from the department for employees or agents, who shall be referred104 to as harvesters, of such permittee to take shellfish from permitted areas. Such request105 shall be in writing to the department and shall include the nam e, address, and personal106 commercial fishing license number of the harvester. It shall be unlawful for harvesters107 to take or possess shellfish as authorized under their employer's master harvester permit108 unless they carry on their person while taking or in possession of shellfish a harvester109 permit as provided by the department indicating the exact area and circumstances allowed110 for taking. Such harvesters' permits and charts shall be provi ded annually by the111 department and shall be in a form as prescribed by the departme nt. Harvesters must112 possess a valid personal commercial fishing license as provided for in Code113 Section 27-4-110, a shellfish endorsement as provided for in the department's rules and114 regulations, and, when a boat is used, a valid commercial fishing boat license as provided115 in Code Section 27-2-8, unless the harvester is operating under a master harvester who116 has purchased a valid shellfish crew license as provided for in Code Section 27-2-23 for117 H. B. 287 - 5 - 25 LC 44 2970/AP the purposes of such license . Master harvester permits and harvester permits may be118 denied pursuant to Code Section 27-2-25 to persons who have vio lated this part in the119 two years immediately preceding the filing of an application for a permit. Permits may120 be revoked pursuant to Code Section 27-2-25. Master harvester permits and harvester121 permits issued to master harvesters or agents shall be surrendered to the department upon122 termination of Department of Agriculture certification for hand ling shellfish or upon123 termination of right to harvest shellfish pursuant to Code Section 27-4-201. If a harvester124 is removed from authorization to take shellfish by the master h arvester permittee, the125 master harvester shall immediately notify the department of such removal. In addition,126 that harvester shall immediately surrender to the department his or her harvester permit. 127 It shall be unlawful to possess unauthorized harvester permits or harvester permits issued128 to another person."129 SECTION 7.130 Code Section 52-7-26 of the Official Code of Georgia Annotated, relating to penalty relative131 to the registration, operation, and sale of watercraft, is amended by revising subsection (a)132 as follows:133 "(a) Except as otherwise provided in this article, any person who violates this article or any134 rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes135 of establishing criminal violations of the rules and regulations promulgated by the board136 as provided in this article, the term 'rules and regulations' means those rules and regulations137 of the board in force and effect on January 1, 2024 2025."138 SECTION 8.139 All laws and parts of laws in conflict with this Act are repealed.140 H. B. 287 - 6 -