House Bill 287 (AS PASSED HOUSE AND SENATE)
By: Representatives Rhodes of the 124th, Corbett of the 174th, LaHood of the 175th,
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 Annotated, relating to
Environmental Protection Division, Environmental Advisory Council, duties of council and
its members and director, appeal procedures generally, permit applications, and inspections,
so as to update the reference date to standards, rules, and regulations; to amend Title 27 of
the Official Code of Georgia Annotated, relating to game and fish, so as to update the
reference date to rules and regulations; to provide for courtesy hunting and fishing licenses
for paralyzed or disabled individuals; to change an age requirement for the special turkey
hunting season for young and mobility impaired hunters; to provide for fees for resident
shellfish crews; to amend Code Section 52-7-26 of the Official Code of Georgia Annotated,
relating to penalty, so as to update the reference date to rules and regulations; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to Environmental
Protection Division, Environmental Advisory Council, duties of council and its members and
director, appeal procedures generally, permit applications, and inspections, is amended by
revising paragraph (5) of subsection (c) as follows:
"(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal
violations of the standards, rules, and regulations promulgated by the Board of Natural
Resources as provided in this title, the term 'standards, rules, and regulations' shall mean
those standards, rules, and regulations of the Board of Natural Resources in force and
effect on January 1, <del>2024</del> <ins>2025."
</ins> SECTION 2.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by
revising Code Section 27-1-39, relating to rules and regulations used to establish criminal
violations, as follows:
"27-1-39.
Notwithstanding any other law to the contrary, for purposes of establishing criminal
violations of the rules and regulations promulgated by the Board of Natural Resources as
provided in this title, the term 'rules and regulations' means those rules and regulations of
the Board of Natural Resources in force and effect on January 1, <del>2024</del> <ins>2025."
</ins> SECTION 3.
Said title is further amended by revising Code Section 27-2-4.2, relating to courtesy
nonresident fishing licenses to certain paralyzed or disabled veterans, as follows:
"27-2-4.2.
<ins>(a)</ins> The department is authorized to issue a courtesy <ins>resident or</ins> nonresident fishing license,
without fee, to any person who is <del>not a resident of this state who is a</del> paralyzed or disabled
<del>veteran</del> and who is participating in an organized fishing <del>tournament</del> <ins>event</ins> in this state
which is sponsored and conducted by a nonprofit charitable association <del>of paralyzed or
disabled veterans</del> <ins>or the department,</ins> provided that such <del>tournament</del> <ins>event</ins> is approved by
the department. Such courtesy <del>nonresident</del> <ins>fishing</ins> license shall be valid for use only
during the specified dates of such <del>tournament</del> <ins>event</ins> and for a maximum of seven days and
shall include all requirements and privileges of a <del>nonresident</del> fishing license, including the
<del>nonresident</del> trout license, for use only in association with such <del>tournament</del> <ins>approved event.
(b) The department is authorized to issue a courtesy resident or nonresident hunting
license, without fee, to any person who is paralyzed or disabled and who is participating
in an organized hunting event in this state which is sponsored and conducted by a nonprofit
charitable association or the department, provided that such event is approved by the
department; provided, however, that persons disabled because of a mental impairment shall
be issued a courtesy fishing license only, pursuant to subsection (a) of this Code section.
Such courtesy hunting license shall be valid for use only during the specified dates of such
hunting event and for a maximum of seven days and shall include all requirements and
privileges of a hunting license, including the big game and any other requisite state hunting
licenses, for use only in association with such approved event.
(c) All courtesy hunting and fishing licenses are subject to all wildlife laws, rules, and
regulations with the exception of the provisions requiring the payment of fees as described
in Code Section 27-2-23 for such licenses. Such courtesy licenses may be revoked in
accordance with this title. It shall be unlawful for any person who has a courtesy hunting
license or a courtesy fishing license to permit the use of such license by any other person.
It shall also be unlawful for any person who is issued a courtesy hunting license or a
courtesy fishing license to use the license except at the department approved event for
which such courtesy license was issued."
</ins> SECTION 4.
Said title is further amended by revising Code Section 27-2-4.4, relating to special turkey
hunting season for young and mobility impaired hunters, as follows:
"27-2-4.4.
(a) As used in this Code section, the term 'mobility impaired person' means any person
who has been verified by a doctor of medicine currently licensed to practice by the Georgia
Composite Medical Board, the State Board of Examiners in Osteopathy, or an equivalent
body of another state to have any one of the following permanent conditions:
(1) Dependence upon a wheelchair or similar device for ambulation;
(2) Hemiplegia;
(3) Monoplegia;
(4) Paraplegia; or
(5) Single-leg amputation above the knee.
(b) The board shall promulgate rules and regulations authorizing the hunting of turkeys
during an extended open season to:
(1) <ins>Youth under 16 years of age</ins> <del>Any person who is 16 years of age or younger;</del> or
(2) Any mobility impaired person.
(c) Notwithstanding any provisions of Code Section 27-3-15 to the contrary, such
extended season shall be for the weekend prior to the first weekend of the open turkey
season, as established by the board.
(d) Such special authorization shall be subject to all other provisions of this title."
SECTION 5.
Said title is further amended in Code Section 27-2-23, relating to license, permit, tag, and
stamp fees, by adding new subparagraphs to paragraph (8) to read as follows:
<ins>"(BB) Resident shellfish crew, up to ten Annual 200.00
harvesters
(CC) Resident shellfish crew, unlimited Annual 400.00"
harvesters
</ins>
SECTION 6.
Said title is further amended in Code Section 27-4-190, relating to commercial fishing license
with shellfish endorsement and master harvester permit or harvester permit, hours for taking
shellfish, and recreational harvesting, by revising paragraph (1) of subsection (a) as follows:
"(a)(1) It shall be unlawful to take or possess shellfish in commercial quantities or for
commercial purposes without first having obtained a commercial fishing license with a
shellfish endorsement and a master harvester permit or harvester permit or without proof
of purchase that such shellfish were purchased from a certified shellfish dealer. Master
harvester permits shall specify whether the permittee is authorized to take oysters, clams,
or other shellfish and shall only be issued to persons certified by the Department of
Agriculture to handle shellfish unless permission to take and possess shellfish has been
granted by the department as described in subsection (d) of Code Section 27-4-197 and
in Code Section 27-4-202. Such permits shall be provided annually. A permittee may
request authorization from the department for employees or agents, who shall be referred
to as harvesters, of such permittee to take shellfish from permitted areas. Such request
shall be in writing to the department and shall include the name, address, and personal
commercial fishing license number of the harvester. It shall be unlawful for harvesters
to take or possess shellfish as authorized under their employer's master harvester permit
unless they carry on their person while taking or in possession of shellfish a harvester
permit as provided by the department indicating the exact area and circumstances allowed
for taking. Such harvesters' permits and charts shall be provided annually by the
department and shall be in a form as prescribed by the department. Harvesters must
possess a valid personal commercial fishing license as provided for in Code
Section 27-4-110, a shellfish endorsement as provided for in the department's rules and
regulations, and, when a boat is used, a valid commercial fishing boat license as provided
in Code Section 27-2-8, <ins>unless the harvester is operating under a master harvester who
has purchased a valid shellfish crew license as provided for in Code Section 27-2-23 for
</ins>
<ins>the purposes of such license.</ins> Master harvester permits and harvester permits may be
denied pursuant to Code Section 27-2-25 to persons who have violated this part in the
two years immediately preceding the filing of an application for a permit. Permits may
be revoked pursuant to Code Section 27-2-25. Master harvester permits and harvester
permits issued to master harvesters or agents shall be surrendered to the department upon
termination of Department of Agriculture certification for handling shellfish or upon
termination of right to harvest shellfish pursuant to Code Section 27-4-201. If a harvester
is removed from authorization to take shellfish by the master harvester permittee, the
master harvester shall immediately notify the department of such removal. In addition,
that harvester shall immediately surrender to the department his or her harvester permit.
It shall be unlawful to possess unauthorized harvester permits or harvester permits issued
to another person."
SECTION 7.
Code Section 52-7-26 of the Official Code of Georgia Annotated, relating to penalty relative
to the registration, operation, and sale of watercraft, is amended by revising subsection (a)
as follows:
"(a) Except as otherwise provided in this article, any person who violates this article or any
rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes
of establishing criminal violations of the rules and regulations promulgated by the board
as provided in this article, the term 'rules and regulations' means those rules and regulations
of the board in force and effect on January 1, <del>2024</del> <ins>2025."
</ins> SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.