HB 287: Environmental Protection Division; Environmental Advisory Council; update reference date to standards, rules, and regulations

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, 2024 2025."

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, 2024 2025."

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.

(a) The department is authorized to issue a courtesy resident or nonresident fishing license, without fee, to any person who is not a resident of this state who is a paralyzed or disabled veteran and who is participating in an organized fishing tournament event in this state which is sponsored and conducted by a nonprofit charitable association of paralyzed or disabled veterans or the department, provided that such tournament event is approved by the department. Such courtesy nonresident fishing license shall be valid for use only during the specified dates of such tournament event and for a maximum of seven days and shall include all requirements and privileges of a nonresident fishing license, including the nonresident trout license, for use only in association with such tournament 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."

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) Youth under 16 years of age Any person who is 16 years of age or younger; 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: "(BB) Resident shellfish crew, up to ten Annual 200.00

harvesters

(CC) Resident shellfish crew, unlimited Annual 400.00"

harvesters

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, 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 the purposes of such license. 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, 2024 2025."

SECTION 8.

All laws and parts of laws in conflict with this Act are repealed.