Bill Text: GA HB326 | 2009-2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Licenses; hunting, fishing, and trapping; change certain provisions
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2009-05-05 - Effective Date [HB326 Detail]
Download: Georgia-2009-HB326-Comm_Sub.html
Bill Title: Licenses; hunting, fishing, and trapping; change certain provisions
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2009-05-05 - Effective Date [HB326 Detail]
Download: Georgia-2009-HB326-Comm_Sub.html
09 LC
25 5487S
The
House Committee on Game, Fish and Parks offers the following substitute to HB
326:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 27 of the Official Code of Georgia Annotated, relating to game and
fish, so as to change certain provisions relating to effective periods of
hunting, fishing, and trapping licenses generally; to change certain provisions
relating to archery and primitive weapons hunting license, all weapons hunting
license, sportsman license, license card carrier requirement, and creation of
lifetime sportsman's license; to change certain provisions relating to required
hunter education courses; to change certain provisions relating to trout
license, official Georgia waterfowl license, big game license, and alligator
hunting license; to change certain provisions relating to powers of department
as to making and entering into agreements relating to hunting license
reciprocity; to change certain provisions relating to falconry permits, duties,
permitted acts, and prohibitions pertaining to permit holders; to change certain
provisions relating to field and retriever trials, permits, and hunting
licenses; to change certain provisions relating to game and fish license,
permit, tag, and stamp fees; to change certain provisions relating to laws
applicable to shooting preserves and requirements as to hunting licenses; to
amend an Act to amend Title 27 of the Official Code of Georgia Annotated,
approved March 10, 1992 (Ga. L. 1992, page 470), so as to delete certain
provisions relating to reduction of game and fish license, permit, tag, and
stamp fees; to amend an Act to amend Title 27 of the Official Code of Georgia
Annotated, approved June 3, 2003 (Ga. L. 2003, page 654), so as to repeal and
delete certain provisions relating to game and fish license, permit, tag, and
stamp fees and an effective date; to amend an Act to amend Article 1 of Chapter
2 of Title 27 of the Official Code of Georgia Annotated, approved May 5, 2005
(Ga. L. 2005, page 517), so as to repeal and delete certain provisions relating
to game and fish license, permit, tag, and stamp fees and an effective date; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
27 of the Official Code of Georgia Annotated, relating to game and fish, is
amended by revising Code Section 27-2-3, relating to effective periods of
hunting, fishing, and trapping licenses generally, as follows:
"27-2-3.
(a)
Except as otherwise specifically provided, all hunting, fishing, and trapping
licenses, including without limitation commercial fishing and commercial fishing
boat licenses issued pursuant to Code Section 27-2-8, shall be effective from
April 1 to March 31 of the following year; except that all
annual,
two-year, or other multi-year hunting,
fishing, and hunting and fishing combination licenses issued pursuant to
paragraphs (1) through (4) of Code Section 27-2-23 shall be effective
for 12
months from
through the
applicable one-, two-, or multi-year anniversary
of the date of issuance.
(b)
Multi-year licenses valid for any desired number of years may be purchased
through a single transaction for licenses listed in paragraphs (1) through (4)
of Code Section 27-2-23. The fee for any such multi-year license shall be
equivalent to the lowest cost combination of annual or two-year licenses
necessary to form the desired multi-year license period. No multi-year license
shall be valid at the time of hunting or fishing unless the licensee is a
resident of this state at such
time."
SECTION
2.
Said
title is further amended by revising subsection (a) of Code Section 27-2-3.1,
relating to archery and primitive weapons hunting license, all weapons hunting
license, sportsman license, license card carrier requirement, and creation of
lifetime sportsman's license, as follows:
"(a)
Persons
hunting during any archery season or primitive weapons season must purchase a
primitive weapons license, unless otherwise provided by this
title
Reserved."
SECTION
3.
Said
title is further amended by revising subsection (e) of Code Section 27-2-5,
relating to required hunter education courses, as follows:
"(e)
Any person applying for
a season
nonresident hunting
an annual
nonresident hunting/fishing license may
provide a certificate of completion or such other evidence of completion the
department deems acceptable of the official hunter education or hunter safety
course of such person's state of residence if that course shall have been
approved by the department. Those persons applying for a hunting license other
than a season hunting license shall not be required to exhibit such a
certificate or to complete a hunter education course in order to obtain the
license."
SECTION
4.
Said
title is further amended by revising subsection (b) of Code Section 27-2-6,
relating to trout license, official Georgia waterfowl license, big game license,
and alligator hunting license, as follows:
"(b)
It shall be unlawful for any person who has attained the age of 16 years to hunt
or possess big game unless such person has in his or her possession a big game
license in addition to the required hunting license; provided, however, that all
nonresidents, regardless of age, must possess a nonresident
hunting
hunting/fishing
license along with any harvest records required by law or regulation to hunt big
game in this state."
SECTION
5.
Said
title is further amended by revising subsections (a) and (c) of Code Section
27-2-7, relating to powers of department as to making and entering into
agreements relating to hunting license reciprocity, as follows:
"(a)
The department is authorized to make and enter into agreements, from time to
time, with the proper authorities of the States of Alabama, Florida, South
Carolina, North Carolina, and Tennessee whereby a citizen of the State of
Georgia who owns farm lands in such adjoining states may purchase a resident
hunting license in the state in which his land is situated which will permit
said Georgia citizen to hunt on his own land in the adjoining state without
purchasing a nonresident hunting license in that state. The department is
authorized to reciprocate this courtesy and issue a resident hunting license in
Georgia to citizens of such adjoining states who own farm lands in Georgia,
permitting such citizens to hunt on their own land in Georgia without purchasing
a nonresident
hunting
hunting/fishing
license."
"(c)
The department is authorized to make and enter into agreements, from time to
time, with the proper authorities of the States of Alabama, Florida, North
Carolina, South Carolina, and Tennessee, regarding nonresident
hunting
hunting/fishing
license fees, seasons, and bag limits; provided, however, that such seasons and
bag limits for nonresident hunters shall not be less restrictive than those
which control Georgia residents;
and
provided, further, that nonresident license fees in Georgia shall not be less
than the amount established in Code Section 27-2-23 for a small game hunting
license and for a big game hunting license."
SECTION
6.
Said
title is further amended by revising subsections (a) and (w) of Code Section
27-2-17, relating to falconry permits, duties, permitted acts, and prohibitions
pertaining to permit holders, as follows:
"(a)
It shall be unlawful for any person to trap, take, transport, or possess raptors
for falconry purposes unless the person first procures, in addition to a valid
hunting license, a valid falconry permit as provided in Code Section 27-2-23,
provided that it shall not be unlawful for a nonresident to transport or possess
raptors in this state for falconry purposes if the person has a nonresident
hunting
hunting/fishing
license, as provided in Code Section 27-2-23, and a falconry license or permit
from the state of residence of the person, which state meets federal falconry
standards."
"(w)
It shall be lawful for a nonresident to take or attempt to take raptors from the
wild in this state if the nonresident has a valid general or master level
falconry permit from such person's state of residence and a valid Georgia
nonresident
hunting
hunting/fishing
license and if such person's state of residence provides the same privileges to
residents of Georgia."
SECTION
7.
Said
title is further amended by revising subsection (c) of Code Section 27-2-21,
relating to field and retriever trials, permits, and hunting licenses, as
follows:
"(c)
All persons participating in a field or retriever trial will be required to have
an appropriate resident
or
nonresident hunting license
or nonresident
hunting/fishing license unless the field
or retriever trial is recognized by a nationally registered field trialing
organization or unless the field or retriever trial is conducted by a local
field trialing organization based in the State of Georgia which is recognized by
the department as being qualified to conduct such trial."
SECTION
8.
Said
title is further amended by revising Code Section 27-2-23, relating to game and
fish license, permit, tag, and stamp fees, as follows:
"27-2-23.
Fees
for licenses, permits, tags, and stamps required by this title shall be as
follows:
(1)
Hunting licenses:
|
|
|
(A)
Resident hunting license
|
Annual
|
$
10.00
|
(B)
Nonresident
Resident
hunting license
|
AnnualTwo-year
|
75.00
18.00
|
(C)
Nonresident three-day hunting license
|
Three-day
|
30.00
|
(D)
Resident one-day hunting license
|
One-day
|
5.50
|
(D.1)
Nonresident one-day hunting license
|
One-day
|
12.00
|
(E)(C)
Resident big game license
|
Annual
|
9.00
|
(F)(D)
Nonresident big game license
|
Annual
|
135.00
195.00
|
(F.1)(E)
Nonresident
three-day
big game license
|
Three-day
|
50.00
90.00
|
(F)
Resident big game license
|
Two-year
|
16.00
|
(G)
Nonresident
shooting
Shooting
preserve
hunting
license valid
for residents and nonresidents
|
Season
Two-year
|
12.00
|
(H)
Commercial fox hunting preserve license
|
Season
|
60.00
|
(I)
Commercial fox breeder license
|
Season
|
60.00
|
(J)
Waterfowl license valid for residents
and
nonresidents
|
Annual
|
5.50
|
(K)
Waterfowl license valid for residents and nonresidents
|
Two-year
|
11.00
|
(K)(L)
Georgia migratory bird license
|
Annual
|
Free
|
(L)
Resident primitive weapons license
|
Annual
|
8.00
|
(M)
Nonresident primitive weapons license
|
Annual
|
25.00
|
(2)
Hunting and fishing licenses:
|
|
|
(2)
(A)
Resident hunting/fishing license
|
Annual
|
17.00
|
(B) Resident
hunting/fishing license
|
Two-year
|
31.00
|
(C)
Nonresident hunting/fishing license
|
Three-day
|
20.00
|
(D)
Resident hunting/fishing license
|
Three-day
|
3.50
|
(E)
Nonresident hunting/fishing license
|
Annual
|
100.00
|
(3)
Sportsman's licenses:
|
|
|
(3)
(A)
Resident sportsman's license
|
Annual
|
60.00
55.00
|
(B)
Resident sportsman's license
|
Two-year
|
105.00
|
(4)
Recreational fishing licenses:
|
|
|
(A)
Resident fishing license
|
Annual
|
9.00
|
(B)
Resident fishing license
|
Two-year
|
16.00
|
(B)(C)
Nonresident fishing license
|
Annual
|
24.00
45.00
|
(C)
Nonresident fishing license
|
Seven-day
|
7.00
|
(D)
Fishing license, valid for residents
and
nonresidents
|
One-day
|
3.50
|
(E)(D)
Resident trout license
|
Annual
|
5.00
|
(E)
Resident trout license
|
Two-year
|
10.00
|
(F)
Resident trout license
|
Three-day
|
3.50
|
(F)(G)
Nonresident trout license
|
Annual
|
13.00
20.00
|
(H)
Nonresident trout license
|
Three-day
|
10.00
|
(5)
Trapping licenses:
|
|
|
(A)
Resident commercial trapping license
|
Annual
|
30.00
|
(B)
Nonresident commercial trapping license
|
Annual
|
295.00
|
(6)
Commercial fishing licenses:
|
|
|
(A)
Resident commercial fishing license
|
Season
|
12.00
|
(B)
Nonresident commercial fishing license
|
Season
|
118.00
|
(C)
Resident commercial crabbing license
|
Season
|
12.00
|
(D)
Nonresident commercial crabbing license
|
Season
|
118.00
|
(7)
Fur, hide, and pelt licenses:
|
|
|
(A)
Resident fur dealer license
|
Annual
|
295.00
|
(B)
Nonresident fur dealer license
|
Annual
|
415.00
|
(C)
Fur dealer's agent license
|
Annual
|
180.00
|
(8)
Miscellaneous licenses and permits:
|
|
|
(A)
Retail fish dealer license
|
Annual
|
10.00
|
(B)
Wholesale fish dealer license
|
Annual
|
59.00
|
(C)
Resident game-holding permit
|
Annual
|
5.00
|
(D)
Commercial quail breeder permit
|
Annual
|
30.00
|
(E)
Scientific collecting permit
|
Annual
|
50.00
|
(F)
Wildlife exhibition permit
|
Annual
|
59.00
|
(G)
Commercial shooting preserve license
|
Annual
|
150.00
|
(H)
Private shooting preserve license
|
Annual
|
75.00
50.00
|
(I)
Blanket commercial shooting preserve
license
|
Annual
|
500.00
|
(J)
Commercial fish hatchery license
|
Annual
|
59.00
|
(K)
Catch-out pond license
|
Annual
|
236.00
|
(L)
Soft-shell crab dealer license
|
Annual
|
10.00
|
(M)
Resident taxidermist license
|
Three-year
|
150.00
|
(N)
Nonresident taxidermist license
|
Three-year
|
500.00
|
(O)
Falconry permit
|
Three-year
|
30.00
|
(P)
Commercial alligator farming license
|
Annual
|
50.00
|
(Q)
Alligator
Resident
alligator hunting license
|
Annual
|
50.00
|
(R)
Nonresident alligator hunting license
|
Annual
|
200.00
|
(R)(S)
Wild animal license
|
Annual
|
236.00
|
(S)(T)
Wild animal auction license
|
Seven-day
|
5,000.00
|
(T)(U)
Resident bait dealer license
|
Season
|
25.00
|
(U)(V)
Nonresident bait dealer license
|
Season
|
150.00
|
(9)
The board is authorized to provide by rule for a fee not to exceed $19.00 for
resident daily, seasonal, or annual use permits,
or
licenses,
or stamps; a
fee of $38.00 for resident two-year use permits; or a fee not to exceed $73.00
for nonresident annual use permits or
licenses to hunt and fish on or otherwise
use specially designated streams, lakes,
public fishing
areas, or wildlife management areas
or a fee
not to exceed $73.00 for nonresident permits, licenses, or stamps issued under
this paragraph.
(10)
The fees established in subparagraphs (1)(A) through (1)(F), (2)(A), (2)(B),
(2)(E), (3)(A), (3)(B), (4)(A), (4)(B), (4)(C), (4)(D), (4)(E), and (4)(G) of
this Code section shall be reduced by $2.75 for each renewal transaction made
before the expiration date of the then current license or tag. For purposes of
this paragraph, the term 'renewal transaction' means the renewal of one or more
licenses by a licensee during a single telephone call, Internet session, or
on-site visit to a
store."
SECTION
9.
Said
title is further amended by revising Code Section 27-3-114, relating to laws and
regulations applicable to shooting preserves and requirements as to hunting
licenses, as follows:
"27-3-114.
Except
as otherwise specifically provided, all wildlife laws and regulations shall be
in full force and effect on shooting preserves licensed pursuant to this
article. Specifically, hunting licenses shall be required of all persons hunting
on such preserves; provided, however, that it shall be lawful for any
resident
or nonresident to hunt pen raised game
birds on such a preserve with a
nonresident
shooting preserve hunting license as provided in Code Section 27-2-23;
and
provided, further, that it shall be lawful for any person to hunt pen raised
game birds without a hunting license on a shooting preserve which possesses a
valid blanket shooting preserve license as provided in Code Section
27-2-23."
SECTION
10.
An
Act to amend Title 27 of the Official Code of Georgia Annotated, approved March
10, 1992 (Ga. L. 1992, p. 470), is amended by deleting the proviso at the end of
Section 5 which reads as follows:
";
provided, however, that the fees which are increased in Sections 1 and 3 of this
Act shall on March 31, 2012, be reduced to the level of such fees prior to the
effective date of this Act"
SECTION
11.
An
Act to amend Title 27 of the Official Code of Georgia Annotated, approved June
3, 2003 (Ga. L. 2003, p. 654), is amended by repealing Section 7B and deleting
paragraph (3) of subsection (b) of Section 14 which reads as
follows:
"(3)
Section 7B of this Act shall become effective on March 12, 2012."
SECTION
12.
An
Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia
Annotated, approved May 5, 2005 (Ga. L. 2005, p. 517), is amended by repealing
Section 2 and deleting the exception at the end of Section 3 which reads as
follows:
";
except that Section 2 of this Act shall become effective on March 31,
2012."
SECTION
13.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
14 .
All
laws and parts of laws in conflict with this Act are repealed.