Bill Text: GA SB188 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Deer Farming; provide for regulation of alternative livestock farming; authorize/regulate private harvest-hunt preserves

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2011-03-16 - Senate Third Read Lost [SB188 Detail]

Download: Georgia-2011-SB188-Comm_Sub.html

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11 LC 25 5892S

The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 188:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to authorize and regulate private harvest-hunt preserves; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, is amended by adding a new article to read as follows:

"ARTICLE 4A

27-3-120.

The purpose of this article is to regulate the establishment and operation of harvest-hunt preserves.

27-3-121.

As used in this article, the term:

(1) 'Alternative livestock' means the following species: elk, red deer, sika deer, axis deer, fallow deer, blackbuck antelope, nyala antelope, horned oryx antelope, lechwe antelope, waterbuck antelope, mouflon sheep, Barbary (aoudad) sheep, Jacob four-horn sheep, Dall sheep, red sheep, Corsican sheep, Barbados sheep, American black belly sheep, ibex sheep, and bison.

(2) 'Harvest-hunt preserve' means an animal preserve designed and operated to allow the release and taking of captive alternative livestock as specified in this article.

27-3-122.

(a) The department may issue a license for the establishment and operation of a harvest-hunt preserve. No harvest-hunt preserve license shall be issued until the premises of such preserve have been inspected by a representative of the department and the requirements of this article have been met.

(b) No person shall engage in or carry on the business of operating a harvest-hunt preserve without first applying for and obtaining a harvest-hunt preserve license. The provisions of Article 5 of Chapter 4 of Title 4 shall not apply to a harvest-hunt preserve authorized under this article or the operator thereof.

(c) A harvest-hunt preserve shall consist of not less than 640 total acres nor more than 10,000 total acres, including water area, and shall be owned or leased by the applicant. The preserve shall be completely enclosed with a game fence at least eight feet in height and of such design and construction as specified by rule or regulation. The boundaries of all preserves shall be posted with signs bearing the words 'Licensed Harvest-Hunt Preserve,' which shall be placed at intervals of not more than 500 feet and easily visible from any point of ingress or egress.

(d) In the event the property is under lease to the applicant, such lease shall be for a term of not less than one year from date of application and subject to review and approval by the department as a condition to the granting of a license.

(e) The following shall apply on all harvest-hunt preserves:

(1) Only alternative livestock and other nongame species shall be taken on harvest-hunt preserves;

(2) Alternative livestock shall not be taken on harvest-hunt preserves while boxed or caged and shall be taken only in accordance with the following conditions and methods:

(A) Cervidae (deer family) shall be free roaming and shall have access to not less than such minimum proportion of wooded acreage as established by rule or regulation. The harvesting of Cervidae with dogs is prohibited; provided, however, that a leashed dog shall be allowed for trailing; and

(B) Bovidae (such as antelope) shall be free roaming and shall have access to not less than such minimum proportion of wooded acreage as established by rule or regulation. The harvesting of Bovidae with dogs is prohibited; provided, however, that a leashed dog shall be allowed for trailing; and

(3) Alternative livestock may be taken year round.

(f) Alternative livestock may be kept in small enclosures only for veterinary, breeding, transportation, or other management purposes and shall not be harvested on the same day of release or transport into the minimum acreage required for taking the species.

(g) The harvesting of alternative livestock produced, raised, or held at a zoological attraction or that are tame alternative livestock is prohibited. For the purpose of this subsection, 'tame alternative livestock' means alternative livestock that do not exhibit the flight characteristics normal for the species when found in the wild. When tame alternative livestock are maintained in harvesting areas on a preserve for breeding or other purposes, they shall be readily identifiable with a fluorescent collar or other marking device.

(h) Motorized vehicles shall not be used to drive alternative livestock nor shall alternative livestock be taken from moving motorized vehicles.

(i) Harvest-hunt preserves shall be equipped and operated in such manner as to provide sufficient food and humane treatment for the alternative livestock thereupon. The premises, pens, and facilities of all harvesting preserves shall be maintained in a sanitary condition. All alternative livestock harvested shall be taken by humane method as specified by rules or regulations of the board for the species. Injured or wounded animals shall be immediately euthanized, transported to a veterinarian for treatment, or treated by the owner.

(j) Prior to being transported from a harvest-hunt preserve, all carcasses, parts, and meat of alternative livestock taken on such preserve shall be properly identified with a tag or label with the name of the person harvesting, the name of the preserve, and the date such game is being transported from the preserve.

(k) A hunting license as required by law shall be required of all persons taking game on any harvest-hunt preserve.

(l) There shall be a registration record for each harvest-hunt preserve in which the name, address, and quantity of alternative livestock taken by each person hunting on the preserve shall be recorded. All records and the physical facilities and installations of any harvest-hunt preserve shall be open to inspection upon request by personnel of the department or the Department of Agriculture.

(m) A complete record of all alternative livestock released and harvested on any harvest-hunt preserve shall be maintained and available to the department upon request.

(n) The license of any harvest-hunt preserve operator violating any provision of this title or any rule or regulation adopted by the board pursuant to this title shall be subject to revocation, cancellation, or suspension following notice and hearing. Any alternative livestock shall be disposed of the same as provided for wild animals by Chapter 5 of this title within 45 days of revocation of any harvest-hunt preserve license.

(o) The department shall inspect the applicant's fencing.

(p) No person shall hold, possess, import, or transport alternative livestock without a harvest-hunt preserve license under this article, a deer farming licence under Article 5 of Chapter 4 of Title 4, or a wild animal license under Chapter 5 of this title.

27-3-123.

Health and transportation requirements for any Artiodactyla (even-toed ungulates) shall meet the health requirements established by rule or regulation of the Department of Agriculture. Those animals specifically used for harvest-hunt preserves shall meet the requirements of the Uniform Methods and Rules of the Code of Federal Regulations for Tuberculosis and Brucellosis in Cervidae.

27-3-124.

As a condition for maintaining a harvest-hunt preserve license, it shall be the duty of the owner or operator of a licensed harvest-hunt preserve to notify the department immediately of the escape of alternative livestock. No person shall be held liable for killing or wounding such escaped alternative livestock.

27-3-125.

Harvest-hunt preserve operators shall allow the entry onto the preserve of representatives of the department, the Department of Agriculture, or other departments or agencies having authority or duties involving captive alternative livestock or wild animals to ensure compliance with applicable federal and state laws.

27-3-126.

The board is authorized to promulgate rules and regulations as may be necessary to effectuate the purpose of this article. Such rules and regulations shall be promulgated after consultation with the Department of Agriculture and shall be designed to ensure the health and safety of wildlife and prevent the spread of animal diseases between wildlife, wild animals, domestic animals, captive alternative livestock, and people. It shall be the duty of the Board of Natural Resources, the commissioner of natural resources, the department, the Commissioner of Agriculture, and the Department of Agriculture to communicate and consult on matters of mutual concern so as to ensure the health and safety of captive alternative livestock, wildlife, wild animals, domestic animals, and people and to prevent, control, and eradicate animal diseases within this state.

27-3-127.

In addition to the remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the department is authorized to apply to the superior court having jurisdiction for an injunction. Such court may, upon hearing and for good cause shown, grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this article or for failing or refusing to comply with the requirements of this article or any rule or regulation adopted by the Board pursuant to this article. An injunction issued under this Code section shall not require a bond.

27-3-128.

(a) The department, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative order imposing a penalty not to exceed $50,000.00 for each violation whenever the department, after a hearing, determines that any person has violated any provision of this article or any quarantines, orders, rules, or regulations promulgated pursuant to this article.

(b) The initial hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the department shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All penalties recovered by the department as provided for in this chapter shall be paid into the general fund of the state treasury. The department may file in the superior court of the county wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred a certified copy of a final order of the department unappealed from or of a final order of the department affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in an action duly heard and determined by said court. The penalty prescribed in subsection (a) of this Code section shall be concurrent, alternative, or cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the department with respect to any violation of this article and any quarantines, orders, rules, or regulations promulgated pursuant thereto.

27-3-129.

It shall be unlawful for any person intentionally to release alternative livestock from captivity or to import, transport, sell, transfer, or possess alternative livestock in such a manner as to cause its release or escape from captivity. If a person imports, transports, sells, transfers, or possesses alternative livestock in such a manner as to pose a reasonable possibility that such alternative livestock may be released accidentally or escape from captivity, the department may revoke the license of such person.

27-3-129.1.

Any person violating the provisions of this article shall be guilty of a misdemeanor."

SECTION 2.

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