Bill Text: GA SB464 | 2011-2012 | Regular Session | Introduced

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Bill Title: Fish and Fishing; limit the number of commercial crabbing licenses issued

Spectrum: Bipartisan Bill

Status: (Passed) 2012-07-01 - Effective Date [SB464 Detail]

Download: Georgia-2011-SB464-Introduced.html

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12 SB 464/AP

Senate Bill 464

By: Senators Ligon, Jr. of the 3rd and Jackson of the 2nd

AS PASSED

A BILL TO BE ENTITLED
AN ACT

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for new fishing license requirements; to create a one-day salt-water shore fishing license; to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1A.

Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-2-23, relating to licenses, permits, tags, and stamp fees, by adding a new subparagraph in paragraph (4) to read as follows:

"(I) Salt-water shore fishing license

One-day

5.00"

SECTION 1B.

Said title is further amended by revising subsection (e) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, as follows:

"(e)(1) The department shall begin issuing commercial crabbing licenses on April 1, 1995; provided, however, that until July 1, 1998, only a person who was in possession of a valid 1994-1995 license year commercial fishing license, who was listed as an owner or a captain on a valid 1993-1994 or 1994-1995 nontrawler commercial fishing boat license, and who can provide evidence satisfactory to the department that he or she commercially sold crabs ex-vessel during either the 1993-1994 or 1994-1995 license years shall be eligible to be issued a commercial crabbing license; provided, further, that the department may, in its discretion, issue a commercial crabbing license to a person who produces documentation satisfactory to the department that he or she, because of hardship, was unable to obtain a commercial fishing license during the 1994-1995 licensing year. A license issued pursuant to this paragraph shall be nontransferable and shall be issued annually for the fee specified in Code Section 27-2-23.

(2) Except as provided in Code Section 27-4-133, from April 1, 1995, only a person in possession of a valid commercial crabbing license may operate a commercial fishing boat for the purpose of commercial crabbing activities as provided for in subsections (b) and (c) of this Code section. Such license shall be distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8.

(3) On and after July 1, 1998, only those persons who were in possession of a commercial crabbing license and were listed as the owner or captain on a nontrawler commercial fishing boat license in two of the three license years from the 1995-1996 license year through the 1997-1998 license year and can provide evidence satisfactory to the department that he or she sold crabs ex-vessel during the time he or she was so licensed shall be eligible to be issued a commercial crabbing license. Any person desiring a commercial crabbing license for the 1998-1999 license year must make application not later than August 31, 1998.

(4)(2) On and after May 1, 2013, the The total number of new commercial crab crabbing licenses issued for license years after the 1998-1999 license year shall not exceed the number of such licenses issued for the 1998-1999 license year shall not exceed 100. Those commercial crabbing licenses issued prior to May 1, 2013, shall remain active until such time the license is not renewed. Any license which is not renewed by May 1 of any license year subsequent to the 1998-1999 license year shall revert to the department for reissue by lottery devised and operated by the department. No person may hold more than one license at any time.

(5)(3) Commercial crab crabbing licenses may not be sold for consideration and may not be transferred to another person; provided, however, that such licenses may only be transferred: to any person not holding a current commercial crabbing license unless otherwise prohibited by law or regulation.

(4) Commercial crabbing licenses may be transferred

(A) Without payment of the license fee to the licensee's spouse, children, lineal descendants, siblings, or parents lineal ancestors if the licensee dies or is permanently and totally disabled. An instrument of the court declaring the rightful heir or recipient may be required for transfers upon a death. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veterans Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation. The transferee of a license so transferred shall engage in commercial crabbing as evidenced by his or her commercial crab harvest records within two years after such transfer or the license shall revert to the department for reissue as provided in paragraph (4)(2) of this subsection; or.

(B) With payment to the department of the license fee to any person who is the bona fide purchaser of the nontrawler boat or vessel the licensee used for crabbing and designated for such purpose as provided in subsection (e) of Code Section 27-4-151.

(6) Any person receiving a commercial crab crabbing license by transfer as provided in subparagraphs (A) and (B) of paragraph(5) of this subsection shall register such transfer with the department and pay to the department the license fee, if so required, within 30 days following the date of the transfer."

SECTION 2.

Said title is further amended by revising subsection (d) and paragraph (3) of subsection (g)
of Code Section 27-4-151, relating to the use of crab traps, as follows:

"(d)(1) When the float of a commercial crab trap has been identified as provided in this Code section, it shall be unlawful for any person, other than the licensed commercial crab fisherman or a sole individual licensed as required in subsection (b) of Code Section 27-4-150 and carrying on his or her person written permission from the licensed commercial crab fisherman if the department has been previously notified in writing of such permission, to pull such trap or to take crabs from such trap or intentionally to damage, destroy, remove from the water any crab trap or float thereof, or to use such a float for any purpose. It shall also be unlawful for any person to use such a float for any purpose other than to mark a submerged crab trap. For purposes of determining the number of crab traps a person is employing, it shall be conclusively presumed that a crab trap is tethered to each such float.

(2) In addition to the penalty provided by Code Section 27-1-38, any person convicted of violating the provisions of this subsection shall be penalized as follows:

(A) On a first offense, his or her crabbing license shall be suspended for a period of three months, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license;

(B) On a second offense, his or her crabbing license shall be suspended for a period of six months, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license; and

(C) On a third or any subsequent offense, his or her crabbing license shall be permanently revoked and the person shall be prohibited from purchasing a license in the future."

"(3) Any person violating the provisions of paragraph (1) or (2) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished by a fine of not more than $2,000.00 or incarceration for not longer than one year or both. In addition to such criminal penalty, any person found guilty of employing more than the permitted number of crab traps shall pay a civil fine of $100.00 for each excess trap. In addition to such criminal and civil penalties, the license of any person found guilty of employing more than 50 excess crab traps shall be suspended for one year, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license. Upon a second or subsequent such offense, the person's license shall be revoked for one year, and at the end of that time such person must apply for a new license as if he or she had never before been in possession of a license; provided, however, that such individual shall not be eligible to receive a license through transfer pursuant to paragraph (5) (3) or (4) of subsection (e) of Code Section 27-4-150."

SECTION 3.

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