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.