HBill.html
03 LC 25 3202S


The House Committee on Game, Fish & Parks offers the following substitute to HB 814:



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 the taking of certain wildlife and violations related thereto; to change certain provisions relating to rules and regulations used to establish criminal violations; to change certain provisions relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirements, and lifetime sportsman´s licenses; to change certain provisions relating to trout, big game, and official Georgia waterfowl licenses; to change certain provisions relating to hunting at night; to change certain provisions relating to legal weapons for hunting wildlife generally; to change certain provisions relating to hunting of wildlife or feral hogs from boats, aircraft, or motor vehicles; to repeal certain provisions relating to taking, capturing, and killing diamondback terrapins; to provide effective dates; 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 striking Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, and inserting in lieu thereof the following:
"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 terms 'rules' and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on July 1, 2002 October 1, 2003."

SECTION 2.
Said title is further amended by striking subsection (c) of Code Section 27-2-3.1, relating to licenses for archery and primitive weapons hunting, all weapons hunting licenses, license card carrier requirements, and lifetime sportsman´s licenses, and inserting in lieu thereof the following:
"(c) The requirements in this title for procuring any license or permit for noncommercial hunting and fishing privileges, except for hunting alligators, shall be satisfied by a resident who procures a sportsman license. An applicant for such license shall, prior to the issuance of the license, complete a screening questionnaire associated with the federal Migratory Bird Harvest Information Program."

SECTION 3.
Said title is further amended by striking Code Section 27-2-6, relating to trout, big game, and official Georgia waterfowl licenses, and inserting in lieu thereof the following:
"27-2-6.
(a) It shall be unlawful for any person who has attained the age of 16 years to fish for or possess mountain trout or to fish in any waters designated as trout waters or trout streams pursuant to Code Section 27-4-51 unless such person has in his or her possession a trout license in addition to his or her fishing license.
(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 license along with any harvest records required by law or regulation to hunt big game in this state.
(c) It shall be unlawful for any person who has attained the age of 16 years to hunt ducks, geese, or swans unless such person has in his or her possession an official Georgia waterfowl license in addition to the required hunting license.
(d) It shall be unlawful for any person who has attained the age of 16 years to hunt alligators unless such person has in his or her possession an alligator hunting license in addition to the required hunting license; provided, however, that this subsection shall not apply to lifetime license holders.
(d)(e) No resident of this state shall be required to obtain a trout license, official Georgia waterfowl license, or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family.
(e)(f) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout license when fishing in impounded waters on lands owned or leased by the department."

SECTION 4.
Said title is further amended by striking Code Section 27-3-2, relating to hunting at night, and inserting in lieu thereof the following:
"27-3-2.
It shall be unlawful to hunt at night any game bird or game animal in this state except for alligators, raccoons, opossums, foxes, and bobcats; and these may. Alligators may be hunted with a light which does not exceed 12 volts. Raccoons, opossums, foxes, and bobcats shall not be hunted with lights, except that a light which does not exceed six volts or a fuel-type lantern may be carried by hand by a hunter or worn on the hunter´s belt and used for locating such animals."

SECTION 5.
Said title is further amended by striking paragraphs (1), (4), (5), (7), and (8) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof the following:
"(1) Longbows, recurve bows, crossbows, and compound bows may be used for taking small game, feral hogs, or big game. Arrows for hunting deer, bear, and feral hogs must be broadhead type;"
"(4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 caliber or smaller rimfire firearms, air rifles, muzzleloading firearms, longbows, recurve bows, crossbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species;
(5)(A) For hunting deer, feral hogs, and bear, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine.
(B) For hunting all other game animals, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine;"
"(7) Weapons for hunting alligators shall be limited to hand-held ropes or snares, snatch hooks, harpoons, gigs, or arrows with restraining lines attached. Lawfully restrained alligators may be killed with any caliber handgun or bangstick and shall be killed immediately before transporting;
(8) There are no firearms restrictions for taking nongame animals or nongame birds; and
(8)(9) The use of silencers for hunting within this state is prohibited."

SECTION 6.
Said title is further amended by striking subsection (a) of Code Section 27-3-13, relating to hunting of wildlife or feral hogs from boats, aircraft, or motor vehicles, and inserting in lieu thereof the following:
"(a) It shall be unlawful to hunt any wildlife or feral hog from an electric, gas, or diesel boat, a steamboat, a sailboat, an airplane, a hydroplane, a hovercraft, or a motor vehicle; except that alligators may be hunted from any boat or watercraft under power."

SECTION 7.
Said title is further amended by striking and reserving Code Section 27-4-116, relating to taking, capturing, and killing diamondback terrapins.

SECTION 8.
This Act shall become effective on July 1, 2003, except that Section 1 of this Act shall become effective on October 1, 2003.

SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.