|
03 HB 815/FSFA
House Bill 815 (FLOOR SUBSTITUTE)
(AM)
By: Representative Lane of the 101st
By: Representative Lane of the 101st
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 regulate the taking of certain wildlife; to
change certain provisions relating to definitions; to change certain provisions
relating to rules and regulations used to establish criminal violations; to
change certain provisions relating to effective dates of hunting, fishing, and
trapping licenses generally; to change certain provisions relating to licenses
for archery and primitive weapons hunting, all weapons hunting licenses, license
card carrier requirement, 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
license, permit, tag, and stamp fees; 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 change
certain provisions relating to hunting of alligators and possession of alligator
products; to change certain provisions relating to hunting deer with dogs; to
change certain provisions relating to hunting of alligators and possession of
alligator products; 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 paragraph (3) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following:
"(3) 'Alligator product' means any product or article made, either wholly or in part, from any part of the hide of an alligator or alligator meat or any other part of an alligator carcassor alligator
eggs."
striking paragraph (3) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following:
"(3) 'Alligator product' means any product or article made, either wholly or in part, from any part of the hide of an alligator or alligator meat or any other part of an alligator carcass
SECTION 2.
Said title is further 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 onJuly 1, 2002 October 1,
2003."
"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
SECTION 3.
Said title is further amended by striking Code Section
27-2-3, relating to effective dates of hunting, fishing, and trapping licenses
generally, and inserting in lieu thereof the
following:
"27-2-3.
Except as otherwise specifically provided, allseason 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 hunting, fishing, and hunting and fishing combination
licenses pursuant to paragraphs (1) through (4) of Code Section 27-2-23 shall be
effective for 12 months from the date of issuance. No person shall be
required to provide their social security number to the Department of Natural
Resources, and the refusal to provide the social security number may not be used
as a reason to deny the issuance of any license by the Department of Natural
Resources."
"27-2-3.
Except as otherwise specifically provided, all
SECTION 4.
Said title is further amended by striking subsection (b) of
Code Section 27-2-3.1, relating to licenses for archery and primitive weapons
hunting, all weapons hunting licenses, license card carrier requirement, and
lifetime
sportsmen´s
licenses, and inserting in lieu thereof the
following:
"(b)The requirements in this title for procuring licenses for archery,
primitive weapons, big game, and small game hunting shall be satisfied by a
resident who purchases an all weapons hunting license. Such license does not
satisfy the obligation to obtain a wildlife management area license, an official
Georgia waterfowl license, or a migratory bird license
Reserved."
"(b)
SECTION 5.
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 requirement, and
lifetime
sportsmen´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."
"(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 6.
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."
"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.
SECTION 6A.
Said title is further amended by striking subsection (a) of
Code Section 27-3-19, relating to hunting of alligators and possession of
alligator products, and inserting in lieu thereof the
following:
"(a) Except as provided in Code Section 27-3-15, it shall be unlawful for any person to hunt alligators within this state.The For purposes of
this subsection, the term 'hunt alligators' does not include the killing of any
alligator which is attacking or has attacked any human, livestock, or pet animal
if such killing is reported to the department not later than 72 hours
afterwards; provided, however, that display or use of a light in any area
closed to alligator hunting by any person not otherwise authorized to do so by
regulations of the board in a place which alligators might be known to inhabit
and in a manner capable of disclosing the presence of alligators, together with
the possession of firearms, spear guns, gigs, harpoons, or other such equipment
customarily used for the taking of alligators, during the period between
one-half hour after sunset and one-half hour before sunrise shall be considered
prima-facie evidence of an intent to violate this
subsection."
"(a) Except as provided in Code Section 27-3-15, it shall be unlawful for any person to hunt alligators within this state.
SECTION 7A.
Said title is further amended by striking Code Section
27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu
thereof the
following:
"27-2-23.
Fees for licenses, permits, tags, and stamps required by this title shall be 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
|
|
$ 10.00
|
|
(B) Nonresident hunting license
|
|
59.00
|
|
(C) Nonresident hunting license
|
Seven-day
|
25.00
|
|
(D) Hunting license, valid for residents
and nonresidents
|
One-day
|
5.50
|
|
|
|
|
|
|
|
|
|
|
|
9.00
|
|
|
|
118.00
|
|
hunting license
|
Season
|
12.00
|
|
|
Season
|
60.00
|
|
|
Season
|
60.00
|
|
and nonresidents
|
|
5.50
|
|
|
|
Free
|
|
|
|
|
|
|
|
8.00
|
|
|
|
25.00
|
|
(2) Resident hunting/fishing license
|
|
17.00
|
|
(3) Resident
sportsman´s
license
|
|
60.00
|
|
(4) Recreational fishing licenses:
|
|
|
|
(A) Resident fishing license
|
|
9.00
|
|
(B) Nonresident fishing license
|
|
24.00
|
|
(C) Nonresident fishing license
|
Seven-day
|
7.00
|
|
(D) Fishing license, valid for residents
and nonresidents
|
One-day
|
3.50
|
|
(E) Resident trout license
|
|
5.00
|
|
(F) Nonresident trout license
|
|
13.00
|
|
(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
|
|
(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 hunting license
|
|
50.00
|
|
(R) Wild animal license
|
Annual
|
236.00
|
|
(S) Wild animal auction license
|
Seven-day
|
5,000.00
|
|
(T) Resident bait dealer license
|
Season
|
25.00
|
|
(U) 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,
licenses, or stamps to hunt and fish on or otherwise use specially designated
streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for
nonresident permits, licenses, or stamps issued under this
paragraph."
SECTION 7B.
Said title is further amended by striking Code Section
27-2-23, relating to license, permit, tag, and stamp fees, and inserting in lieu
thereof the
following:
"27-2-23.
Fees for licenses, permits, tags, and stamps required by this title shall be 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
|
|
$ 8.50
|
|
(B) Nonresident hunting license
|
|
50.00
|
|
(C) Nonresident hunting license
|
Seven-day
|
21.00
|
|
(D) Hunting license, valid for residents
and nonresidents
|
One-day
|
5.50
|
|
|
|
|
|
|
|
|
|
|
|
7.50
|
|
|
|
100.00
|
|
hunting license
|
Season
|
10.00
|
|
|
Season
|
50.00
|
|
|
Season
|
50.00
|
|
and nonresidents
|
|
5.50
|
|
|
|
Free
|
|
|
|
|
|
|
|
8.00
|
|
|
|
25.00
|
|
(2) Resident hunting/fishing license
|
|
15.50
|
|
(3) Resident
sportsman´s
license
|
|
60.00
|
|
(4) Recreational fishing licenses:
|
|
|
|
(A) Resident fishing license
|
|
7.50
|
|
(B) Nonresident fishing license
|
|
20.00
|
|
(C) Nonresident fishing license
|
Seven-day
|
7.00
|
|
(D) Fishing license, valid for residents
and nonresidents
|
One-day
|
3.50
|
|
(E) Resident trout license
|
|
3.50
|
|
(F) Nonresident trout license
|
|
10.50
|
|
(5) Trapping licenses:
|
|
|
|
(A) Resident commercial trapping license
|
Annual
|
25.00
|
|
(B) Nonresident commercial trapping
license
|
Annual
|
250.00
|
|
(6) Commercial fishing licenses:
|
|
|
|
(A) Resident commercial fishing license
|
Season
|
10.00
|
|
(B) Nonresident commercial fishing license
|
Season
|
100.25
|
|
(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
|
250.00
|
|
(B) Nonresident fur dealer license
|
Annual
|
350.00
|
|
(C) Fur
dealer´s
agent license
|
Annual
|
150.00
|
|
(8) Miscellaneous licenses and permits:
|
|
|
|
(A) Retail fish dealer license
|
Annual
|
5.00
|
|
(B) Wholesale fish dealer license
|
Annual
|
50.00
|
|
(C) Resident game-holding permit
|
Annual
|
2.50
|
|
(D) Commercial quail breeder permit
|
Annual
|
25.00
|
|
(E) Scientific collecting permit
|
Annual
|
5.00
|
|
(F) Wildlife exhibition permit
|
Annual
|
50.00
|
|
(G) Commercial shooting preserve license
|
Annual
|
25.00
|
|
(H) Private shooting preserve license
|
Annual
|
10.00
|
|
(I) Blanket commercial shooting preserve
license
|
Annual
|
500.00
|
|
(J) Commercial fish hatchery license
|
Annual
|
50.00
|
|
(K) Catch-out pond license
|
Annual
|
200.00
|
|
(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
|
25.00
|
|
(Q) Alligator hunting license
|
|
50.00
|
|
(R) Wild animal license
|
Annual
|
200.00
|
|
(S) Wild animal auction license
|
Seven-day
|
5,000.00
|
|
(T) Resident bait dealer license
|
Season
|
25.00
|
|
(U) Nonresident bait dealer license
|
Season
|
150.00
|
(9) The board is authorized to provide by rule for a fee
not to exceed $15.60 for resident daily, seasonal, or annual use permits,
licenses, or stamps to hunt and fish on or otherwise use specially designated
streams, lakes, or wildlife management areas or a fee not to exceed $61.25 for
nonresident permits, licenses, or stamps issued under this
paragraph."
SECTION 8.
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."
"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
SECTION 9.
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."
"(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
SECTION 10.
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."
"(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 11.
Said title is further amended in Code Section 27-3-17,
relating to hunting deer with dogs, by adding new subsections to read as
follows:
"(c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued for any tract of real property that is less than 1,000 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit.
(d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted.
(e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the driver´s side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high.
(f) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued."
"(c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued for any tract of real property that is less than 1,000 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit.
(d) The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted.
(e) Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the lower corner of the driver´s side of the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high.
(f) The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued."
SECTION 12.
Said title is further amended in Code Section 27-3-19,
relating to hunting of alligators and possession of alligator products, by
striking subsections (c) through (e) and inserting in lieu thereof the
following:
"(c)(1) It shall be unlawful for any person to possess, buy, or sell in this state the untanned hide or skin or alligator products from an alligator not lawfully taken under the authority of Code Section 27-3-15. All such hides, skins, and alligators not lawfully taken are declared to be contraband and shall be seized and disposed of as directed by the commissioner. Possession in a store, warehouse, or retail place of business of such untanned hides or skins or alligator products not lawfully taken shall be prima-facie evidence of violation of this subsection. This subsection shall not apply to alligator products made from hides or skins of alligators produced on farms licensed under this title or from hides or skins of alligators lawfully possessed, taken, or acquired outside or inside this state, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing, or manufacturing of such commercially grown or lawfully possessed, taken, or acquired alligator hides or the storage or sale of products made therefrom, subject to rules and regulations promulgated by the board.
(2) It shall be unlawful for any person to gather alligator eggs from the wild or possess alligator eggs gathered from the wild in this state except pursuant to permit issued by the department for such purpose. The board shall establish the conditions of such permits by such rules or regulations as are reasonable and necessary under sound game management practices, which shall include without limitation specification of when and where such eggs may be gathered, limits on the number of eggs that may be gathered, the placement of gathered eggs in incubators, return of a minimum percentage and size of hatchlings from gathered eggs to the wild, and permit fees in such amounts as are necessary to cover the cost of administration. This paragraph shall not apply to the collection of alligator eggs from an alligator farm licensed under this title.
(d)(1) It shall be unlawful to possess or transport into this state any untanned alligator hide, skin, or alligator product from any place in which the taking of alligators is prohibited.
(2) It shall be unlawful to possess or transport into this state any alligator eggs gathered from the wild from any place where such gathering of alligator eggs from the wild is prohibited.
(3) All such hides, skins,and alligator products, and alligator eggs are declared
to be contraband and shall be seized and disposed of in accordance with Code
Section 27-1-21. (4) Notwithstanding any other provision to the
contrary, it shall be lawful to possess and transport into this state any
untanned alligator hide, skin, or alligator product, or
alligator egg which was lawfully taken and transported and which is
accompanied by a bill of sale, bill of lading, or invoice,
or permit.
(e) Any person who possesses any untanned alligator hide, skin,or alligator product, or
alligator egg from any place in which the taking of alligators is lawful,
the gathering of alligator eggs from the wild is lawful, or from an
alligator farm licensed under this title shall retain such receipts, invoices,
bills of lading, permits, or other indicia of lawful possession, taking,
or acquisition as are necessary to indicate clearly at all times the place of
origin of the specific untanned alligator hides, skins, or
alligator products, or alligator eggs
possessed."
"(c)(1) It shall be unlawful for any person to possess, buy, or sell in this state the untanned hide or skin or alligator products from an alligator not lawfully taken under the authority of Code Section 27-3-15. All such hides, skins, and alligators not lawfully taken are declared to be contraband and shall be seized and disposed of as directed by the commissioner. Possession in a store, warehouse, or retail place of business of such untanned hides or skins or alligator products not lawfully taken shall be prima-facie evidence of violation of this subsection. This subsection shall not apply to alligator products made from hides or skins of alligators produced on farms licensed under this title or from hides or skins of alligators lawfully possessed, taken, or acquired outside or inside this state, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing, or manufacturing of such commercially grown or lawfully possessed, taken, or acquired alligator hides or the storage or sale of products made therefrom, subject to rules and regulations promulgated by the board.
(2) It shall be unlawful for any person to gather alligator eggs from the wild or possess alligator eggs gathered from the wild in this state except pursuant to permit issued by the department for such purpose. The board shall establish the conditions of such permits by such rules or regulations as are reasonable and necessary under sound game management practices, which shall include without limitation specification of when and where such eggs may be gathered, limits on the number of eggs that may be gathered, the placement of gathered eggs in incubators, return of a minimum percentage and size of hatchlings from gathered eggs to the wild, and permit fees in such amounts as are necessary to cover the cost of administration. This paragraph shall not apply to the collection of alligator eggs from an alligator farm licensed under this title.
(d)(1) It shall be unlawful to possess or transport into this state any untanned alligator hide, skin, or alligator product from any place in which the taking of alligators is prohibited.
(2) It shall be unlawful to possess or transport into this state any alligator eggs gathered from the wild from any place where such gathering of alligator eggs from the wild is prohibited.
(3) All such hides, skins,
(e) Any person who possesses any untanned alligator hide, skin,
SECTION 13.
Said title is further amended by striking and reserving Code
Section 27-4-116, relating to taking, capturing, and killing diamondback
terrapins.
SECTION 14.
(a) This Act shall become effective on July 1, 2003, except
as otherwise provided in subsection (b) of this
section.
(b)(1) Section 2 of this Act shall become effective on October 1, 2003.
(2) Sections 3, 4, and 7A of this Act shall become effective on February 29, 2004.
(3) Section 7B of this Act shall become effective on March 31, 2012.
(b)(1) Section 2 of this Act shall become effective on October 1, 2003.
(2) Sections 3, 4, and 7A of this Act shall become effective on February 29, 2004.
(3) Section 7B of this Act shall become effective on March 31, 2012.
SECTION 15.
All laws and parts of laws in conflict with this Act are
repealed.