09 LC
25 5457
House
Bill 416
By:
Representatives Cox of the
102nd,
Jerguson of the
22nd,
Williams of the
178th,
Burns of the
157th,
and Knight of the
126th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating
to wildlife generally, so as to make certain findings and declarations; to
define certain terms; to regulate the use of certain drugs on wildlife; to
establish a permit application for administering fertility control drugs to
wildlife; to require a permit for administering fertility control drugs to
wildlife; to provide for rules and regulations; to provide for penalties; 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
8
27-3-180.
The
General Assembly recognizes that the hunting and taking of wildlife pursuant to
this title are a valued cultural heritage consistent with the sound scientific
principles of wildlife management and play an essential and effective role in
the management of wildlife populations. The General Assembly further recognizes
that the State of Georgia and its citizens derive substantial economic,
recreational, and aesthetic benefits from such activities. Therefore, the
General Assembly finds and declares that it is in the public interest to ensure
public health, safety, welfare, and conservation of the state's wildlife
resources by strictly regulating in this state the use of drugs on any
wildlife.
27-3-181.
(a)
As used in this Code section, the term:
(1)
'Drug' means any biological or chemical substance, other than food, that affects
the structure, physiology, or biological function of any wildlife.
(2)
'Fertility control' means any action that results in contraception,
contragestation, or sterilization or produces a temporary or permanent state of
infertility.
(b)
It shall be unlawful to administer any drug to any wildlife for the purpose of
fertility control or any other purpose, except in accordance with a drug
administration permit issued under the provisions of this article and any rules
or regulations adopted by the board. This prohibition shall include, but not be
limited to, drugs used for fertility control, disease prevention or treatment,
immobilization, or growth stimulation.
(c)
Nothing in this article shall prohibit or apply to the medically necessary
treatment of sick or injured wildlife by properly licensed veterinarians or
properly permitted wildlife rehabilitators. This Code section shall not limit
employees of departments or agencies of the State of Georgia or the United
States or local animal control officers in the performance of their official
duties related to public health, safety, and welfare, wildlife management, or
wildlife removal.
27-3-182.
(a)
Application for a wildlife drug administration permit for fertility control or
other purposes shall be made on forms obtained from the department.
(b)
The department may issue such a permit only if it has determined that the
proposed fertility control activities are in the best interest of the wildlife
resources. In making such a determination the department may consider the
following:
(1)
Whether there is a need for the information and data or a need to manage the
target wildlife population to achieve the objectives sought by the
applicant;
(2)
Whether the proposed fertility control activities would duplicate sound
scientific research previously accomplished;
(3)
Whether the activity is of reasonable sound design;
(4)
Whether the fertility control activities pose health or safety risks to humans
and wildlife, including, but not limited to, wildlife species that may consume
the target wildlife;
(5)
Whether the fertility control activities include all necessary approvals,
including, but not limited to, any federal or state agency approvals for
specific or extra label use and any agency or institutional endorsement of the
application; and
(6)
Whether the applicant or the sponsor has documented that they have adequate
funds available to implement the fertility control activities.
(c)
In the event that a determination has been made to revoke, suspend, deny, or
refuse to renew any fertility control permit issued pursuant to this article,
the applicant for the fertility control permit may appeal the determination
according to the provisions stated in Code Section 27-2-25.
27-3-183.
The
board is authorized to promulgate and adopt any rules and regulations,
consistent with sound wildlife management practices and not inconsistent with
law, as it deems necessary and appropriate to carry out the purposes of this
article.
27-3-184.
(a)
The department shall have the authority to prescribe the form, contents, and
conditions for the permits and applications as it deems necessary to carry out
the purposes of this article.
(b)
The department shall have the authority to issue, revoke, or deny any permit
required by this article and pursuant to any rules and regulations adopted
pursuant to this article.
(c)
The department may, prior to a hearing and in accordance with Code Section
27-1-37, issue a cease and desist order or other appropriate order to any person
who is violating this article or any regulation, permit, or license issued
pursuant to this article.
(d)
The department shall have the authority in accordance with Code Sections 27-1-21
and 27-1-37 to take possession of and dispose of any wildlife if it has reason
to believe that drugs have been administered to such wildlife in violation of
this article.
27-3-185.
(a)
Any person who violates any provision of this article shall be guilty of a
misdemeanor of a high and aggravated nature and upon conviction shall be
punished by a fine of not less than $1,500.00 nor more than $5,000.00,
imprisonment for a period not exceeding 12 months, or both such fine and
imprisonment.
(b)
Any licenses or permits issued under this title to any person convicted of
violating any provision of this article shall by operation of law be revoked and
shall not be reissued for a period of three years. The department shall notify
the person in writing of the
revocation."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.