06 LC
25 4474S
The
House Committee on Game, Fish and Parks offers the following substitute
to
to HB 1489:
to HB 1489:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating
to wild animals, so as to prohibit the importation of live cervids into this
state; to prohibit the importation or possession of certain whole cervid
carcasses or cervid carcass parts; to define certain terms; to provide penalties
for violations; to provide effective dates; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 27 of the Official Code of Georgia Annotated, relating to wild
animals, is amended by adding a new Code section to read as
follows:
"27-5-2.1.
(a)
As used in this Code section, the term,
(1)
'Cervid' means a member of the family cervidae.
(2)
'Chronic wasting disease' means a fatal disease that belongs to a group of
diseases known as transmissible spongiform encephalopathies and that affects the
brains of cervids.
(3)
'Clean' means having no meat matter or tissue attached to the carcass
part.
(4)
'Importation' means the transportation of a cervid, cervid carcass, or carcass
part into this state.
(5)
'Whole' means the entire carcass, whether eviscerated or not, prior to the
carcass being processed.
(b)(1)
It shall be unlawful for any person, firm, partnership, or association to
import, bring, or cause to be imported or brought into this state any live
cervid.
(2)(A)
Any person who violates paragraph (1) 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 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, except as otherwise authorized by rule or regulation of the board
in effect as of January 1, 2007, or such later date as may be provided by Code
Section 27-1-39.
(B)
The hunting and fishing privileges of any person convicted of violating
paragraph (1) of this subsection shall be suspended for not less than three
years from the date of conviction.
(c)
It shall be unlawful for any person to import or possess a whole cervid carcass
or cervid carcass part from any state having a documented case of a cervid
infected with chronic wasting disease, except for any one or more of the
following cervid carcass parts:
(1)
Boned-out meat and commercially processed cuts of meat;
(2)
Portions of meat with no part of the spinal column or head
attached;
(3)
Hides with no heads attached;
(4)
Clean skull plates with antlers attached;
(5)
Clean antlers;
(6)
Finished taxidermy heads; and
(7)
Clean upper canine teeth (buglers, whistlers,
ivories)."
SECTION
2.
This
Act shall become effective on July 1, 2006, for purposes of promulgating rules
and regulations and on January 1, 2007, for all other purposes.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.