05 LC
25 4003S (SCS)
Senate
Bill 201
By:
Senators Goggans of the 7th, Williams of the 19th, Chapman of the 3rd and
Whitehead, Sr. of the 24th
AS
PASSED SENATE
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 provide that lands managed by the Department of Natural Resources
shall be open to access and use for recreational hunting and trapping except as
limited by the department for reasons of public safety or homeland security or
as otherwise limited by law; to define a term; to change certain provisions
relating to revocation, suspension, denial, or nonrenewal of licenses or permits
and administrative and judicial review; to change certain provisions relating to
season and bag limits, promulgation of rules and regulations by the board,
possession of more than bag limit, and reporting number of deer killed; to
change certain provisions relating to hunting deer with dogs; to provide for
donation of deer processed for human consumption to bona fide charitable or
nonprofit organizations for service or distribution to the poor or needy; to
amend Chapter 1 of Title 51, relating to general provisions relative to torts,
to provide for certain immunity related to such donation, service, and
distribution; to provide a short title; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Deer Management Act of
2005."
SECTION
2.
Title
27 of the Official Code of Georgia Annotated, relating to game and fish, is
amended by adding a new Code section to read as follows:
"27-1-3.1.
(a)
As used in this Code section, the term 'department managed lands' means those
lands that the department owns or those lands over which the department holds
management authority.
(b)
Subject to valid existing rights, department managed lands shall be open to
access and use for recreational hunting and trapping except as limited by the
department for reasons of public safety or homeland security or as otherwise
limited by law.
(c)
The department shall exercise its authority, consistent with subsection (b) of
this Code section, in a manner to support, promote, and enhance recreational
hunting and trapping opportunities to the extent authorized by law. The
department shall not be required to give preference to hunting and trapping over
other uses of department managed lands or over land or water management
priorities established by state law.
(d)
To the greatest practical extent, department land management decisions and
actions shall not result in any net loss of land acreage available for hunting
and trapping opportunities on department managed lands that exists on the
effective date of this Code
section."
SECTION
3.
Said
title is further amended by striking subsection (c) of Code Section 27-2-25,
relating to revocation, suspension, denial, or nonrenewal of licenses or permits
and administrative and judicial review, and inserting in lieu thereof the
following:
"(c)
Any person whose license, permit, or application for a license or permit, or
both, is proposed for revocation, suspension, denial, or nonrenewal shall, upon
petition within 30 days of issuance of notice given as stated in subsection (a)
of this Code section, have a right to a hearing before an administrative law
judge
appointed
by
of the Office
of State Administrative Hearings assigned under Code Section 50-13-40 and acting
in place of the Board of Natural
Resources. The hearing before the administrative law judge shall be conducted in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' and the rules and regulations adopted by the board pursuant
thereto;
provided, however, that the hearing shall be held in the county where the
alleged violation occurred and not later than 30 days after the date of the
citation. The decision of the
administrative law judge shall constitute the final decision of the board and
any party to the hearing, including the commissioner, shall have the right of
judicial review thereof in accordance with Chapter 13 of Title
50."
SECTION
4.
Said
title is further amended in Code Section 27-3-15, relating to seasons and bag
limits, promulgation of rules and regulations by the board, possession of more
than bag limit, and reporting number of deer killed, by striking paragraph (4)
of subsection (b) and inserting in lieu thereof the following:
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"(4)
Deer
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Sept.
8 — Jan.
15; and
provided, further, that in those portions of the southern zone for hunting deer
where hunting deer with dogs is allowed, the open season for hunting deer with
dogs shall be designated by the board as ending not sooner than Jan.
15
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The
daily limit shall be
ten
15
antlerless deer and two antlered bucks. The season limit shall be
ten
15
antlerless deer and two antlered bucks. Only one antlered buck may have less
than four points one inch or longer on one side of the antlers.
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|
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Up
to two deer per managed hunt may be allowed on wildlife management areas without
complying with the state-wide bag
limit"
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SECTION
5.
Said
title is further amended by striking Code Section 27-3-17, relating to hunting
deer with dogs, and inserting in lieu thereof the following:
"27-3-17.
(a)
It shall be unlawful to hunt deer with dogs except during such special open
seasons for the hunting of deer with dogs as may be designated by the board on a
state-wide, regional, or local basis.
(b)
In accordance with subsection (a) of this Code section, the board is authorized
to promulgate rules and regulations establishing an open season for the hunting
of deer with dogs as may be appropriate based on sound wildlife management
principles;
provided, however, that the board shall continue to establish annually an open
season for the hunting of deer with dogs in each county in which hunting of deer
with dogs was authorized for the 2004-2005 hunting season unless the hunting of
deer with dogs in such county is prohibited by local Act of the General
Assembly.
(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
to a lessee of
deer hunting rights for any tract of real
property that is less than
1,000
500
contiguous acres
or to the
property owner or owners for any tract of real property that is less than 250
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.
There shall be
no fee for such permit.
(d)
The owner of any dog that is used for hunting deer must cause such dog to be
identified
with the
owneŕs
name, address, and telephone number 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
driveŕs
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)(e)
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
shall
not take action against a permit
issued to a
corporation under this Code section for violations of this title or rules and
regulations issued pursuant to this title committed by any individual hunter or
hunters, but the commissioner may take action against any individual
hunter 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
committed by
such
individual."
SECTION
6.
Said
title is further amended by adding a new Code section to read as
follows:
"27-3-51.
(a)
Deer legally taken and processed for human consumption may be donated to and
possessed, prepared, and distributed by a bona fide charitable or nonprofit
organization which serves or distributes food without cost to the poor or needy.
Packages of processed deer donated pursuant to this Code section shall be marked
'not for sale'; and such marking shall identify the meat as deer.
(b)
The department shall make available instructions for the safe and sanitary
preparation of deer, a list of professional processors where potential donors
may take their deer for preparation and packaging, and a list of bona fide
charitable or nonprofit organizations which accept donations of deer or
processed deer. Professional processors and charitable and nonprofit
organizations may notify the department of their intention to participate in
such distribution of processed deer to the poor or needy, and the department
shall include them in its list unless good cause otherwise
exists."
SECTION
7.
Chapter
1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions relative to torts, is amended adding a new Code Section 51-1-31.1 to
read as follows:
"51-1-31.1.
(a)
A good faith donor of any deer meat processed and apparently fit for human
consumption who donates such meat to a bona fide charitable or nonprofit
organization for service or distribution to the poor or needy in accordance with
Code Section 27-3-51 shall not be subject to criminal penalty or civil damages
arising from the condition of the meat, unless an injury is caused by the
recklessness or intentional misconduct of the donor.
(b)
A bona fide charitable or nonprofit organization which accepts any deer meat
processed and apparently fit for human consumption from a good faith donor for
service or distribution to the poor or needy in accordance with Code Section
27-3-51 shall not be subject to criminal penalty or civil damages arising from
the condition of the meat, unless an injury is caused by the recklessness or
intentional misconduct of the charitable or nonprofit organization.
(c)
The provisions of this Code section shall not be construed to restrict the
authority of any lawful agency otherwise to regulate or ban the use of food for
human
consumption."
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.