08 LC 25
5208
House
Bill 1337
By:
Representatives Sims of the
169th,
Bruce of the
64th,
and Maddox of the
172nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so
as to authorize and regulate private harvest-hunt preserves; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
4 of the Official Code of Georgia Annotated, relating to animals, is amended by
adding a new chapter to read as follows:
"CHAPTER
16
4-16-1.
The
purpose of this chapter is to regulate the establishment and operation of
harvest-hunt preserves.
4-16-2.
As
used in this chapter, the term:
(1)
'Alternative livestock' means the following species: elk, axis deer, fallow
deer, sika deer, red deer, nilgai antelope, addax antelope, black buck antelope,
and aoudad.
(2)
'Game mammals' means members of the families Cervidae (such as deer and elk; but
not including mule deer or whitetail deer or any other Cervids native to this
state).
(3)
'Harvest-hunt preserve' means an animal preserve designed and operated to allow
the release and taking of captive raised native and nonnative game animals as
specified in this chapter.
4-16-3.
(a)
The Commissioner may issue a license for the establishment and operation of a
harvest-hunt preserve. No harvest-hunt preserve license shall be issued until
the premises of such preserve have been inspected by a representative of the
Commissioner and the requirements of this chapter have been met.
(b)
No person shall engage in or carry on the business of operating a harvest-hunt
preserve without first applying for and obtaining a harvest-hunt preserve
license. The provisions of Article 5 of Chapter 4 of this title shall not apply
to a harvest-hunt preserve authorized under this chapter or the operator
thereof.
(c)
A harvest-hunt preserve shall consist of not more than 10,000 acres, including
water area, and shall be owned or leased by the applicant. For the harvesting
of alternative livestock, the land shall be located wholly within a legally
fenced tract. The boundaries of all preserves shall be posted with signs
bearing the words 'Licensed Harvest-Hunt Preserve,' which shall be placed at
intervals of not more than 500 feet and easily visible from any point of ingress
or egress.
(d)
In the event the property is under lease to the applicant, such lease shall be
for a term of not less than one year from date of application and subject to
review and approval by the Commissioner as a condition to the granting of a
license.
(e)
The following shall apply on all harvest-hunt preserves:
(1)
The taking of carnivorous animals is prohibited on such preserves. Only
alternative livestock and native game species shall be taken on harvest-hunt
preserves;
(2)
Alternative livestock shall not be taken on harvest-hunt preserves while boxed
or caged and shall be taken only in accordance with the following conditions and
methods:
(A)
Cervidae (deer family) shall be free roaming on not less than 300 acres, with a
minimum of 200 acres covered with woody vegetation. The harvesting of Cervidae
with dogs is prohibited; provided, however, that a leashed dog shall be allowed
for trailing. The preserve shall be completely enclosed with an eight-foot game
fence;
(B)
Bovidae (such as antelope) shall be free roaming on not less than 300 acres,
with a minimum of 200 acres covered with grassy vegetation. The harvesting of
Bovidae with dogs is prohibited; provided, however, that a leashed dog shall be
allowed for trailing. The preserve shall be completely enclosed with an
eight-foot game fence; and
(C)
Suidae (hog) shall be free roaming on not less than 100 acres, with a minimum of
75 acres covered with woody vegetation; and
(3)
The open season for taking native game species shall coincide with the
established open seasons, while alternative livestock may be taken year
round.
(f)
Alternative livestock may be kept in small enclosures only for veterinary,
breeding, transportation, or other management purposes and shall not be
harvested on the same day of release or transport into the minimum acreage
required for taking the species.
(g)
The harvesting of alternative livestock produced, raised, or held at a
zoological attraction or that are tame alternative livestock is prohibited. For
the purpose of this subsection, 'tame alternative livestock' means alternative
livestock that does not exhibit the flight characteristics normal for the
species when found in the wild. When tame alternative livestock are maintained
in harvesting areas on a preserve for breeding or other purposes, they shall be
readily identifiable with a fluorescent collar or other marking
device.
(h)
Motorized vehicles shall not be used to drive alternative livestock nor shall
alternative livestock be taken from moving motorized vehicles.
(i)
Harvest-hunt preserves shall be equipped and operated in such manner as to
provide sufficient food and humane treatment for the alternative livestock
thereupon. The premises, pens, and facilities of all harvesting preserves shall
be maintained in a sanitary condition. All alternative livestock harvested
shall be taken by humane method as specified by rules or regulations of the
Commissioner for the species. Injured or wounded animals shall be immediately
euthanized, transported to a veterinarian for treatment, or treated by the
owner.
(j)
Prior to being transported from a harvest-hunt preserve, all carcasses, parts,
and meat of alternative livestock taken on such preserve shall be properly
identified with a tag or label with the name of the person harvesting, the name
of the preserve, and the date such game is being transported from the
preserve.
(k)
A hunting license as required by law shall be required of all persons taking
game on any harvest-hunt preserve.
(l)
There shall be a registration book on each harvest-hunt preserve in which the
name, address, and quantity of alternative livestock taken by each person
hunting on the preserve shall be recorded. All records and the physical
facilities and installations of any harvest-hunt preserve shall be open to
inspection upon request by personnel of the department or the Department of
Agriculture.
(m)
A complete record of all alternative livestock released and harvested on any
harvest-hunt preserve shall be maintained and available to the Commissioner upon
request.
(n)
The license of any harvest-hunt preserve operator violating this chapter or any
rule or regulation adopted by the Commissioner pursuant to this chapter shall be
subject to revocation, cancellation, or suspension following notice and hearing.
A harvest-hunt preserve license of any licensee whose facility does not meet the
definition of an agricultural operation shall be revoked, and such license may
be revoked if the licensee violates any provision of Title 27, relating to wild
animals. Any alternative livestock must be disposed of within 45 days of
revocation of any harvest-hunt preserve license.
(o)
It shall be the duty of the Department of Agriculture to inspect an
applicant´s facilities and to transmit a copy of any application for a
harvest-hunt preserve license to the Department of Natural Resources. The
Department of Natural Resources shall inspect the applicant´s fencing and
shall report to the Department of Agriculture within 30 days of receipt of the
application. It also shall be the duty of the Department of Agriculture to
transmit a copy of any license issued pursuant to this chapter to the Department
of Natural Resources. It also shall be the duty of the Department of
Agriculture to notify the Department of Natural Resources of the revocation,
nonrenewal, cancellation, or lapse of any license issued pursuant to this
chapter. All such notifications shall be made in writing and shall be made as
promptly as possible, but in no event shall such notification be given more than
72 hours after the event giving rise to the requirement of notice.
(p)
For purposes other than harvest-hunt preserve operations or alternative
livestock farming, alternative livestock species must be held under a wild
animal license pursuant to Chapter 5 of Title 27. Anyone holding, possessing,
importing, or transporting alternative livestock without a harvest-hunt preserve
license, alternative livestock farming license, or a wild animal license shall
be in violation of Title 27.
4-16-4.
Health
and transportation requirements for any Artiodactyla (even-toed ungulates) shall
meet the health requirements established by rule or regulation of the Georgia
Department of Agriculture. Those animals specifically used for harvest-hunt
preserves shall meet the requirements of the Uniform Methods and Rules of the
Code of Federal Regulations for Tuberculosis and Brucellosis in
Cervidae.
4-16-5.
Any
alternative livestock which escapes from a licensed harvest-hunt preserve shall
be subject to the jurisdiction of the Department of Natural Resources and may be
treated as an escaped wild animal subject to the provisions of Chapter 5 of
Title 27, except that, while such animal is roaming freely outside the enclosure
of any licensed harvest-hunt preserve, the owner of such alternative livestock
shall have 48 hours from the time the escape is detected to recapture such
animal and return it to the licensed preserve. As a condition for maintaining a
harvest-hunt preserve license, it shall be the duty of the owner or operator of
a licensed harvest-hunt preserve to notify the Department of Natural Resources
immediately upon discovery of the escape of alternative livestock. When such
notice has been given, no legal hunter shall be held liable for killing or
wounding such escaped alternative livestock.
4-16-6.
Harvest-hunt
preserve operators shall allow the entry onto the preserve of representatives of
the Department of Agriculture, the Department of Natural Resources, or other
departments or agencies having authority or duties involving captive alternative
livestock or wild animals to ensure compliance with applicable federal and state
laws.
4-16-7.
The
Commissioner of Agriculture is authorized to promulgate rules and regulations as
may be necessary to effectuate the purpose of this chapter. Such rules and
regulations shall be promulgated after consultation with the Department of
Natural Resources and shall be designed to ensure the health and safety of
wildlife and prevent the spread of animal diseases between wildlife, wild
animals, domestic animals, captive alternative livestock, and people. It shall
be the duty of the Commissioner, the Department of Agriculture, the Board of
Natural Resources, the commissioner of natural resources, and the Department of
Natural Resources to communicate and consult on matters of mutual concern so as
to ensure the health and safety of captive alternative livestock, wildlife, wild
animals, domestic animals, and people and to prevent, control, and eradicate
animal diseases with this state.
4-16-8.
In
addition to the remedies provided in this chapter and notwithstanding the
existence of any adequate remedy at law, the Commissioner is authorized to apply
to the superior court having jurisdiction for an injunction. Such court may,
upon hearing and for good cause shown, grant a temporary or permanent
injunction, or both, restraining any person from violating or continuing to
violate any of the provisions of this chapter or for failing or refusing to
comply with the requirements of this chapter or any rule or regulation adopted
by the Commissioner pursuant to this chapter. An injunction issued under this
Code section shall not require a bond.
4-16-9.
(a)
The Commissioner, in order to enforce this chapter or any orders, rules, or
regulations promulgated pursuant to this chapter, may issue an administrative
order imposing a penalty not to exceed $1,000.00 for each violation whenever the
Commissioner, after a hearing, determines that any person has violated any
provision of this chapter or any quarantines, orders, rules, or regulations
promulgated pursuant to this chapter.
(b)
The initial hearing and any administrative review thereof shall be conducted in
accordance with the procedure for contested cases in Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.' Any person who has exhausted all
administrative remedies available and who is aggrieved or adversely affected by
any final order or action of the Commissioner shall have the right of judicial
review thereof in accordance with Chapter 13 of Title 50. All penalties
recovered by the Commissioner as provided for in this chapter shall be paid into
the state treasury. The Commissioner may file in the superior court of the
county wherein the person under order resides or, if said person is a
corporation, in the county wherein the corporation maintains its principal place
of business or in the county wherein the violation occurred a certified copy of
a final order of the Commissioner unappealed from or of a final order of the
department affirmed upon appeal, whereupon said court shall render judgment in
accordance therewith and notify the parties. Such judgment shall have the same
effect, and all proceedings in relation thereto shall thereafter be the same, as
though said judgment had been rendered in an action duly heard and determined by
said court. The penalty prescribed in subsection (a) of this Code section shall
be concurrent, alternative, or cumulative with any and all other civil,
criminal, or alternative rights, remedies, forfeitures, or penalties provided,
allowed, or available to the Commissioner with respect to any violation of this
chapter and any quarantines, orders, rules, or regulations promulgated pursuant
thereto.
4-16-10.
It
shall be unlawful for any person intentionally to release alternative livestock
from captivity or to import, transport, sell, transfer, or possess alternative
livestock in such a manner as to cause its release or escape from captivity. If
a person imports, transports, sells, transfers, or possesses alternative
livestock in such a manner as to pose a reasonable possibility that such
alternative livestock may be released accidentally or escape from captivity, the
department may revoke the license of such person.
4-16-11.
Any
person violating the provisions of this chapter shall be guilty of a
misdemeanor."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.