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Notice and Synopsis of Proposed Rule Making

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Notice and Synopsis of Proposed Rule Making MARK WILLIAMS TED WILL COMMISSIONER DIRECTOR March 25, 2021 M E M O R A N D U M TO: INTERESTED PERSONS AND ORGANIZATIONS FROM: Ted Will SUBJECT: NOTICE AND SYNOPSIS OF PROPOSED RULE MAKING Notice is hereby given that, pursuant to authority contained in Title 12, Conservation and Natural Resources (Official Code of Georgia Annotated (O.C.G.A.), Secs. 12-2-24, 12-3-9, 12-5-285, and 12-6-172); Title 27, Game and Fish (O.C.G.A. Secs. 27-1-3, 27-1-4, 27-1-12, 27-1-33, 27-2-14, 27-2-18, 27-2-23, 27-2-41, 27-3-15, 27-2-17, 27-3-26, 27-3-132, 27-4-10, 27-4-11.1, 27-4-12, 27-4-36, 27-4-51, and 27-4-70); and Title 52, Chapter 7, Registration, Operation, and Sale of Watercraft (O.C.G.A. Sec. 52-7-31), the Board of Natural Resources proposes to repeal several Rules and parts of Rules pertaining to the department’s various functions in conserving the state’s natural resources. The proposed repeals (copy attached hereto), when adopted, amends Subject 391-1, Administration, Subject 391-4, Wildlife Resources, Subject 391-5, Historic Preservation, and Rule 391-2-3-.03 Regulation of Marinas, Community Docks and Commercial Docks. SYNOPSIS AND MAIN FEATURES The purpose of agency Rules is to dispense its statutory authorities in carrying out the various functions of its Divisions to conserve, manage, and protect the state’s natural resources. Changes to the existing rules reflect the need to repeal rules duplicative of statutes, repeal rules for nonexistent programs, repeal extraneous rules, and for subsequent housekeeping purposes. This notice and synopsis of the proposed rule repeals and revisions, together with an exact copy of proposed rule repeals and revisions, is being mailed to all persons who have requested in writing that they be placed on the mailing list and have tendered the actual cost of such mailing. Copies of all these documents are also available by electronic mail and are available for review on the Wildlife Resource’s Division web page (www.gohuntgeorgia.com). Please call John Bowers at (706) 557-3333 to request a copy. 2067 U.S. HIGHWAY 278 S.E. | SOCIAL CIRCLE, GEORGIA 30025 706.557.3333 | FAX 706.557.3030 | WWW.GEORGIAWILDLIFE.COM Memorandum – Notice and Synopsis of Proposed Rulemaking March 25, 2021 Page Two Members of the public may comment on these proposals electronically by email through the Wildlife Resources Division website, by telephone (706-557-3323), or by submitting written statements by close of business on April 26, 2021. Written comments should be mailed to the attention of John Bowers at: Department of Natural Resources Wildlife Resources Division 2067 U.S. Highway 278, S.E. Social Circle, Georgia 30025 The Board of Natural Resources will consider adoption of these proposals and any comments received during the public comment process at its meeting at 9:00 a.m. on May 25, 2021, in the Golf Course Conference Room at Hard Labor Creek State Park located at 1400 Knox Chapel Road, Social Circle, Georgia 30025. In accordance with necessary safety precautions regarding the COVID-19 virus, the public may access the meeting remotely via conference call or videoconference. Those options will be posted on the Board’s website under the “DNR Board Menu” header here: https://gadnr.org/board. TW/jwb Attachment: Proposed Rule 2067 U.S. HIGHWAY 278 S.E. | SOCIAL CIRCLE, GEORGIA 30025 706.557.3333 | FAX 706.557.3030 | WWW.GEORGIAWILDLIFE.COM SUBJECT PROPOSED CHANGE CURRENT CHANGE JUSTIFICATION REGULATION 391-1-4. Georgia Greenspace Program Rules 391-1-4-.01 through Repeal referenced Rules Rules 391-1-4-.01 through Repeals 37 extraneous Rules The Georgia Greenspace 391-1-4-.17; 391-1-4-.17 governed Program was established by Rules 391-1-4-.30 through operation of the Georgia State Law in 2000 and funded 391-1-4-.39; and, Greenspace Program through annual Rules 391-1-4-.50 through appropriations. Funding 391-1-4-.58 Rules 391-1-4-.30 through ceased in 2004 and the 391-1-4-.39 govern the Program is no longer in effect. operation of the Georgia These Program Rules have Community Greenspace remained on the books Supplemental Fund for despite being extraneous for Matching Grants Program for more than 15 years. municipalities that provide local matching funds Rules 391-1-4-.50 through 391-1-4-.58 govern the operation of the Georgia Community Greenspace Discretionary Grant Program 391-1-5. Georgia Greenspace Program FY 2002 Rules 391-1-5-.01 through Repeal referenced Rules Referenced Rules Repeals 7 extraneous Rules The Georgia Greenspace 391-1-5-.07 established the Georgia Program was established by Greenspace Program FY State Law in 2000 and funded 2002 to promote the through annual permanent protection of at 20 appropriations. Funding percent of the geographic ceased in 2004 and the area of eligible counties and Program is no longer in effect. were supplemental to Rule These Program Rules have Subject 391-1-4. remained on the books despite being extraneous for more than 15 years. 391-2-3-.03 Regulation of Marinas, Community Docks and Commercial Docks Definitions: Repeal Rule 391-2-3- Defines “Live Aboard” and Repeals just the referenced In the 2019 session, the Rule 391-2-3-.03(2)(n), “Live .03(2)(n) and Rule 391-2-3- “Serviceability” parts of the Rule and Georgia General Assembly Aboard” .03(2)(v) housekeeping to adjust adopted and the Governor Rule 391-2-3-.03(2)(v), numbering of subsequent signed HB 201, which made “Serviceability” paragraphs. A total of 5 parts changes to O.C.G.A. Secs. of this Rule are repealed. 52-1-3, 52-1-32, 52-7-8.4, 12- Rule 391-2-3-.03(5)(a)(5), Repeal Rule 391-2-3- Restricts “Live Aboard” 5-282 and 12-5-288 as it Tier Three Community Dock .03(5)(a)(5) occupation to not more than relates to defining these 90 days in a calendar year terms and governing “live SUBJECT PROPOSED CHANGE CURRENT CHANGE JUSTIFICATION REGULATION or Commercial Dock, “Live aboards”. Thus, these current Aboards” Rules are addressed in State Restricts “Live Aboard” Law and are no longer Rule 391-2-3-.03(6)(a)(12), Repeal Rule 391-2-3- occupation to not more than required in Rule. Marinas, “Live Aboards” .03(6)(a)(12) 90 days in a calendar year Rule 391-2-3-.03(4)(a)(4), Repeal Rule 391-2-3- Restricts “Live Aboard” Tier Two Community Docks .03(4)(a)(4) occupation to not more than 90 days in a calendar year 391-4-2-.01. Effective Date Effective Date for Hunting Repealed Rules become effective upon Repeals 1 Rule Effective date provisions for Regulations compliance with the administrative Rules and Administrative Procedures changing Rules are Act and remain in effect until established in the changed. Administrative Procedures Act, O.C.G.A. Sec. 50-13-6. This Rule duplicates language in the Administrative Procedures Act. Rule 391-4-2-.29. Permit Requirements for Hunting Deer with Dogs Hunting Deer with Dogs Repeal provisions relating to Contains 31 provisions Repeals 16 extraneous parts Numerous provisions of this permit requirements, hunting regarding permit of the referenced Rule, and Rule duplicate several parts deer with dogs on permitted requirements, definitions, retains and renumbers of the authorizing statute property, some application permit application and substantive parts of the Rule (O.C.G.A Sec, 27-3-17). provisions and some issuance, hunting deer with necessary to administer and Other provisions are revocation provisions. dogs on permitted tracts, enforce the authorizing extraneous and not required. Retains and renumbers violations, and permit/license statute. These repeals will have no provisions relating to revocations. impact to the department’s definitions, some application ability to meet its statutory provisions, violations, and obligations. some revocation provisions. 391-4-2-.72 Provisional Regulations on Newly Added Wildlife Management Areas Off-cycle regulations for Repealed Provided 1-year of Repealed Rule is extraneous and no newly added WMAs regulations for Ceylon WMA longer needed. 391-4-2-.73(3)(c) Pursuit of Bears with Dogs on Wildlife Management Areas, Other State Lands and Federal Areas Check-In Requirements It is unlawful for any person It is unlawful for any person Repeals 1 part of the There is no need to require a participating or assisting in a participating or assisting in a referenced Rule concerning person to keep a copy of the lawful open season for lawful open season for the requirement to keep a check-in permit on their pursuing bears for the pursuing bears for the copy of the check-in permit person. With advent of new purpose of training hunting purpose of training hunting on their person. technologies, the mandatory dogs to fail to check-in once dogs to fail to check-in once requirement to check-in at a SUBJECT PROPOSED CHANGE CURRENT CHANGE JUSTIFICATION REGULATION per season either online or at per season at any one of the physical location is needlessly any one of the following following WMA check burdensome. WMA check stations: Rich stations: Rich Mountain, Mountain, Swallow Creek or Swallow Creek or Warwoman. Warwoman. Any such person shall maintain a copy their check-in permit on their person any time they are participating or assisting in a lawful open season for pursuing bears for the purpose of training hunting dogs. 391-4-2-.201. Regulation for the Killing of Deer Which Damage Crops.
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