Short title

This article may be cited as the ‘‘Georgia Aquaculture Development Act.’’ (Code 1981, § 27-4-251, enacted by Ga. L. 1992, p. 1507, § 8.) 27-4-252. (For effective date, see note.) Definitions. As used in this article, the term: (1) ‘‘Aquaculture’’ means the extensive or intensive farming of aquatic animals and plants. (2) ‘‘Commission’’ means the Aquaculture Development Commission created by Code Section 27-4-253. (Code 1981, § 27-4-252, enacted by Ga. L. 1992, p. 1507, § 8; Ga. L. 2004, p. 948, § 2-6.) Delayed effective date. — Ga. L. 2004, p. 948, § 3-1(c), provides that the 2004 amendment becomes effective only upon the effective date of a specific appropriation of funds for purposes of that Act as expressed in a line item of an appropriations Act enacted by the General Assembly. Funds were not appropriated at the 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, or 2018 session of the General Assembly. After the appropriation is made paragraph (1) will read as follows: ‘‘(1) ‘Aquaculture’ means the extensive or intensive farming of aquatic animals, other than pacific white shrimp as defined by Code Section 2-15-2, and aquatic plants.’’ 27-4-253. Aquaculture Development Commission created; membership; bylaws; quorum; reimbursement for expenses; meeting at call of chairman. (a) There is created the Aquaculture Development Commission. The commission shall be composed of 14 members as follows: (1) The president of the Georgia Aquaculture Association or his representative, who shall serve as chairman of the commission; (2) The president of the Georgia Farm Bureau Federation or his representative; (3) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia or his representative; (4) The chairman of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his representative; 261 27-4-253 (5) The chairman of the Senate Agriculture and Consumer Affairs Committee or his representative; (6) The Commissioner of Agriculture or his representative; (7) The commissioner of natural resources or his representative; (8) The commissioner of economic development or his or her representative; and (9) Six members to be appointed by the president of the Georgia Aquaculture Association as follows: (A) Four members shall be representatives of the aquaculture industry; (B) One member shall be a representative of the commercial fish farming supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of fish farming. Each of such six members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the commission. The terms of the first six such members shall begin on July 1, 1989. (b) The members of the commission shall enter upon their duties without further act or formality. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so. The commission may appoint working subcommittees based on identified needs. These subcommittees may consist of noncommission members who exhibit an interest in the development of the aquaculture industry of Georgia. (c) Eight members of the commission shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the commission by this article. No vacancy on the commission shall impair the right of a quorum to transact any and all business of the commission. (d) The members shall not receive compensation for their services on the commission but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (e) The commission shall meet upon the call of its chairman. (Code 1981, § 27-4-253, enacted by Ga. L. 1992, p. 1507, § 8; Ga. L. 1995, p. 262 27-4-254 10, § 27; Ga. L. 1995, p. 1059, § 1; Ga. L. 2004, p. 690, § 13; Ga. L. 2009, p. 303, § 1/HB 117.) Editor’s notes. — Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: ‘‘This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act.’’ 27-4-254. Duty of commission to develop aquaculture development plan; contents of plan; meetings of commission; staff support. (a) The commission shall make a thorough study of aquaculture and the potential for development and enhancement of aquaculture in the state. It shall be the duty of the commission to develop, distribute, and, from time to time, amend an aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable aquaculture enterprises in Georgia. Such plan shall include: (1) An evaluation of Georgia’s natural resources as they relate to aquaculture; (2) An evaluation of species with potential for culture in Georgia; (3) An identification of constraints to development of aquaculture in Georgia and recommendations on methods to alleviate these constraints; (4) An identification of the roles of the Department of Agriculture and the Department of Natural Resources in supporting the aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) Recommendations for implementation of the plan; and (6) An identification of the role of other state and federal agencies in the development of the aquaculture industry. (b) The commission is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this article which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this article. (c) Staff support for the commission shall be provided by the Department of Natural Resources with assistance from the Department of Agriculture and the Department of Economic Development. (Code 1981, 263 27-4-257 § 27-4-254, enacted by Ga. L. 1992, p. 1507, § 8; Ga. L. 2004, p. 690, § 14.) 27-4-255. Registration required for sale of domestic fish; regulation of sale without registration. Any person engaged in the sale of domestic fish, except grocery stores, shall apply to the department for an aquaculture registration. The domestic fish of a registered aquaculture producer shall be privately owned subject to regulation by the Department of Natural Resources; provided, however, any person selling ‘‘domestic fish’’ without first obtaining an aquaculture registration shall be considered to be selling ‘‘wildlife’’ or ‘‘wild animals’’ and shall be subject to the provisions of this title governing such sale. (Code 1981, § 27-4-255, enacted by Ga. L. 1992, p. 1507, § 8.) 27-4-256. Duty of department to register sellers of domestic fish; expiration of registration. The Department of Natural Resources shall register sellers of domestic fish under the applicable provisions of this article. Such registration shall expire on April 1 following the second anniversary of registration; provided, however, that such registration shall expire 30 days following any change in the status of any information required by the provisions of this article or by any rule or regulation adopted pursuant to this article to be reported to the department. The department shall issue to registrants who update their registration new certificates of registration for the full period of registration provided for in this Code section. (Code 1981, § 27-4-256, enacted by Ga. L. 1992, p. 1507, § 8; Ga. L. 1994, p. 600, § 6.) 27-4-257. Contents of application for registration.