Subject 391-4-10 PROTECTION OF ENDANGERED, THREATENED, RARE, OR UNUSUAL SPECIES
The purpose of these rules and regulations is to establish the organizational structure and administrative procedures to be followed in the protection of endangered species of plant and animal life. The Department of Natural Resources is authorized by the Wildflower Preservation Act of 1973 (Ga. Laws 1973, p. 333, et seq.), the Endangered Wildlife Act of 1973 (Ga. Laws 1973, p. 932, et seq.), the laws relating to game and fish (Ga. Laws 1955, p. 483, et seq.) as amended, in particular by (Ga. Laws 1968, p. 497, et seq.) and other laws administered by the Department of Natural Resources, to promulgate rules and regulations for the protection of designated species. The Department of Natural Resources is required by the Endangered Wildlife Act of 1973 and the Wildflower Preservation Act of 1973 to designate all plant and animal species indigenous to the state which are determined by the Department to be "rare", "unusual", or in "danger of extinction". Such species are then "protected species" and subject to the provisions of the above-cited laws and the rules and regulations of the Department of Natural Resources. The Department is required to review periodically its "protected species" list and to make additions or deletions when appropriate.
All terms used in these rules and regulations shall be interpreted in accordance with the definitions as set forth in the Acts or as otherwise herein defined.
|(a)||The "Acts" as used in these rules refer to the "Wildfower Preservation Act of 1973", the "Endangered Wildlife Act of 1973", and other laws relating to game and fish.|
|(b)||"Department" means the Department of Natural Resorces.|
|(c)||"Person" means any natural person, firm, corporation, partnership, proprietorship, local government of the state, or other legal entity.|
|(d)||"Protected species" means those species of plants and animal life
which the Department shall have designated as such and has made subject to the
protection of these Acts. Protected species shall be interpreted to include
those classified as follows:
|(e)||"Public lands" means all those lands within this state which are owned by the State of Georgia.|
|(f)||"Resident species" means any species, sub-species or variety of plant or animal life that is genetically, morphologically, ecologically, or geographically distinct, and which interbreeds freely with its kind at maturity, and which exists in this state, including its waters, in the wild during any part of its life.|
|(g)||"Status Undetermined species" means a resident species which is not afforded protection under these rules and regulations, but should additional research show the need for protection these or any other species may be moved to the protected category.|
|(1)|| Criteria. The criteria for the
determination as to whether any resident species is an endangered, threatened,
rare, or unusual species are as follows:
|(2)|| Procedures. General procedures for
modifying the state "protected species" list are as follows:
|(3)|| General Procedures for deleting a species
from the state "protected species" list are as follows:
The acquisition of natural areas and/or unique habitats upon which are rare and endangered species depend shall be continued for the purposes of protection, conservation and preservation. Lands or aquatic habitats acquired for these purposes shall be managed or protected with this principal objective in mind. Acquisitions of lands, aquatic habitats, or interest herein may be made pursuant to any of the following:
|(a)||through the Georgia Heritage Trust Program of the Department;|
|(b)||through joint State--Federal agreements;|
|(c)||by donation of gift to the State, in part, or in full; or|
|(d)||by any other means or by any combination of the above.|
The Department shall cooperate with other state agencies, authorities, local governments, federal agencies, other states, counties, and organizations in carrying out land acquisitions and management programs for the purpose of conserving any endangered or threatened species.
|(1)|| The following acts regarding protected
species of animals are prohibited:
|(2)||The authorization to take certain nongame animal species set forth in O.C.G.A. Section 27-1-28 does not apply to any protected species whether on public or private land.|
|(1)||Permits. The Department may issue permits for the collection, transportation, and/or possession of protected plant and animal species. Such permits do not alleviate the responsibility to acquire specific federal permits, if required.|
|(2)||Protected Crayfish Species. The collection of state protected
crayfish species (those species included in
391-4-10-.09) while collecting
fishing bait is authorized without permit under the following conditions:
|(3)||Peregrine Falcon Take for Falconry
Purposes. The Department may issue up to five (5) annual permits for the
trapping and possession of wild peregrine falcons for falconry purposes in
accordance with the framework established by the United States Fish and
Wildlife Service and as may be appropriate based on sound wildlife management
principles. Trapping is allowed only during September 20 through October 20 and
only within Chatham, Bryan, Liberty, McIntosh, Glynn, and Camden counties. Only
wild peregrines trapped during their first year (passage birds) may be kept.
Permits are issued based upon a random drawing of qualified applicants.
Preference is given to Georgia residents such that most permits are issued to
qualified resident applicants.
Any person violating these rules and regulations shall be guilty of a misdemeanor and upon conviction thereof, shall be punished for a misdemeanor.