GA Code § 27-4-198 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 4 - Fish|Article 4 - Seafood|Part 4 - Shellfish|§ 27-4-198. Lease of State Intertidal and Subtidal Water Bottoms Within Approved Growing Areas From Department

    The department may offer leases of state intertidal water bottoms within an approved growing area for the exclusive rights to harvest wild or maricultured shellfish pursuant to this Code section through public competitive bidding. Any person desiring to lease state intertidal water bottoms shall make an application in writing to the department in the manner and time as described by the department in the competitive bid advertisement. Such lease shall include terms and conditions as prescribed by the department.   The department shall cause to be published once per week for two consecutive weeks in the legal organ of the county or counties in which the area to be bid upon is located an advertisement of an invitation for bid, setting forth a description of the area proposed to be leased; the date, time, and place when and where bids will be received; the minimum acceptable bid as determined by the department but not less than $15.00 per acre; and such other information as the department may deem necessary. Prior to such advertisement, the department shall prepare a proposed form of lease and appropriate instructions which shall be available to prospective bidders under such conditions as the department may prescribe. Sealed bids shall be submitted to the department, and each bid shall be accompanied by a refundable certified check, cashier's check, or money order for the total annual amount of the submitted bid. The funds submitted by the successful bidder will be applied toward the first annual lease payment. In addition, each sealed bid shall be accompanied by a detailed management plan for working the intertidal water bottoms lease area for wild harvest or mariculture. The lease form shall contain provisions regarding the term of the lease, the method of taking shellfish, the time and place for annual payment for the lease which shall be equal to the bid amount, the minimum replanting or production requirements of shellfish to be harvested, the placement and type of signs to mark the site as a leased area, and such other terms as the department deems necessary.   All bids shall be opened in public on the date and at the time and place specified in the advertisement of the invitation to bid. The department shall announce which bid and bidder it considers most advantageous to the state. In so considering, the department shall give preference to residents over nonresidents. In exercising its discretion, the department may consider an applicant's previous performance and compliance with this article. The department shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding.       The department may offer leases of state subtidal water bottoms within approved growing areas for the exclusive rights to mariculture shellfish to in-state and out-of-state residents. Prior to offering a subtidal water bottoms lease, the department shall consider compatibility with other public uses of the marine and estuarine resources in proximity of the lease area that include, but are not limited to, navigation, fishing, swimming, and other forms of recreation. Such lease shall include terms and conditions as the department may prescribe.   Subtidal water bottoms leases shall be issued through a lottery devised and operated by the department. Preference may be given to certified firms, lease holders, and state residents.   Subtidal water bottoms annual lease fees shall be equal to the fair market value per acre as determined by the department but not less than $50.00 per acre.     Each person granted an intertidal water bottoms or subtidal water bottoms lease shall pay an annual lease fee. If the annual fee is not paid by August 1, the department shall assess a late penalty of 10 percent. If the department does not receive the fee and any penalty on or before September 1, the lease shall be void.   Intertidal water bottoms or subtidal water bottoms leased pursuant to this Code section shall be posted at the site by the lessee so as to identify clearly the areas so leased. The lessee shall also have a copy of the lease recorded within 30 days of the execution of the lease by the clerk of the superior court of the county or counties in which the leased area is located.   Each intertidal water bottoms or subtidal water bottoms lease is valid for a term not to exceed ten years as determined by the board and may be renewed for additional terms so long as the leasee is in good standing pursuant to this part and all terms of the current lease.     Intertidal water bottoms and subtidal water bottoms leases may not be transferred, by sale or barter, without the written approval of the department along with a $50.00 transfer fee paid to the department. Transferees shall meet the same conditions as the original leasee.   Intertidal water bottoms and subtidal water bottoms leases may be inheritable and transferable to the leasee's spouse, siblings, lineal descendants, or lineal ancestors without payment of a transfer fee if the leasee dies or is permanently and totally disabled. An instrument of the court declaring the rightful heir or recipient may be required for transfers upon a death. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veterans Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation. Inherited leases shall be valid only with approval of the department.   Transferred leases shall be valid only upon receipt of the transfer fee, if applicable, and department approval. Leases may not be transferred, by sale or barter, by a leasee who has not harvested shellfish on such lease as evidenced by harvest records within the previous three years. A transferee shall assume the lease in its entirety and all conditions associated with the lease, acquire all additional authorizations if so required, and harvest shellfish on such lease as evidenced by harvest records within two years after such transfer or the lease may revert to the department. Any person receiving a shellfish water bottoms or subtidal water bottoms lease by transfer shall pay to the department the lease fee within 30 days following the date of the transfer. If such fee is not paid within the required time, the lease shall revert to the department.     The department is authorized to issue permission to remove shellfish from areas where those shellfish may be destroyed by dredging, development, or other destructive activities without entering into a lease as described in this Code section. Such authorization shall include terms and conditions as the department may prescribe and shall be issued only to master harvester permittees. The department shall notify permittees of its intentions to issue such authorization and set forth details on the proposed activity along with directions on how permittees may participate in the activity. When such authorization is issued, participants shall pay the department directly a one-time fee not to exceed $500.00 as set by the department.   The department is authorized to issue permission to remove shellfish from unapproved growing areas without entering into a lease as described in this Code section. Such authorization shall be issued only to master harvester permittees and under guidelines as set forth in subsection (g) of this Code section.     (Code 1981, §27-4-198, enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 2019, p. 619, § 1/HB 501.)    The 2019 amendment  effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, rewrote this Code section.   Cross references.   - Procedures required for right of way or spoil disposal areas leased for cultivation and gathering of oysters, § 52-3-8.    Taking of oyster beds or damaging of oysters in connection with construction or maintenance of intracoastal waterway, § 52-3-9.   Editor's notes.   - Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes." This Act was signed by the Governor on May 6, 2019.   RESEARCH REFERENCES   Am. Jur. 2d.   - 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 21.   C.J.S.   - 36A C.J.S., Fish, § 14.   ALR.    - Pollution of oyster beds, 3 A.L.R. 762.