Powers and Duties of Department and Board

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  1. The department shall identify and inventory any species of animal life within this state which it determines from time to time to be rare, unusual, or in danger of extinction; and, upon such determination, such species shall be designated protected species and shall become subject to the protection of this article.
  2. The board shall issue such rules and regulations as it may deem necessary for the protection of protected species and for the enforcement of this article. Such rules and regulations shall not affect rights in private property or in public or private streams, nor shall such rules and regulations impede construction of any nature. Such rules and regulations shall be limited to the regulation of the capture, killing, or selling of protected species and the protection of the habitat of the species on public lands.
  3. The department may delegate the powers and duties which this article grants to it to any official or officials of the department.

(Ga. L. 1973, p. 932, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Construed with Environmental Policy Act.

- The factors enumerated in the Georgia Environmental Policy Act, O.C.G.A. § 12-16-1 et seq., must be considered when evaluating environmental concerns under O.C.G.A. § 32-2-3; the provisions of O.C.G.A. § 27-3-132 are not repealed by implication by the Georgia Environmental Policy Act. 1991 Op. Att'y Gen. No. 91-29.

RESEARCH REFERENCES

ALR.

- Construction and application of state endangered species acts, 44 A.L.R.6th 325.


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