RULE 391-5-9-.02 - Definitions

RULE 391-5-9-.02. Definitions

As used in this Chapter, the term:

(a) "Department" means the Department of Natural Resources, State of Georgia.

(b) "Exploration" means all activities involving the search for and determination of the nature of submerged cultural resources located on, or imbedded in, the bottoms of the Atlantic Ocean within the three-mile territorial limit of the state or within navigable waters of the state.

(c) "Operation" means any project, activity, work, exploration, recovery, or conduct for which a permit is required by O.C.G.A. § 12-3-82.(a) and these rules.

(d) "Person" means any association, individual, partnership, corporation, public or private authority or local unit of government and shall include the State of Georgia and all its departments, authorities, and any other governmental agencies or instrumentalities, and any other legal entity.

(e) "Recovery" means all activities involving the collection, excavation, dislodgement, displacement, disassembly, salvage, or any other removal of submerged cultural resources or associated artifacts from their natural or cultural disposition setting or surroundings.

(f) "State Archaeologist" means that person appointed by the Department to perform those duties set forth in O.C.G.A. § 12-5-53.

(g) "Submerged Cultural Resources" means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites and objects found in the Atlantic Ocean within the three-mile territorial limit of the state or within its navigable waters. This term may include, but not be limited to, sites listed in, or eligible for listing, in the National Register of Historic Places (16 U.S.C. 470).

(Original Rule entitled "Definitions" adopted. F. Feb. 9, 1987; eff. Mar. 1, 1987. Amended: F. Aug. 27, 1998; eff. Sept. 16, 1998. Amended: F. Mar. 22, 2021; eff. Apr. 11, 2021.)

O.C.G.A. § 12-3-80et seq.

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