§ 27-3-60 . Trappers must be licensed
§ 27-3-61 . Conditions for a nonresident trapper's license
§ 27-3-62 . Trapping unlawful except furbearers during certain periods
§ 27-3-63 . Unlawful trapping and activities relative thereto
§ 27-3-64 . Killing mink or otter with firearms prohibited; sale or possession of pelts of animals so killed; exceptions
§ 27-3-65 . Remove wildlife from trap of another
§ 27-3-66 . Trapping rabbits on own premises
§ 27-3-67 . Rabbits and hares
§ 27-3-68 . Confiscation of trapping equipment illegally used
§ 27-3-69 . Fur dealer licenses
§ 27-3-70 . Conditions for fur dealer's license
§ 27-3-71 . Records of fur dealers
§ 27-3-72 . Service of process for licensees or license applicants
§ 27-3-73 . Plan of disposal of carcasses or parts of carcasses of fur-bearing animals
§ 27-3-60. Trappers must be licensed
(a) It shall be unlawful for any person to engage in business as a trapper unless that person or his agent has a current valid commercial trapping license issued by the department, as provided in Code Section 27-2-23.
(b) A landowner or a member of his immediate family desiring to trap on the landowner's private property may obtain a license for such purpose annually from the department at no charge.
(c) Any person violating any provision of this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1977, p. 1270, § 4.
§ 27-3-61. Conditions for a nonresident trapper's license
(a) Upon application for a nonresident commercial trapping license, the person making such application must do one of the following:
(1) Post a cash forfeiture bond in the form prescribed by the board in favor of the State of Georgia in the amount of $2,500.00, conditioned upon faithful compliance with the laws of this state and regulations of the board governing trappers and trapping; or
(2) File with the commissioner a forfeiture bond in the form prescribed by the board executed by a bonding, surety, or insurance company licensed to do business in this state in favor of the state in the amount of $2,500.00, conditioned upon faithful compliance with the laws of this state and regulations of the board governing trappers and trapping.
(b) The term of the bond provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be for one year and shall correspond to the period of the license. The commissioner shall have the right to recover on the bond for the breach of its conditions whenever the trapper violates the laws of this state governing trappers or trapping or any rule or regulation promulgated by the board pursuant thereto, as follows:
(1) For the first violation, $500.00;
(2) For the second violation within a two-year period of time of any prior violation, $1,000.00;
(3) For the third violation within a two-year period of time of any prior violation, $2,500.00;
(4) For each subsequent violation within a two-year period of time of any prior violation, $2,500.00.
(c) Every breach or violation shall carry over to all succeeding bonds filed under this Code section. The aggregate liability shall not exceed the amount of the bond; however, in the event that the total amount of any bond is forfeited, the nonresident commercial trapping license shall be suspended until a new bond is filed covering the remainder of the period of the license; and it shall be unlawful and punishable under Code Section 27-3-60 for such trapper to trap at any time during the suspension of such license.
CREDIT(S)
Laws 1977, p. 1270, § 5.
§ 27-3-62. Trapping unlawful except furbearers during certain periods
(a) Except as otherwise specifically provided in this Code section, it shall be unlawful to trap any wildlife in this state between March 1 and November 19.
(b) It shall be unlawful to trap any wildlife during the period between November 20 and February 29, except as otherwise provided in this Code section and except that it shall not be unlawful to trap a fur-bearing animal during that period or a portion thereof if that period or portion thereof is designated by the board as an open trapping season for such fur-bearing animal.
(c) In accordance with subsection (b) of this Code section and as may be appropriate in accordance with sound wildlife management principles, the board is authorized to promulgate rules and regulations establishing open seasons for the trapping of fur-bearing animals on a state-wide, regional, or local basis.
(d) Notwithstanding subsection (a) or (b) of this Code section, it shall be lawful to trap on private land not operated by the department beaver, raccoons, opossum, rats, and mice at any time during the year. It shall also be lawful for any person to set steel traps within 200 yards of the residence or dwelling of any such person for the protection of livestock, ratites, poultry, or other fowl or domestic animals from any predatory bird or animal.
(e) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
Credits
Laws 1977, p. 396, § 1; Laws 1977, p. 1270, § 3; Laws 1979, p. 800, § 4; Laws 1980, p. 323, § 1; Laws 1995, p. 244, § 31; Laws 2015, Act 26, § 1, eff. April 29, 2015; Laws 2022, Act 863, § 2, eff. May 10, 2022.
§ 27-3-63. Unlawful trapping and activities relative thereto
(a) It shall be unlawful for any person to:
(1) Trap any wildlife upon the right of way of any public road or highway of this state; provided, however, that this paragraph shall not apply to any person licensed as required by Code Section 27-3-60 who traps beaver upon the right of way of any state highway, county road, or municipal street as an authorized agent, employee, or contractor of the state, county, or municipality for the purpose of preventing, reducing, or stopping damage to such highway, road, or street resulting from beaver activity;
(2) Set, place, or bait any trap for the purpose of taking any wildlife upon the land or in the waters adjoining the land of any other person, except during the open trapping season for such wildlife, and then only after obtaining the written consent of the owner of the land, which written consent shall be carried upon the trapper's person while engaged in trapping;
(3) Trap any wildlife without inspecting the traps used for such purpose at least once during each 24 hour period and removing from the traps any wildlife caught therein;
(4) Trap any wildlife by the use of any trap or other device which is not legibly etched, stamped, or tagged by affixing a stamped metal tag showing the owner's permanent trapper's identification number as provided by the department or the owner's name. In the event that a trap or other device etched or stamped with the owner's permanent trapper's identification number or name is being used in the field by another, such trap or device must have attached to it a stamped metal tag with the user's permanent trapper's identification number or name. Any trap or other device found in use in the field which is not etched, stamped, or tagged as required by this paragraph may be confiscated and destroyed by the department through its officers and game wardens;
(5) Ship or otherwise remove or cause to be removed from this state any raw or undressed hide, fur, pelt, or skin of any fur-bearing animal without first making a report to the department of the removal on forms to be furnished by the department for such purpose;
(6) Fail to carry a weapon of .22 caliber rimfire while tending traps and to fail to use such weapon to dispatch any fur-bearing animal found in a trap, which animal is to be taken by the person;
(7) Fail to carry a choke stick or similar device while tending traps, which device shall be used for releasing domestic animals;
(8) Set on land any trap with a jaw opening larger than 5 3/4 inches, provided that nothing in this Code section shall be construed to restrict the type of trap which may be used in water;
(9) Sell the fur, hide, or pelt of any domestic dog or cat caught by a trap;
(10) Sell the raw, undressed fur, hide, skin, or pelt of any fur-bearing animal unless the person has a current valid commercial trapping license or fur dealer license; or
(11) Set any body-gripping trap (as opposed to a leg-hold trap) of a size in excess of 9 1/2 inches square except in water or on land within ten feet of water, including swamps, marshes, and tidal areas.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and shall be punished as for a misdemeanor, subject to a minimum punishment as follows:
(1) For the first offense, the offender shall be fined not less than $100.00, except that this minimum fine shall not apply to the offender if he is 17 years of age or younger;(2) For a second offense within a two-year period after the first offense, the offender shall be fined not less than $300.00; or
(3) For a third offense and for each subsequent offense within a two-year period after the first offense, the offender shall be fined not less than $750.00.
Credits
Laws 1977, p. 396, § 1; Laws 1977, p. 1270, § 2; Laws 1979, p. 800, §§ 2, 3; Laws 1982, p. 988, § 1; Laws 1983, p. 3, § 20; Laws 1984, p. 802, § 1; Laws 1992, p. 2863, § 8; Laws 2009, Act 17, § 1, eff. July 1, 2009; Laws 2019, Act 264, § 7, eff. July 1, 2019.
Formerly Code 1933, § 45-603.
§ 27-3-64. Killing mink or otter with firearms prohibited; sale or possession of pelts of animals so killed; exceptions
It shall be unlawful to use any kind of firearm to kill or injure mink or otter or to possess or sell any mink or otter, or the pelt thereof, which was killed by any kind of firearm, provided that nothing in this Code section shall prevent a person from dispatching a mink or otter found in a trap or from killing any mink or otter while it is destroying or damaging, or about to destroy or damage, the person's crops, domestic fowl, or other personal property.
CREDIT(S)
Laws 1977, p. 396, § 1; Laws 1984, p. 802, § 2.
§ 27-3-65. Remove wildlife from trap of another
It shall be unlawful for any person to remove a legally set trap, except for the owner of the land on which the trap is set, or to remove any lawfully trapped wildlife from any legally set trap or to possess any wildlife so removed from such a trap without the permission of the owner of the trap.
CREDIT(S)
Laws 1977, p. 396, § 1; Laws 1984, p. 802, § 3.
§ 27-3-66. Trapping rabbits on own premises
Notwithstanding any other provision of this title to the contrary, it shall be permissible for any person, his family, and his tenants to trap rabbits upon the premises of such person by employing a device commonly called a rabbit box. No permit or license shall be required before engaging in such activity. Nothing contained in this Code section shall be construed to authorize a person to trap a rabbit out of the season provided by law or rule or regulation for hunting rabbits in this state.
CREDIT(S)
Laws 1977, p. 396, § 1.
(a) Except as otherwise provided in subsections (b) and (c) of this Code section, it shall be unlawful for any person to take rabbits or hares in this state except during the lawful hunting season as prescribed by law or rules and regulations of the board.
(b) The director of the Game and Fish Division of the department may issue a special permit to any person, including any minor under 16 years of age, for the purpose of trapping or capturing rabbits or hares by means of rabbit boxes or other similar devices. Such person shall be authorized to sell such rabbits or hares for use at time trials licensed or sanctioned by the American Kennel Club. When issuing such special permits, the director shall consider principles of sound wildlife management as well as the demand for rabbits or hares in a given locality of the state. Nothing in this subsection shall be construed to repeal the provisions of Code Sections 27-3-20 and 27-3-66.
(c) The prohibitions of this Code section shall not apply to domestic rabbits.
(d) Any person who violates this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1977, p. 1270, § 12; Laws 1981, p. 1006, § 1.
§ 27-3-68. Confiscation of trapping equipment illegally used
It shall be the duty of game wardens to confiscate any trap, pitfall, deadfall, scaffold, catch, snare, net, salt lick, blind pig, baited hook, or other similar device used in violation of the wildlife laws, rules, and regulations and to dispose of same as directed by the commissioner.
Credits
Laws 1977, p. 396, § 1; Laws 2019, Act 264, § 7, eff. July 1, 2019.
§ 27-3-69. Fur dealer licenses
(a) It shall be unlawful for any person to engage in business as a fur dealer or in business as a fur dealer's agent unless such person has a current valid license to engage in such business.
(b) For purposes of obtaining a fur dealer license, a person who is a legal resident of Georgia at the time of application for such license, a partnership in which all partners are residents of this state, and a corporation which is incorporated under the laws of this state or qualified to do business within this state and having a regularly maintained and established place of business within this state shall be deemed eligible for a resident license. All other fur dealer license applicants shall be required to obtain a nonresident license. Fur dealer licenses shall include the name of the licensee if the holder is an individual, the names of the partners if the holder is a partnership, and the names of the president and the manager if the holder is a corporation.
(c) Any employee or officer of a fur dealer may apply for a fur dealer's agent license if the employee or officer is authorized to purchase, sell, or otherwise acquire title to or possession of furs, hides, skins, and pelts for and on behalf of a licensed fur dealer and if the fur dealer approves any such application, provided that no employee may be a licensed fur dealer's agent for more than one licensed fur dealer at the same time. No such license shall be transferable, and there shall be no rebate, refund, or reduction in the license fee for any reason whatsoever.
(d) Any person who violates this Code section shall be guilty of a misdemeanor.
CREDIT(S)
Laws 1968, p. 497, § 11; Laws 1977, p. 396, § 1.
§ 27-3-70. Conditions for fur dealer's license
(a) Upon application for a fur dealer license, the person making the application must do one of the following:
(1) Post a cash forfeiture bond in the form prescribed by the board in favor of the State of Georgia in the amount of $5,000.00, conditioned upon faithful compliance with the laws of this state and regulations of the board governing fur dealers; or
(2) File with the commissioner a forfeiture bond in the form prescribed by the board executed by a bonding, surety, or insurance company licensed to do business in this state in favor of the state in the amount of $5,000.00, conditioned upon faithful compliance with the laws of this state and regulations of the board governing fur dealers.
(b) The term of the bond provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be for one year and shall correspond to the period of the license. The commissioner shall have the right to recover on the bond for the breach of its conditions whenever the fur dealer violates the laws of this state governing fur dealers or any rule or regulation promulgated by the board pursuant thereto, as follows:
(1) For the first violation, $500.00;
(2) For the second violation within a two-year period of time of any prior violation, $1,000.00;
(3) For the third violation within a two-year period of time of any prior violation, $5,000.00;
(4) For each subsequent violation within a two-year period of time of any prior violation, $5,000.00.
(c) Every breach or violation shall carry over to all succeeding bonds filed under this Code section. The aggregate liability shall not exceed the amount of the bond; however, in the event that the total amount of any bond is forfeited, the fur dealer's license shall be suspended until a new bond is filed covering the remainder of the period of the license; and it shall be unlawful and punishable under Code Section 27-3-69 for the fur dealer to engage in business as such at any time during the suspension of the license.
CREDIT(S)
Laws 1977, p. 1270, § 7.
§ 27-3-71. Records of fur dealers
(a) It shall be unlawful for any person to engage in business as a fur dealer unless the person files an annual report with the department not later than 60 days after the close of the trapping season. The report shall list the number of each type of hide, fur, skin, or pelt purchased during the preceding year, the date of purchase, the name of the person from whom purchased, and the person's trapping or raccoon fur seller's license number. The report shall be submitted on forms provided by the department. In addition, each fur dealer shall maintain in a legible manner on his business premises a listing of furs purchased during the license year showing each type of hide, fur, skin, or pelt purchased, the date of purchase, and the name of the person from whom purchased.
(b) Game wardens and other authorized representatives of the department shall be authorized to enter the premises of a fur dealer, during normal working hours and at any other time when the licensed activity is being conducted, for the purpose of inspecting the premises and the records maintained by the fur dealer pursuant to subsection (a) of this Code section.
(c) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
Credits
Laws 1977, p. 1270, § 8; Laws 1984, p. 802, § 4; Laws 2019, Act 264, § 7, eff. July 1, 2019.
§ 27-3-72. Service of process for licensees or license applicants
All applications to the department for any license or permit required by this article shall designate an address in Georgia where the applicant can be personally served with legal process, or shall contain an appointment of an agent in Georgia for acceptance of service of legal process together with the agent's Georgia address, or shall contain a designation of the Secretary of State of Georgia for acceptance of service of legal process. A copy of any application so designating the Secretary of State shall be forwarded by the department to the Secretary of State. The filing of an application with the department for a license or permit shall constitute an admission by the applicant that the applicant is doing business in Georgia.
CREDIT(S)
Laws 1977, p. 1270, § 9.
§ 27-3-73. Plan of disposal of carcasses or parts of carcasses of fur-bearing animals
It shall be unlawful for any fur dealer to dispose of any carcasses or parts of carcasses of any fur-bearing animals or alligators except pursuant to a written plan of disposal submitted to and approved by the department in writing. Such a plan of disposal shall be designed to minimize vermin infestation, odors, and disease hazards. Any person who violates this Code section shall be guilty of a misdemeanor and shall be subject to the administrative license revocation, suspension, denial, and refusal provisions of Code Section 27-2-25.
CREDIT(S)
Laws 1984, p. 802, § 5; Laws 1985, p. 149, § 27; Laws 1988, p. 848, § 7.