Noncompliance With Laws While on Fishing Area, Fish Hatchery, Natural Area, or Wildlife Management Area; Acts Constituting Criminal Trespass

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  2. Georgia Code
  3. Game and Fish
  4. General Provisions
  5. Noncompliance With Laws While on Fishing Area, Fish Hatchery, Natural Area, or Wildlife Management Area; Acts Constituting Criminal Trespass

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  1. It shall be unlawful to enter upon or to hunt, trap, or fish on any public fishing area, fish hatchery, or natural area, or wildlife management area owned or operated by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board, including, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit.
  2. Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing area, fish hatchery, or natural area or any game management area owned or operated by the department in violation of this Code section commits the offense of criminal trespass.

(Code 1933, § 45-213, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 16; Ga. L. 1982, p. 1729, § 4; Ga. L. 1987, p. 179, § 2; Ga. L. 1989, p. 1552, § 1; Ga. L. 1996, p. 980, § 2; Ga. L. 2001, p. 1013, § 4; Ga. L. 2015, p. 1352, § 4/HB 475; Ga. L. 2019, p. 808, § 1/SB 72.)

The 2019 amendment, effective July 1, 2019, in subsection (a), inserted a comma following "promulgated by the board" in the middle of the first sentence, and deleted the former second sentence, which read: "Further, it shall be unlawful for any person except those specifically excluded by law to hunt on a wildlife management area without a valid wildlife management area license as authorized by Code Section 27-2-23."

Cross references.

- Prohibition against certain acts at a park, historic site, or recreational area, § 12-3-10.

Prohibition against hunting while intoxicated, § 27-3-7.

Editor's notes.

- Ga. L. 1987, p. 179, § 6, not codified by the General Assembly, set forth the legislative intent of that Act.

Ga. L. 2015, p. 1352, § 1/HB 475, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Feral Hog Control Act.'"

Ga. L. 2015, p. 1352, § 2/HB 475, not codified by the General Assembly, provides that: "The General Assembly finds that feral hogs are an invasive species in Georgia and are detrimental to the natural resources and agricultural production of the state. Feral hogs cause significant damage to crops and wildlife habitat. In addition, as carriers of communicable diseases, feral hogs pose a health risk to humans, livestock, companion animals, pets, and native wildlife."

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Since O.C.G.A. § 27-1-33 could be violated in such a manner that it involved firearms or other dangerous weapons where fingerprinting would be mandatory in order to promote consistency in the treatment of offenders, this offense shall be designated as an offense for which those charged with a violation are to be fingerprinted. 1989 Op. Att'y Gen. 89-52.


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