Hunting, Trapping, or Fishing Without License or Permit Generally; Nonresidents

  1. Law
  2. Georgia Code
  3. Game and Fish
  4. Licenses, Permits, and Stamps Generally
  5. Hunting, Trapping, or Fishing
  6. Hunting, Trapping, or Fishing Without License or Permit Generally; Nonresidents

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  1. It shall be unlawful for any person to hunt, fish, trap, or possess any wildlife or feral hog without first procuring all of the licenses, stamps, or permits required or authorized under this title.
  2. It shall be unlawful for any resident of this state who has attained the age of 16 years to hunt, fish in the waters of this state, or trap without a valid hunting license, fishing license, or trapping license, respectively, as provided in Code Section 27-2-23, except on premises owned by him or her or his or her immediate family; provided, however, that the resident owner of any vessel with a valid registration in accordance with Code Section 52-7-5 shall have, as part of the registration fee for such vessel, a paid one-day resident hunting and fishing license valid only on the anniversary of such owner's date of birth in accordance with the requirements of this title and as otherwise specified by the department. It shall be unlawful for any resident of this state to hunt, fish, or trap in this state without carrying such license upon his or her person, except on premises owned by him or her or his or her immediate family and except when otherwise specifically directed by authorized personnel of the department.
  3. It shall be unlawful for any person not a resident of Georgia who has attained the age of 16 years to hunt, fish in the waters of this state, or trap in this state without a valid nonresident hunting, fishing, or trapping license, respectively, as provided in Code Section 27-2-23, except as otherwise specifically provided by law and interstate agreements. It shall be unlawful for any nonresident to hunt, fish in the waters of this state, or trap without carrying such license on his or her person, unless otherwise specifically directed by authorized personnel of the department.
  4. Notwithstanding the provisions of subsections (b) and (c) of this Code section, no license shall be required to fish with permission of the owner from noncommercial premises not open to the public, including docks and foreshores of such premises, or at a facility or on a charter boat licensed pursuant to the provisions of Code Section 27-2-23.2.

(Ga. L. 1911, p. 137, § 13; Ga. L. 1916, p. 114, § 3; Ga. L. 1925, p. 302, § 27; Ga. L. 1931, p. 7, § 25; Ga. L. 1931, p. 178, § 6; Code 1933, §§ 45-201, 45-204, 45-205; Ga. L. 1935, p. 379, § 1; Ga. L. 1935, p. 480, § 1; Ga. L. 1941, p. 463, § 6; Ga. L. 1952, p. 258, § 2; Ga. L. 1953, Nov.-Dec. Sess., p. 166, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 173, § 1; Ga. L. 1955, p. 483, §§ 30, 31; Ga. L. 1966, p. 6, § 1; Ga. L. 1968, p. 497, §§ 7, 10; Ga. L. 1973, p. 1265, § 1; Code 1933, § 45-302, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 20; Ga. L. 1978, p. 2290, § 6; Ga. L. 1979, p. 1255, § 6; Ga. L. 1979, p. 1320, § 1; Ga. L. 1981, p. 144, § 3; Ga. L. 1998, p. 783, § 2; Ga. L. 2013, p. 771, § 6/HB 155; Ga. L. 2017, p. 27, § 2/HB 208.)

The 2017 amendment, effective July 1, 2017, substituted "a paid one-day resident hunting and fishing license valid only on the anniversary of such owner's date of birth" for "a paid three-day resident hunting and fishing license that begins on such owner's date of birth and extends two consecutive days thereafter" in the first sentence of subsection (b). See Editor's note for applicability.

Cross references.

- Unlawful acts pertaining to hunting, trapping or fishing, generally, § 27-1-3.

Editor's notes.

- Ga. L. 2017, p. 27, § 20/HB 208, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall be applicable to all offenses occurring on or after July 1, 2017.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 675, § 1, are included in the annotations for this Code section.

Incorrect date on summons.

- Because the date of the alleged offense is not generally material, except for statute of limitations purposes, and failure to rely on a specific date is not harmful unless the defendant is surprised and prejudiced in the preparation of defendant's defense, defendant was not harmed by the appearance of an incorrect date on the summons. Blackwelder v. State, 256 Ga. 283, 347 S.E.2d 600 (1986).

Evidence sufficient to sustain conviction.

- Evidence that defendant obtained resident hunting licenses by giving a Georgia address as defendant's legal residence, while a resident of the State of Virginia, evidence of the act of hunting and testimony that defendant had been hunting and had taken a turkey was sufficient to sustain defendant's conviction under O.C.G.A. § 27-2-1. Blackwelder v. State, 256 Ga. 283, 347 S.E.2d 600 (1986).

Because the defendant acknowledged hunting doves in an open field without a hunting license and "fading" into the woods when the rangers approached, the rangers had a reasonable and articulable suspicion that illegal activity had occurred; consequently, defendant's fourth amendment rights against unreasonable search and seizure were not violated and the trial court properly denied the defendant's motion for a new trial on the charges of illegal hunting and obstruction. Sharp v. State, 275 Ga. App. 487, 621 S.E.2d 508 (2005).

License required for invitees of owner of private pond.

- While owner of private pond may fish therein without procuring a license and may take fish therefrom in any manner whatever, other residents of the state over 16 years of age, even though fishing in such private pond as invitees of the owner, would be required to obtain a license. Vickers v. Jones, 200 Ga. 338, 37 S.E.2d 205 (1946) (decided under Ga. L. 1937, p. 675, § 1).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, §§ 12, 22, 43, 51m 59 et seq.

C.J.S.

- 36A C.J.S., Fish, § 28. 38 C.J.S., Game; Conservation and Preservation of Wildlife, § 52.

ALR.

- Applicability of state fishing license laws or other public regulations to fishing in private lake or pond, 15 A.L.R.2d 754.

Validity, construction, and application of state statutes prohibiting, limiting, or regulating fishing or hunting in state by nonresidents, 31 A.L.R.6th 523.


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