Hunting Deer With Dogs; Seasons; Permit Required

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  1. It shall be unlawful to hunt deer with dogs except during such special open seasons for the hunting of deer with dogs as may be designated by the board on a state-wide, regional, or local basis.
  2. In accordance with subsection (a) of this Code section, the board is authorized to promulgate rules and regulations establishing an open season for the hunting of deer with dogs as may be appropriate based on sound wildlife management principles.
  3. It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to a lessee of deer hunting rights for any tract of real property that is less than 1,000 contiguous acres or to the property owner or owners for any tract of real property that is less than 250 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof.
  4. The owner of any dog that is used for hunting deer must cause such dog to be identified at all times during the hunt with the permit number for the tract being hunted.
  5. Any person operating a motor vehicle used in conducting a deer hunt with dogs shall during such hunt clearly display in the front or rear windshield of such motor vehicle a decal or card showing the tract permit number in numerals not less than two inches high.
  6. The department shall thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of this title or rules and regulations issued pursuant to this title. The commissioner may take action against a permit as provided by Code Section 27-2-25 for violations of the provisions of this title or rules and regulations issued pursuant to this title occurring on the tract of real property for which the permit was issued.
  7. In addition to the provisions of subsection (f) of this Code section, the commissioner may suspend deer-dog hunting privileges for a specified period of time not to exceed two years for any hunter who, within a single hunting season, commits two or more violations of dogs off of permitted property. The hunter shall be notified of the proposed suspension personally or by a letter sent by certified mail or statutory overnight delivery to the hunter's address indicated on the application for a hunting license. The proposed suspension shall become final 30 days after issuance if not appealed as provided in this Code section. The hunter shall, upon petition within 30 days of issuance of notice given as stated in this Code section, have a right to a hearing before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with such chapter.

(Ga. L. 1955, p. 483, § 58; Code 1933, § 45-515, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 2003, p. 654, § 11; Ga. L. 2005, p. 655, § 2/SB 206; Ga. L. 2006, p. 502, § 1/HB 1424; Ga. L. 2017, p. 27, § 13/HB 208.)

The 2017 amendment, effective July 1, 2017, deleted former subsection (g), which read: "Any person 16 years of age or older, including without limitation any person hunting on his or her own property, who hunts deer with dogs must obtain and possess a deer-dog hunting license in addition to all other required hunting licenses and permits. The license fee for such deer-dog license shall be $5.00 for a one-year period, except that there shall be no charge for any holder of a valid honorary hunting license, sportsman's license, or lifetime sportsman's license issued pursuant to this title."; redesignated former subsection (h) as present subsection (g); and rewrote subsection (g). See Editor's notes for applicability.

Cross references.

- Killing of dogs pursuing or killing deer, § 27-3-49.

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.

Administrative Rules and Regulations.

- Hunting regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Natural Resources, Wildlife Resources Division, Subject 391-4-2.

Permit requirements for hunting deer with dogs, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Natural Resources, Wildlife Resources Division, Hunting Regulations, § 391-4-2-.29.

JUDICIAL DECISIONS

Cited in Cumbess v. State, 241 Ga. 421, 246 S.E.2d 186 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 52 et seq.

C.J.S.

- 38 C.J.S., Game; Conservation and Preservation of Wildlife, § 55.


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