Hunting Bears; Restrictions; Penalties

  1. Law
  2. Georgia Code
  3. Game and Fish
  4. Wildlife Generally
  5. Hunting
  6. General Provisions
  7. Hunting Bears; Restrictions; Penalties

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  1. It shall be unlawful for any person to:
    1. Hunt, take, or attempt to take a bear except during the open season for hunting and taking bears or under authority of a permit by the Department of Natural Resources to kill or take a bear;
    2. Buy, sell, barter, or exchange a bear or bear part; or
    3. Possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bears and except as provided in Code Section 27-3-28.
  2. Each act constituting a violation of this Code section is a separate offense.
  3. Any person violating the provisions of this Code section shall be guilty of a misdemeanor of a high and aggravated nature, and, upon conviction, may be punished by a fine of not less than $500.00 nor more than $5,000.00, by confinement for a term not to exceed 12 months, or both. The court may order that restitution be paid to the department of not less than $1,500.00 for each bear or bear part which is the subject of a violation of this Code section. Any equipment which is used or intended for use in a violation of this Code section, excluding motor vehicles, is declared to be contraband and is forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. The hunting and fishing privileges of any person convicted of violating the provisions of this Code section shall be suspended for three years.

(Code 1981, §27-3-26, enacted by Ga. L. 1991, p. 1157, § 2; Ga. L. 1992, p. 2391, § 6; Ga. L. 2010, p. 952, § 6/SB 474; Ga. L. 2015, p. 693, § 3-19/HB 233.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "$500.00" was substituted for "$500" in subsection (c).

Editor's notes.

- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

OPINIONS OF THE ATTORNEY GENERAL

For an update of crimes and offenses for which the Georgia Crime Information Center is authorized to collect and file identifying data, see 1991 Op. Att'y Gen. No. 91-35.


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