GA Code § 27-2-31 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 2 - Licenses, Permits, and Stamps Generally|Article 1 - Hunting, Trapping, or Fishing|§ 27-2-31. Wildlife Control Permits

  The department is authorized to issue wildlife control permits authorizing the permittee to trap, transport and release, or kill wildlife and feral hogs where such action is otherwise prohibited by law or regulation:   When the department determines that there is a substantial likelihood the presence of such wildlife will endanger or cause injury to persons or will destroy or damage agricultural crops, domestic animals, buildings, structures, or other personal property;   For the control of white-tailed deer on airport property; provided, however, that permits shall be issued under this paragraph for purposes of public safety, and the control of white-tailed deer for other purposes and the removal of black bear shall be as provided in Code Sections 27-2-18 and 27-3-21, respectively;   For fur-bearing animals, as defined in paragraph (31) of Code Section 27-1-2, to implement a bona fide wildlife management plan that has been approved by the department; and   For feral hogs, provided that:   All permitted activities must comply with all rules and regulations of the Department of Agriculture; and     No person shall transport any live feral hog without carrying on his or her person a feral hog transport permit issued by the Department of Agriculture pursuant to Code Section 2-7-201, and no person shall release any trapped or transported feral hog into any area that is not fenced to prevent the escape of such feral hog onto the land of another.   Any person who violates division (i) of this subparagraph shall, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4; provided, however, that if a fine is imposed pursuant to such Code section, such fine shall be not less than $1,500.00.   Any license or permit previously issued under this title to any person convicted of violating division (i) of this subparagraph shall by operation of law be revoked and shall not be reissued for a period of three years after the date of such conviction. The licensee or permit holder shall be notified of the revocation personally or by a letter sent by certified mail or statutory overnight delivery to the name and address indicated on the application for the license or permit, or both, or to the Secretary of State as provided in Code Section 27-2-24.           In issuing a wildlife control permit, the department shall prescribe the method, means, species, numbers, time limits, location, and any other conditions it deems necessary to ensure the continued viability of the wildlife population involved and to ensure that the public safety and interest are not compromised.   Notwithstanding the provisions of paragraph (1) of this subsection, a wildlife control permit for feral hogs shall authorize the hunting or trapping of such feral hogs:   At night with a light except during the season prescribed for hunting deer;   From within a motor vehicle or while on a motor vehicle; and   By a Georgia resident without a hunting or trapping license if such hunting occurs on premises owned by the permittee or his or her immediate family or leased by him or her or his or her immediate family and used primarily for raising or harvesting crops other than timber or for containing livestock or poultry. Nothing in this subparagraph shall be construed to affect or negate the terms of any lease agreement.     A wildlife control permit for feral hogs shall expire not less than five years from the issuing date; provided, however, that if the permittee is leasing the premises upon which the hunting is to occur, such permit shall expire automatically upon the termination of the lease. The department shall provide for the renewal of permits.     Nothing in this Code section shall be construed to authorize the taking of any species which is protected by the federal Endangered Species Act of 1973, Public Law 93-205, as amended, or under any state law or regulation which has as its purpose the protection of endangered or threatened species.     (Code 1981, §27-2-31, enacted by Ga. L. 2000, p. 418, § 1; Ga. L. 2001, p. 4, § 27; Ga. L. 2011, p. 468, § 1/HB 485; Ga. L. 2015, p. 1352, § 5/HB 475.)   Editor's notes.   - 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."   U.S. Code.   - The federal Endangered Species Act of 1973, referred to in this Code section, is codified at 16 U.S.C. § 1531 et seq.   Law reviews.   - For note on 2000 enactment of this Code section, see 17 Ga. St. U.L. Rev. 202 (2000).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting required.    - Offenses arising from a violation of O.C.G.A. § 27-2-31 are offenses for which fingerprinting is required. 2011 Op. Att'y Gen. No. 11-5.   RESEARCH REFERENCES   ALR.   - Construction and application of the consultation requirement under Section 7 of the Endangered Species Act, 16 U.S.C.A. § 1536(a) to (d), 1 A.L.R. Fed. 3d 4.   Construction and application of exceptions under § 10 of the Endangered Species Act of 1973, 16 U.S.C.A. § 1539, 2 A.L.R. Fed. 3d 2.   Construction and application of threatened species requirements under Sec. 4(a) and (b) of the Endangered Species Act of 1973, 16 U.S.C.A. § 1533(a) and (b), 6 A.L.R. Fed. 3d 2.   Construction and application of the cooperation with states requirement under Sec. 6 of the Endangered Species Act of 1973, 16 U.S.C.A. § 1535, 8 A.L.R. Fed. 3d 3.   Construction and application of prohibited acts under Sec. 9(a) of the Endangered Species Act of 1973, 16 U.S.C.A. § 1538(a), 9 A.L.R. Fed. 3d 3.