GA Code § 27-3-9 (2021)
2021 Georgia Code|Title 27 - Game and Fish|Chapter 3 - Wildlife Generally|Article 1 - Hunting|Part 1 - General Provisions|§ 27-3-9. Unlawful Enticement of Game

  It shall be unlawful for any person to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, salts, apples, or other feeds or bait so as to constitute a lure or attraction or enticement for any game bird or game animal on or over any area where hunters are or will be hunting.     Except as otherwise provided by law or regulation, it shall be unlawful for any person to hunt any game bird or game animal upon, over, around, or near any place where any corn, wheat, or other grains, salts, apples, or other feed or bait has been placed, exposed, deposited, distributed, or scattered so as to constitute a lure, attraction, or enticement to such birds or animals. It shall also be unlawful to hunt any game animal or game bird upon, over, around, or near any such place for a period of ten days following the complete removal of all such feed or bait.   The prohibitions of paragraph (1) of this subsection shall not apply to the hunting of deer, other than on lands under the ownership or control and management of the state or federal government, if the hunter has written permission of the landowner to hunt upon, over, around, or near such feed or bait, except as otherwise provided by paragraph (3) of this subsection.     The board may by rule or regulation restrict the feeding, baiting, or hunting of deer upon, over, around, or near such feed or bait in any county wherein there is a documented occurrence of a communicable disease in deer and in any county adjoining such county. Such restriction may be imposed in such county and any adjoining county for a period of up to and including one year and may be extended for additional periods of up to and including two years each upon documentation that the communicable disease is still present in deer in such county. No person shall feed, bait, or hunt deer in violation of any restriction imposed pursuant to this paragraph.   The department shall give notice of such restriction by mail or electronic means to each person holding a current license to hunt whose last known address is within a restricted county. The department may place or designate the placement of signs and markers so as to give notice of such restriction.     Any person who takes any big game animal, other than deer, within 200 yards of any place where any corn, wheat, or other grains, salts, apples, or other feed or bait has been placed, exposed, deposited, distributed, or scattered so as to constitute a lure, attraction, or enticement for any game bird or game animal shall, upon conviction of thereof, be guilty of a misdemeanor of a high and aggravated nature and shall be punished as provided by Code Section 17-10-4.     When a game warden is aware or becomes aware that a clearly identifiable area of land or field is baited for doves in such a manner that hunting thereon would be a violation of paragraph (1) of subsection (b) of this Code section, it shall be the duty of the game warden to require the owner or other person having lawful possession or control of the baited area of land or field to remove such bait. The game warden shall require such owner or other person to erect on the area of land or field signs having printed thereon the words: "No Hunting, Baited Field." Such signs shall remain for ten days after bait is removed. The printing on such signs shall be clearly visible to a person with normal eyesight from a distance of at least 50 yards. A sufficient number of such signs shall be erected to provide reasonable notice to hunters that the field or area is baited for doves. If the game warden cannot locate the owner or other person having lawful possession or control of the area of land or field baited for doves, it shall be the duty of such game warden to erect such signs. The owner or other person having lawful possession or control of an area or field baited for doves who fails to comply with an order of a game warden requiring the removal of bait or the erection of signs, or both, as required by this subsection shall be guilty of a misdemeanor. When a game warden is aware that a clearly identifiable area of land or field is baited for doves in such a manner that hunting thereon would be a violation of paragraph (1) of subsection (b) of this Code section prior to any such violation, no charge may be brought against any person under paragraph (1) of subsection (b) of this Code section unless the provisions of this subsection have been followed. Nothing in this subsection shall be construed to preclude the owner or other person having lawful possession or control of a baited area or field from being charged with and convicted of a violation of subsection (a.1) of this Code section. Nothing in this subsection shall be construed to preclude a person's being charged with and convicted of a violation of paragraph (1) of subsection (b) of this Code section when such violation is on an area of land or field baited for doves which was not previously identified by a game warden as provided in this subsection prior to such violation.    (a.1)Nothing in subsection (a) of this Code section shall prohibit any person from placing, exposing, depositing, distributing, or scattering any corn, wheat, or other grains, salts, apples, or other feeds or bait so as to constitute a lure or attraction or enticement for deer on lands that are not under the ownership or control and management of the state or federal government; provided, however, that any such lure or attraction or enticement shall not be placed, exposed, deposited, distributed, or scattered so as to cause hunting any species of wildlife on any adjoining property to be prohibited under subsection (b) of this Code section.   (Ga. L. 1925, p. 302, § 6; Code 1933, § 45-317; Ga. L. 1955, p. 483, § 64; Ga. L. 1968, p. 497, § 18; Code 1933, § 45-508, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1989, p. 469, § 1; Ga. L. 2002, p. 1179, § 5; Ga. L. 2007, p. 47, § 27/SB 103; Ga. L. 2011, p. 249, § 1/HB 277; Ga. L. 2019, p. 808, §§ 4, 7/SB 72.)    The 2019 amendment,  effective July 1, 2019, deleted former subsection (a), which read: "As used in this Code section, the term:   "(1) 'Northern zone' means the northern zone for hunting deer with firearms as established pursuant to subsection (c) of Code Section 27-3-15.   "(2) 'Southern zone' means the southern zone for hunting deer with firearms as established pursuant to subsection (c) of Code Section 27-3-15.";   redesignated former subsections (a.1) and (a.2) as present subsections (a) and (a.1), respectively; in subsection (a.1), substituted "subsection (a)" for "subsection (a.1)" near the beginning and inserted "be placed, exposed, deposited, distributed, or scattered so as to" and "any species of wildlife" near the end; rewrote paragraph (b)(2), which formerly read: "The prohibitions of paragraph (1) of this subsection shall not apply to:   "(A) The hunting of deer in the northern zone, other than on lands under the ownership or control and management of the state or federal government, if the hunter is at least 200 yards away from and not within sight of such feed or bait; and   "(B) The hunting of deer in the southern zone, other than on lands under the ownership or control and management of the state or federal government, if the hunter has written permission of the landowner to hunt upon, over, around, or near such feed or bait, except as otherwise provided by paragraph (3) of this subsection."; and substituted "game warden" for "conservation ranger" throughout subsection (c).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1989, in subsection (c), "ten" was substituted for "10" in the third sentence, "(c)" was deleted following "this subsection" in the eighth sentence, and "person's" was substituted for "person" in the tenth sentence.   Law reviews.   - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 181 (2011). For article, "Game and Fish: Wildlife Generally," see 28 Ga. St. U.L. Rev. 181 (2011).   JUDICIAL DECISIONS   Due process satisfied.    - O.C.G.A. § 27-3-9, when read as a whole, gives sufficient notice of the acts it prohibits so as to comply with the requirements of due process. Price v. State, 253 Ga. 250, 319 S.E.2d 849 (1984).   Activities constituting "hunting."    - In a prosecution for hunting over a baited field, evidence was sufficient to show defendant was "hunting" where defendant's activities constituted placing, setting, drawing, or using a device to take wildlife, whether or not defendant was actually in the act of pursuing, shooting, killing, or taking deer at the time of apprehension. Redding v. State, 217 Ga. App. 529, 458 S.E.2d 168 (1995).   Evidence of violation.    - Private land under surveillance for illegal hunting was not a "private place" within the meaning of O.C.G.A. § 16-11-62, prohibiting the filming of activities of persons in a private place; thus, in a prosecution for hunting over bait, a videotape showing defendant in possession of a bow and arrows on a hunting stand in that area was admissible. Quintrell v. State, 231 Ga. App. 268, 499 S.E.2d 117 (1998).   Punishment for violation.    - Suspension of defendant's hunting and fishing "privileges" during the probation period imposed upon conviction of a violation of O.C.G.A. § 27-3-9 was not an abuse of discretion. Quintrell v. State, 231 Ga. App. 268, 499 S.E.2d 117 (1998).    State's compliance with O.C.G.A. § 27-3-9(c) was not a condition precedent to defendants' prosecution for hunting over a baited field as the legislature did not intend for the provision to apply to any game animal or bird, or the legislature would have so specified. Bennett v. State, 252 Ga. App. 451, 557 S.E.2d 29 (2001).   OPINIONS OF THE ATTORNEY GENERAL   Fingerprinting required for violating paragraph (b)(4).    - Offenses arising from a violation of paragraph (b)(4) of O.C.G.A. § 27-3-9 are offenses for which fingerprinting is required, while those offenses arising from a violation of subsection (c) are not offenses for which fingerprinting is required. 2011 Op. Att'y Gen. No. 11-5.   Fingerprinting not required for violating subsection (c).    - Offenses arising from a violation of subsection (c) of O.C.G.A. § 27-3-9 are not offenses for which fingerprinting is required. 2011 Op. Att'y Gen. No. 11-5.   RESEARCH REFERENCES   Am. Jur. 2d.   - 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 53.   C.J.S.   - 38 C.J.S., Game; Conservation and Preservation of Wildlife, §§ 55, 56.