O.C.G.A.

O.C.G.A. § 27-1-33 (2019)

Noncompliance with laws while on fishing area, fish hatchery, natural area, or wildlife management area; hunting without wildlife management area license; acts constituting criminal trespass

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) It shall be unlawful to enter upon or to hunt, trap, or fish on any public fishing area, fish hatchery, or natural area, or wildlife management area owned or operated by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board including, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit. Further, it shall be unlawful for any person except those specifically excluded by law to hunt on a wildlife management area without a valid wildlife management area license as authorized by Code Section 27-2-23.

(b) Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing area, fish hatchery, or natural area or any game management area owned or operated by the department in violation of this Code section commits the offense of criminal trespass.

History

(Code 1933, § 45-213, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 16; Ga. L. 1982, p. 1729, § 4; Ga. L. 1987, p. 179, § 2; Ga. L. 1989, p. 1552, § 1; Ga. L. 1996, p. 980, § 2; Ga. L. 2001, p. 1013, § 4; Ga. L. 2015, p. 1352, § 4/HB 475.)

Annotations

Cross references. - Prohibition against certain acts at a park, historic site, or recreational area, § 12-3-10. Prohibition against hunting while intoxicated, § 27-3-7. Editor’s notes. - Ga. L. 1987, p. 179, § 6, not codified by the General Assembly, set forth the legislative intent of that Act. 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.’’

OPINIONS OF THE ATTORNEY GENERAL Fingerprinting required for violators. - Since O.C.G.A. § 27-1-33 could be violated in such a manner that it involved firearms or other dangerous weapons where fingerprinting would be mandatory

in order to promote consistency in the treatment of offenders, this offense shall be designated as an offense for which those charged with a violation are to be fingerprinted. 1989 Op. Att’y Gen. 89-52.

Notes of Decisions

Cited in 2 cases, 1999–2003 · leading case: Lee v. Dep't of Nat. Resources, 588 S.E.2d 260 (Ga. Ct. App. 2003).

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Lee v. Dep't of Nat. Resources, 588 S.E.2d 260 (Ga. Ct. App. 2003). · cites it 2× “However, it is apparent that the fees paid for the wildlife management area licenses in issue were paid for such licenses pursuant to OCGA §§ 27-1-33 and 27-2-23 (1), not for entry upon Ossabaw Island for a recreational purpose.”

Elzey v. State, 519 S.E.2d 751 (Ga. Ct. App. 1999). · cites it 2× “OCGA §§ 27-1-33 (a); 27-2-23 (9); Ga. Admin.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.