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2018 Georgia Code 27-4-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 27-4-30 Case Law from Google Scholar Amendments to OCGA 27-4-30

TITLE 27 GAME AND FISH

Section 4. Fish, 27-4-1 through 27-4-283.

ARTICLE 2 NONCOMMERCIAL FISHING

27-4-30. Fishing in private ponds.

The owner of a private pond, the owner's immediate family, or tenants with the owner's consent shall be permitted to fish within the bounds of the pond at any time and in any manner without a fishing license. All other persons shall be required to obtain fishing licenses to fish within the bounds of a private pond as provided in this title unless the fish in the private pond are "domestic fish" as defined in paragraph (23) of Code Section 27-1-2. For the purposes of this Code section, the term "private pond" shall not include ponds owned by city or county governments, the State of Georgia, the United States, or authorities or political subdivisions of such governments.

(Ga. L. 1931, p. 169, § 5; Code 1933, § 45-505; Ga. L. 1955, p. 483, § 82; Code 1933, § 45-703, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1992, p. 1507, § 3; Ga. L. 1994, p. 600, § 3; Ga. L. 2017, p. 27, § 14/HB 208.)

The 2017 amendment, effective July 1, 2017, inserted "immediate" near the beginning of the first sentence. See Editor's note for applicability.

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.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 675, § 7, are included in the annotations for this Code section.

License required for invitees of owner of private pond.

- While owner of private pond may fish therein without personally procuring license, and may take fish therefrom in any manner whatever, other residents of state over 16 years of age, even though fishing in such private pond as invitees of owner, would be required to obtain license. Vickers v. Jones, 200 Ga. 338, 37 S.E.2d 205 (1946) (decided under Ga. L. 1937, p. 675, § 7).

Cited in Maddox v. State, 252 Ga. 198, 312 S.E.2d 325 (1984).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, §§ 22, 47, 51.

C.J.S.

- 36A C.J.S., Fish, §§ 4, 5, 28.

ALR.

- Applicability of state fishing license laws or other public regulations to fishing in private lake or pond, 15 A.L.R.2d 754.

Rights of fishing, boating, bathing, or the like in inland lakes, 57 A.L.R.2d 569.

Cases Citing O.C.G.A. § 27-4-30

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Maddox v. State, 312 S.E.2d 325 (Ga. 1984).

Cited 3 times | Published | Supreme Court of Georgia | Feb 17, 1984 | 252 Ga. 198

...We note in the beginning that the challenged statute does not deprive the appellant of the right to take game fish from his own pond or to possess them, but only prohibits their purchase or sale. He may retain them for his own use, or he may allow members of his family and his tenants to do the same. OCGA § 27-4-30 (Code Ann....