G/1 6~7s . S/ Compilation of Georgia Laws and Regulations Pertaining To Game and Fish APRIL 1, 1962 STATE GAME AND FISH COMMISSION 401 State Capitol Atlanta, Georgia FULTON LOVELL Director Compiled and Edited by State Law Department EUGENE COOK Attorney General The laws and regulations as contained in this book are the present laws and regulations of this State as compiled by the State Law Department in collaboration with the State Game and Fish Commission. It is to be noted that the State Game and Fish Commission has the power of extending, shortening or abolishing seasons, changing bag limitations, and prescribing manner and means of pursuing, taking or killing any species of game or fish. Prior to hunting or fishing seasons it would be ad. visable to check on any new regulations which may have been adopted. Respectfully, FULTON LOVELL, Director, Game & Fish Commission EUGENE COOK The Attorney General Revised and recompiled by: G. HUGHEL HARRISON Assistant Attorney General iii Digitized by the Internet Archive in 2013 http://archive.org/details/compilationofgeoOOcook EDITORIAL NOTE Since codification of the laws of Georgia in 1933 there have been approximately fifty-two amendments to the Game and Fish laws, as codified in Title 45 of the Code. Many of these amendments completely ignored all previous laws relating to the particular subject in question, with the result that up to the date of passage of the Comprehensive Act of 1955 (S.B. 60; Ga. Laws 1955, p. 483), the provisions of the Game and Fish laws were fn utter confusion, hopeless conflict, and incomprehensible duplication. It is believed that the Comprehensive Act has remedied this difficulty. Section 1 of the Act states that it is "An exhaustive revision, supercession, and consolidation of laws relating to the State Game and Fish Commission and to game and fish." Section 118 enumerates, by specific citation, all previous laws and amendments which have been superseded, and paragraph 55 thereof declares that "the enumeration of certain acts as being repealed shall not be construed as excluding any not so expressly included, except as specifically provided hereafter . . . " Section 119 enumerates the acts which are not superseded. These acts are (1) the act governing boa t traffic on fresh waters (Ga. Laws 1952, p. 281), (2) the act declaring it a misdemeanor to operate a boat on any public waters while intoxicated, or in a dangerous manner (Ga. Laws 1953, Jan.-Feb. Sess., p. 55) and (3) the act exempting commercial fishermen licensed by the Game and Fish Commission from the food tax imposed on wholesale fish dealers (Ga. Laws 1953, Jan.F.eb. Sess., p. 521) . v CONTENTS Chapter !-Game and Fish Commission A. Constitutional Provisions .... B. Statutory Provisions C. Provision for Interstate Agreements D. Federal Acts Assented to by Georgia CHAPTER II-Licenses . A. General Provisions . B. Sport Licenses C. Scientific and Propagation Permits.. D. Commercial Licenses CHAPTER III-Transportation of Wildlife .. Page 1 1 1 9 17 19 19 20 22 22 31 CHAPTER IV-Hunting, Fishing and Trapping- General Provisions . 33 CHAPTER V-Trapping 40 CHAPTER VI-Pen-Haised QuaiL 42 CHAPTER VII-Fishing 46 A. General Provisions ..... ..... .... 46 B. Rough Fish Baskets 49 C. Shad-Use of Gill Net in Tidal or Salt Waters of Georg ia . .. .. ...... .. .. .. .. . .... ..... .............. 50 D. Fresh Water Commercial Fishing 51 CHAPTER VIII-Minnow and Live Fish Restocking Dealers 54 CHAPTER IX-Seafood 57 A . Shrimp-Prawn-Cr a bs 57 B. Oysters 62 C. Record of Shrimp, Oysters, Crabs and Fish Kept by Factories, Plants, etc. .. .. .. . 71 vii Page CHAPTER X-Boats . ....... ....... ....... ............. 73 A. Generally ................... .............. ............. ................... 73 B. Traffic-Fresh Water Regulations ............ .......... 73 C. Georgia Motorboat Numbering Act No. 567........ 74 CHAPTER XI-Miscellaneous Crimes Relating to Gaml.' and Fish A. Hunting on Sunday 81 81 B. Fishing on Sunday .. 81 C. La rceny of Oysters or Shells, Punishment.. 81 CHAPTER XU-Regulations ..... ....... ... ......................... 84 A. Rangers ...... .................... ............. .... ....... ................. 84 B. Definition of Game Animals, Birds and F ish.... 84 C. Hunting and Trapping RegulationsSeasons and Bag Limits for 1962-63 ........... 85 D. Regula t ions as to Granting Permits and Oper a ting Hunting Preserves ............ .... 91 E . Dog Training Permit .. .......... ... .. ......... .. ....... ......... 89 F. Regulations Prohibiting Hunting on Georgia Historical Commission Property .... 92 G. What Wildlife May Be Taken at Night ...... ...... 92 H . Wildlife Stor age P ermits ... ... .. .............................. 92 I. Fishing Regulations for 1962-63 ................. .... .... 93 J. Rules and Regulations of Shad Fishing....... ....... 94 K. Regulations Relating to the Sale of Game Fish f rom P r ivate Ponds................... 95 L. Commercial Fish ing Regulations .. .... ................ 97 M. Use of Seines, Prohibited When .. ......... .... 100 N. Disposition of Confiscat ed Wildlife ...................100 0. Rough F ish- Basket Regula tions .... ...........100 P . Seafood . ....... ............ ....................... ......... ...... 103 Q. Dredging Oyst ers in Chatham, Liberty and Bryan Counties ............ ........ .... ... ......... ..............104 R. Dredging Oyster s- Bond .................. ................... 104 S. Regulat ions Governing Butler and Champney Islands ...... ............. ...105 viii Page T. Trout Fishing Regulations and Schedule1962. Georgia Co-operative Fish and Game Management Areas, Georgia Game and Fish Commission and Chattahoochee National Forest Cooperating.............................105 CHAPTER XIII-Regulations Relative to Boating Safety, Motorboat Numbering and the Reporting of Motorboat Accidents ........................................ .....119 CHAPTER XIV-Reciprocal Agreements and Regulations Pertaining Thereto ....... 125 A. Reciprocal Agreement--South Carolina ...125 B. Reciprocal Agreement-North Carolina .......... ..129 C. Reciprocal Agreement-Alabama ....................... 129 D. Capture of Rough Fish by Bow and Arrow........134 ix INDEX A Page Accidents, Hunting; Report Boating; Report .. .. .. 90 .78, 123 Agents, Fur Dealers . 27 Agreements Alabama, Reciprocal .... ... .............................................129 Atlantic States Marine Fisheries Compact 11 Cooperative ............. ..... ..................................6, 9, Hl Interstate Authority of Commission 9 Contiguous waters, licenses ... .... ............ ... ... ....... . 10 Reciprocal licenses .... ... ... ....... .. 9 Jekyll Island State Park Authority ... ............. llG North Carolina, Reciprocal . .... 129 Reciprocal ..... 125 South Carolina, Reciprocal ... 125 Airplane, Hunting from Illegal ... . ......... 35 Alligators Hunter's License 26 Seasons and Bag Limits 88 Animals Game Animals Definition ....... ......... ...... ...... .............. 84 Shell Limit for Shotguns 85 Arrest See also "Penalties" Acceptance Cash Bond ......... ... Power of Wildlife Rangers Violation Boat Regulations . . ................ ...... 61 8 ...... .... ...69, 71 Atlantic State .Marine Fisheries Compact 11 Automobile, Hunting from Illegal 35 B Bag Limits, See "Seasons and Bag Limits Bait Commercial Salt Water Fishermen . Gl Fishing for in Salt Waters 61 Baiting of Lands Illegal . 36 X Page Bass, Season and Bag Limits 93 Batteries, Illegal to Fish with 46 Bear Seasons and Bag Limits 88 Taking in Lakes, Streams or Ponds Illegal 90 Beaver, Seasons and Bag Limits 90 Baskets, Traps, etc., Confiscation ........................ ....... 100 Birds Destruction of Nests of Non-Game Birds Illegal.. 38 Game Birds Definition 84 Shell Limit for Shotguns 85 Killing of Certain Birds Illegal 38 Blue Ridge Management Area, Fishing Regulations ... ... ... . ..... .. 93-106 Boat License, Salt Water Commercial Fishing 25 Boats Accident Reports ... .. ..73, 123 Application for Certificates of Numbers .......... ....... 122 Arrests and Boating .. ............ ..... .74, 75 Certificate of Number . ..... .122 Change of Address, Owner to Notify 76 Change of Ownership, Motorboat License Not T ransferable ....... . .... .. ... .. .. 75 Collisions, Accidents, and Casualties ...... .. 78, 123 Dealers and Manufacturers Certificates of Number ........................ ............. . .... .... ...... .122 Definitions (Motorboat Numbering Act) ..72-73 Display of Numbers ....... ........... 78 Duplicate Certificates of Number . . .. .. 114 Enforcement- Numbering Act a nd Regulations 79 Exemptions for Motorboat Registration 74, 75 Fees-Motorboat Registration . 76 Fishing, Commercial, Salt Water ....... .. 23 Hunting from Power Boat Illegal 35 Identification Tag-Salt Water Commercial Fishing 24 Liability for Injury or Damage ............ .. ..120 Licenses-Commercial Salt Water Fishing ........22, 23 Life Preservers, Requirement for . ... 112, 113 Lights on Power Boats at Night Lights on Non-Power Boats . .. 119 119 xi Page Numbering-Georgia Motorboat Numbering Act ... 74 Numbering Pattern ............. .............. ................. 113, 114 Penalty-Numbering Act and Regulations . 80, 116 Reckless or Intoxicated Operation, Penalty . 73 Record Book Kept on Commercial Fishers ............... 24 Regulations, Commission Authorized to Adopt 79 Renewal of Motorboat Registration ........................ 76 Salt Water Commercial Fishing Licenses .......... 22, 23 Traffic-Fresh Water .... .................. ...................... ...... 73 Traffic-Fresh and Salt Water ... ...................... .. ... 73 Traffic Regulation, Enforcement ...................... ........ 74 Transfer of Interest, Notice of .. ........... ............. 77, 78 Bond Acceptance cash bond, for violations........... ...... . Commercial Salt Water Fishing for Bait........... .. 61 Boundary Stakes, Oyster Beds; Interference with ..... 68 Brant, Seasons and Bag Limits ............. .... 93 Bream, Seasons and Bag Limits 93 Brook Trout, Seasons and Bag Limits 93 Drown Trout, Seasons and Bag Limits .... ........ 93 Butler and Champney Islands, Regulations Governing ..... ..... ... ................ ... ........ ........ .... .............105 c Camden County, Hours for Commercial Fishing .... .... 62 Canning Plants Oyster Duties ...... ..... .... .. ....... ....... . 67 H ealt h Department to Regula t e ........ .. 68 Records 69 Sanitary Requirements ................. ......................... 68 Shells, Distribution of . ..... ............ ...................... ... 67 Tax ... .............. ......... ............ ..... 69 Seafood, Records 69 Carp, Defined as Rough F ish ....... 99 Catfish Cat ching or Raising f or Bait ............................. ...... 56 Defined as Rough Fish . . ............. 99 xii Page Charts, Oyster ................................................................ 25 Chattahoochee Management Area, Fishing Regulations ........................ ....................... 108 Chattahoochee National Forest Area Fishing Permits ........ ....................... .................. .. ......110 Fishing Regulations ......... 111 Chestatee Management Area, Fishing Regulations .................. ...... .................................... ..109 Clams, See "Seafood" Coastal Fisheries, Supervisor; Appointment, Duties and Compensation ........... 5 Cohutta Management Area, Fishing Regulations .......110 Commercial Fisherman's Personal License ... 25 Commercial Fishing See also "Fishing, Commercial Fishing" Fresh Water .................. .. 51 Salt Water ...... .............. ........ .......... ............. 52 Commercial Quail Breeder License .............. 42 Commercial, Shrimping; Opening and Closing of Areas .... ...................... ................................ ......... 58 Commission, Stat e Ga me and Fish, See "Game and Fish Commission" Common Carriers Shipment of Pen-Raised Quail by 43 Transportation of Game Fish .... ................... 52 Transportation of Wildlife ......... ...................... 31 Condemnation Lands by Commission Oyster Beds 5 .......................................... 66 Confiscation Commercial Fishing Gear ...... .......... .... .. .... ...... 52 Furs and Hides .... .......... ................................ . 39 Minnows, Fish .... .. ............ ........ ............ .... ...... ........ .... .. . 54 Nets, Power Drawn .. ........................ ...... ................... 57 Traps .................................... .. ....... ....... ......... 40 Wildlife .... .. . .. . .. .................8, 100 xiii Constitutional Provisions, Game and Fish Commission Contiguous Waters, License Agreements -. Co~tributions, Atlantic State Marine Fish'eries Compact Cooperative Agreements, see "Agreements" Cooperative Management Areas, Fishing Regulations Coot, Seasons and Bag Limits . Crabs, see "Seafood" Crappie, Seasons and Bag Limits Page 1 10 11 .104 85 94 D Dams, Obstructive to Travel of Fish .. ........... ...... 8 Dealers Furs and Hides 27 Minnows and Live Fish ... . 54 Deer Hunting with Bow and Arrow 85 Hunting with Dogs . 34 Report of Killing 38 Seasons and Bag Limits 85 Taking in Lakes, Streams or Ponds Unlawful 82 Definitions of Terms .... .... . 82, 130 Destruction of Dens and Homes of Wildlife Illegal. 35 Director of Game and Fish Commission, see "Game and Fish Commission" Disposition of Confiscated Wildlife 100 Disposition of Fines 7 Dockery Lake Fishing Limited to Children Under 16 .106 xiv Page Dogs Hunting with Deer .... Foxes ... . Generally Training Turkey .......... .36, 88 36, 90 34 ...... 89 86 Report of When Caught in Trap ................. ............. 41 Training Permit 89 Wildlife Rangers to Kill When Illegally Pursuing Deer 35 Dove, Seasons and Bag Limits . 84 Ducks, Seasons and Bag Limits .... ................ . 84 E Eastern Pickerel, Seasons and Bag Limits 93 Educational Fund, Disposition of Fines 7 Eels, Defined as Rough Fish .. .. ....... .... .................102 Election for Taking Shrimp with Power Drawn Nets ........ .... ........... 57 Emergency Regulations .. ................6, 7 Emergency Trapping Permits 40 Estuaries and Salt Water Creeks, Hunting 37 Explosives, Fishing with Illegal . 49 F False Swearing, Penalty Application for Boat License, Salt Water ... 23 Application for Commercial Fisherman's License .. 25 Application for Hunting and Fishing License . 19 Federal Acts Assented to by Georgia . 17 XV Page Federal Lands in Georgia Regulations, Fishing ...... . ........... .......103 Rules and Regulations, Generally ..... ......................... 17 Fees Agents Selling Licenses ................... ... ...... ................ ... 19 Boat Licenses, Salt Water ...... ........................ .......... 23 Boat Identification Tags ... ... ................................... 24 Commercial Fisherman's License, Salt Water ........ 25 Commercial Fisherman's License, Fresh Water .... 51 Combination, Hunting and Fishing License (Sport) .................... ..................... .......................... . 20 Fishing Licenses (Sport) Non-Resident ................ ..... ............................... .. 20 Resident .. .......... .............. .... .... ....... .......... .......... ........ 20 Hunting Licenses (Sport) Non-Resident . .................. ... ......................... 20 Resident .. .. ............................ ........ .. .... ..... .......... .... .... 20 Oyster Leases ...... .......... .... .. .. ............ .. .......... ...... .... ...... 62 Oyster Tax ...... ..... ..... .... ........ ........... .......... .. ........ .... ...... 71 Rough Fish Baskets .................................................... 49 Scientific and Propagation Permits .................... ...... 22 Seining and Netting ................. ............................ ....... 21 Shad ...... ......... ..... ............................................................ 22 Trapping .............. ......... ...... ........... ...... ............................ 20 Firearms Fishing with Illegal .................................... 46 Hunting Accidents, Report ......................................... 90 Killing Mink or Otter with .......................................... 41 Permissible Calibers for Taking Deer .................... 85 Three Shell Limit for Shooting Game Animals and Birds .. .. ........ .. .. .. .. ........ ...... .... ...................... ... .... 87 Use of in Tidal Waters at Night Illegal ............... 49 W ildlife Ra ngers Authorized t o Carry ...... 8 F is h See also Specific Name and "Seafood" Barter, Sale or Purchase of Game Fish, Illegal ... 45 xvi Baskets ............... ....... Page .. 48, 101 Confiscation of .................... .... ... .. 56 Free Passageway for, Providing 8 Fresh Water, Method of Taking, Regulations ........112 Game Fish Bag Limits 93 Catch, Aggregate Limit of All Species ... 93 Definition ... 130 Private Ponds, Purchase and Sale from ....... .46, 95 Purchase or Sa le Illega l when 46 Shipment into State ....... .. .. ...... ................ 46 To be Released When Caught by Commercial Fishers ........ . 51 Game Fish to be Released When Caught Seining Fisherman . .... .100 T r ansportation ...... ...... ....... . 52 Obstruction to Free Travel Prohibited 8 Restoration Projects 17 Rough Fish Definition Taking by Basket s . 99 ... .48, 100 Fish Baskets Taking of Rough Fish with To Show Na me of Owne1 .. ...48, 100 .... .48, 101 Fish Baskets, Tra ps, Seines Confiscation Use of by Commission 46 .. 47 Fish Ladders, Erection 8 Fishing See a lso "Fish" Bag Limits B a s k e ts . Batteries, Generators, E xplosives Illegal 92 ... ... .49, 98 .... 45 xvii Page Boat Licenses, Salt Water 23 Blue Ridge Management Area, Regulations 107 By Persons Under 16 Encouraged .. 20, 105 Bow and Arrow for Capture of Rough Fish .. .... 128 Catch, Bag Limit of All Species . 92 Chattahoochee Ma nagement Area, Regulations ...... .. .... ........... ........... ... ...... ..103, 105, 108 Chattahoochee National Forest Area, Regulations Chestatee Management Area, Regulations .112 ... ...... .104 Cohutta Management Area, Regulations . 110 Commercia l Fishing Fresh Water Confiscation of Equipment 52 F orfeiture of License ... .......... .. 52 Game Fish to be Released ...... ... .. ............. 51 License .. .... ......... .......... 51 Penalties for Illegalities ..... ..... ..... ........ 53 Regulations, Generally Regulations, Seminole Lake ......... 112 Tr ansportation of Fish .. .... .. ................. 52 Use of Commercial Fishing Gear near Lock or Dam Prohibited .......... .. ..... 50 Use of Commercia l Fishing Gear near Salt Wat er Prohibited 50 Hours for in Certain Counties ...... 62 Record Books, Penalty f or Failure to Maintain 24 Salt Water See also "Seafood" Crabs Cat ching near Property of Another ... 57 P ossession of Female Spawning 57 Taking with Power Drawn Nets .... 60 Oyst ers Beds . . 62 Generally 60 Minimum Size GG Shrimp Cast Nets, Use 57 Generally 55 xviii Page Power Nets, Election to Use . 57 Taking for Bait ........... ......... . 61 Cooperative Management Areas . .... ..108 Definition ........................... .... .. 1 Explosives Prohibited ... .. ..... .. ... 45 Federal Lands, Regulations . ...105 Firearms, Use Illegal ......... 46 Fish Baskets Penalty for Illegal Use to Take Rough Fish .......... .. ... ..... ... ............ .. .... ... . ... 48, 100 Taking Rough Fish . 48 To Show Narne of Owner . 48 Game and Fish Management Areas, Regulations ....... .......... ...... ....... 105 General Provisions .. ............. 46 Gigging, Striking, Etc.; Illegal in Fresh Water.. 49 Island Game Preserves, Illegal ... . 48 Jones Creek Refuge, Regulations ... .107 Lands of Another Without Permission 46 Lake Burton Management Area, Regulations ... .109 Lake Russell Management Area .... ........ .110 Licenses See "Licenses" Illegal Without 21 Management Areas, Regulations ... .103 Penalty without License 21 Poisons, Use Prohibited 45 Private Ponds .. 45 Regulations Game and Fish Management Areas .. .. 108 1958-59, Generally ... . 91 Management Areas .... 108 Rough Fish Baskets ... ..... .... ..... . 4 8,100 Seasons and Creel Limits ...... 93 Spearing Rough Fish .... ........... 72 Seines, Prohibited When ..100 Shad, Regulations ... . 94 Sunday, Illegal on ........ 81 Three Mile Limit, License Authorizes Fishing In 21 Traps, Baskets, Seines; Use of Illegal . ... .......... .. 47 Fish Restoration Projects, Federal Act Assented to... . 17 Flood, Hunting Near Stream Illegal .. ............. .. .. . .... .. 38 xix Fox Hunting with Dogs Seasons and Bag Limits Page .34, 90 84, 85 Fresh fVater, Boat Traffic Regulations . 73 Fresh Water Commercial Fishing 49 Fur Dealers and Agents Licenses . 27 Furs, Confiscation and Disposition when Taken Illegally ..... .... ...... 39 Fyke Nets, Commercial Fishing . 99 G Gallinules, Seasons and Bag Limits 8 Game and Fish Commission Acquisition of Land, Authority 5 Administration 4 Agreements Alabama, Reciprocal ...... ...129 Contiguous Waters, Licenses .............. . 9, 10 Jekyll Island State Parks Authority . .... 116 North Carolina, Reciprocal .. ... ..129 Reciprocal .... . . .. .. .. 125 Reciprocal Licenses . ..... 9, 19 South Carolina, Reciprocal .... 125 Aircraft, Purchase of 9 Appointment . 1, 2, 3 A p propriations . 3, 7 Acquisition of Land 5 A g r eem ents with Other Stat es . 9, 10, 17 Aircraft, Purchase of 9 Designation of Seasons and Species for Tra pping 40 Cooperative ........6, 9, 16 E m ergen cy Regula tion s, t o Adopt . 6 Fish Baskets, Traps, Seines ; Use of . 47 Game Animals and F ish, to Designa te 6 Inspection of Wildlife 33 Bag a nd Cr eel Limits, Authority to Fix G Bond of l\le mbers 2 XX Page Chairman ...... Per Diem ... . Compensation and Per Diem of Members .. Constitutional Officers Information from ........ .......... Suspension .... ..... ... .... . Constitutional Provisions Creation ........... .. Definition of 3 3 3 1 1 1 1, 2 . 1, 2 Director Authority Leases, Game Management Areas 109 Bond .. ... ....... ....... 4 Compensation 4 Duties 4 Duties and Powers, Generally 5 Duties and Responsibilities Free Passa g eway for Fish, Duty to Provide ... ..8, 9 Prescribe Rules for Use of Fish Baskets 48 Emergency Regulations, Authority to Adopt.. 6 Employees, Appointment and Compensation .. . 5 Fishing Defined .... .... .. .... .... ... . .... ....... .... . 2 Funds... .... ..... .. ........ 3 Game Animals and Fish Authority to Designate . Designation ...... .. .... ....... .. Hunt or Hunting Defined ................ .. 6 ... ..132 2 Interstate Agreements, Power to Make .. .. 9, 17 Jekyll Island Authority, Agreement ..................... .116 Meetings ..... . .......... ................ 3 Members Bond 2 Oath. 2 Per Diem 3 Terms 2 Vacancies 3 Minnows and Live Fish Proclamation to Limit Shipment ... .. ..... ....... ...... .. .... ... ...... ... 54 Private Pond Defined . 2 Records 4 xxi Page Regulations Adoption, Power of .... Alabama Reciprocal Agreement 6 .... 129 Butler and Champney Islands .... . .......... 105 Cooperative Management Areas, Fishing .. 105 Dog Training Permit .... ... ......... . . 89 Enforcement, Power of Wildlife Rangers . 8 Federal Lands, Fishing . ... ... .. . .. .. .. 105 Fishing Blue Ridge Management Area . 107 Chattahoochee Management Area ..108 Chattahoochee National Forest Area ... . 110 Chestatee Management Ar ea ... ..109 Cohutta Management Area ................ .. 110 Commercial Fishing, Fresh Water ...... .. ........ . 97 Seminole Lake .... ........ ........... ... . ... ..112 Cooperative Management Areas ............... .... ....107 Federal Lands ...... ............. ... .............. ... .105 Fresh Water Fish, Methods of Taking . 112 Generally .......................... .. ..................... .. 91 Jones Creek Refuge ......................... .. ...... 107 Lake Burton Management Area .... ...... .. 109 Lake Russell Management Area . .....110 Management Areas ...... 105 Oysters, Season .... ............. .....................103 Pompano, Taking Outside Salt Waters ...........103 Rough Fish Baskets .. ............................. ......... .100 Seines, Prohibited When .......................... ....100 Shad ... .. ... ...... ............. ...... . ... .... .. ..... .. 94 Game Animals, Birds and Fish, Definition 84 Game Fish, Sale from Private Pond 95 Generally ..... ........ .... .... .. ..... .... .. ........ .. .. ...... .. ...... ..... .. 80 Hunting and Trapping, Generally .... ................ 81 Hunting Accident Report .. ....... ................... 90 Turkey in Mountain Counties 87 Jekyll Isla nd State Park ............... ... .. .... 116 Leases, Game Management Areas .............. ..........107 Management Areas Fishing .. .. .................. . 105 xxii Page Oysters Authority to Promulgate . 67 Dredging Off Chatham, Bryan and Liberty Counties Prohibited .. ... ......... . ...104 Penalty of Violation 7 Posting ...................... G Promulgation Procedure . . 6 Seminole Lake, Commercial Fishing . ..... ....112 South Carolina Reciprocal Agreement ...... ........ .125 Wildlife Disposition of When Confiscated Taking at Night ............... Wildlife Rangers, Employment, Bond Wildlife Storage Permits . .. .. .. ... ..100 92 83 91 Research Projects, Use of Traps, Nets, Seines and Chemicals in Fishing 47 Statutory Provisions 1 Supervisior of Coastal Fisheries Appointment, Duties and Compensation 5 Vacancies 3 Wildlife Defined ....... 1 Wildlife Rangers Appointment, Compensation and Equipment ....5, 8 Powers and Authority ..5, 8 Regulations ...... .................. ........... 84 Game and Fish Management Areas Fishing Regulations Game Animals Authority of Commission to Designate Designation Game Birds See also "Birds" Authority of Commission to Designate Designation .. ....105 G 80 6 80 Game Fish See also "Fish" Authority of Commission to Designate G xxiii Page Barter, Purchase, Sale ...... .. .... ........... 45 Designation ... ... .... ... .... .... .. ... ... ...... . 80 Permit to Sell from Private Ponds 45 Transportation . 45 Game, Migratory 90 Gar, Defined as Rough Fish .................... 98 Geese, Seasons and Bag Limits 89 Generators, Illegal to Fish With . 46 Gigs, Spears, Fishing in Tidal Waters at Night Illegal 49 Gill Nets Confiscation 52 Use in Taking Shad .......... ........................... . 50 Grizzard Shad, Defined as Rough Fish . 98 Grinnel Fish, Defined as Rough Fish 98 Grouse, Seasons and Bag Limits 87 Guns Fish, Killing with Illegal 46 Mink, Killing with ..... 40 Otter, Killing with .... .... .. ... . 40 Permissible Caliber for Taking Deer 85 Permissible Caliber for Taking Rabbits, Squirrels, Opossum and Raccoon . 86 Shell Limit When Hunting Game Animals and Birds 88 H Hares, See "Rabbits" Health Department Oyster Beds, Inspection and Condemnation ... 68 Oysters, Canning and Shipment, Regulations 70 Hides, See "Furs" Hiring Another to Kill or Capture Wildlife 24 Hunt, Definition 1 Hunting See also "Seasons and Bag Limits" Accidents, Report . 90 Alligator Hunter's License ......... ............ 26 Automobile, Airplane, Power Boat, Illegal from ... 35 Baiting Lands 36 Bear Illegal to Take in Lakes, Streams or Ponds . 88 Seasons and Bag Limits . 85 xxiv Page Dee1 Bow and Arrow ...... 85 Hunting with Dogs . .. 34, 89 Illegal to Take in Lakes, Streams or Ponds . 88 Definition 1 Dogs. 34, 41, 89 Flood, Hunting near Stream Illegal . 38 Foxes ....... .... .... ..... ........ .... ........ .. ... ..... ...... ...... ..34, 90 Intoxicated, Illegal 34 Land of Another without Permission, Illegal 36 Licenses-See "Licenses" Minors Not Required to Have Licenses, When 20 Mistake Not Excuse for Law Violation . 33 Night, Hunting at . .... 37, 92 Penalty without License 20 Permissible Caliber of Guns for Rabbits, Squirrels, Opossum and Raccoon 87 Preserves 27 Public Highway, Illegal on 35 Rabbits ...... ..... .... 36, 87 Regulations, Generally 84 Salt Water Creeks and Estuaries 37 Seasons and Bag Limits 84 Shell Limit for Game Animals and Birds . 86 Shells Caliber for Deer . . ... ... ....... ................... ...... 85 Caliber for Rabbits, Squirrels, Opossum and Raccoon ... ... .. .. .... .. 87 Sunday, Illegal on ... ......... .......... ...... ... ... ..... 81 Hunting Preserves, License to Operate 27 Identification Tag, Commercial Fishing Boats 24 Ignorance of Fact, Not Excuse for Violation of Law .. 33 lns!Jection Traps, Each 36 Hours 41 Wildlife, Count of 33 Interstate Agreements, See "Agreements" Intoxicated Condition Boats, Operation While Illegal Hunting While Illegal 73 . .. ..... .... 34, 91 Invoice, Attachment to Shipment of Pen-Ra ised Quail .. . ... . . . . .... 43 Island Game Preserves, Fishing on Illegal 48 J Jack, Seasons and Bag Limits . 94 XXV Page Jekyll Island Agreement, Jekyll Island State Park Authority... 116 Regulations Governing ...... .......... .. ....................116 K Kentucky Bass, Seasons and Bag Limits . 93 L Lake Russell Management Area, Fishing Regulations .... .......................... ........ .....................110 Lands Acquisition by Commission .......... ............... .. ............ 5 B~ting .................. . ......... ............ . ........... ... 36 Hunting on Anothers Without Permission 36 Trapping on Anothers Without Permission 39 Large-Mouth Black Bass, Seasons and Bag Limit ....... 93 Leases Game Management Areas ............................ .. Oyster Beds ...................... ........ ... ............ .... . ..6, 114 . .... 62 Licenses Agreement with Adjoining States ............................ 9 Alligator Hunter's License ......... .. ............................ 26 Application for Boat Licenses, Salt Water .. ......... ........................... 23 Commetcial Fisherman's Personal License 25 Hunting, Fishing and Trapping Licenses ....... 20 Hunting Preserves, Operation .................... 27 Boat, Salt Water...... .... .... . .. ........... .... 23 Butler and Champney Isla nds, Tresspassing permits .............. ...................... .....105 Combination Hunting and Fishing Licenses . 20 Commercial Fisherman's Personal License . .... 25 Commercial Fishing Fresh Water . 51 Effective Date ......... ......... 51 Non-Resident ............... ............. .................. 51 Resident ............... ........... .... .. ............... ...................... 51 Forfeiture ........................ .. ........................ ................. 52 Nets and Seines, Use ....... ............................... ... ....... 51 Seminole Lake ......... ..... ................... ...... ........112 Commercial Licenses ....... ... .... ...... ........... 22 Alligat or Hunter's License ............................... . 26 Boat Licenses, Salt W a ter 23 Commer cial F isherman's P ersonal License . 25 Hunt ing P reserves, Oper ation of .. ....................... 27 Identification Tags for Boats .... ............ ........ 24 Minnow and Live Fish Dealer s....................... 54 Oyster Gatherer's P ermit .... ... .............................. 25 Quail Breeder's Permit . ................... ......... 43 xxvi Page Sh=!d ............. ............. ....... ................ ................ . .... 22 Contiguous Waters ... ................ .. . ................ ........ 10 Effective Date, Sport Licenses ............................. ...... 21 False Statement in Application for .................. . 19, 23 Fish Baskets, Permit to Use ........ .. .. ....... ........... .. .. . 50 Fishing Commercial Fishing, See Commercial Fishing, this Heading Honorary .... ..... ........... .. .. .. ....................... . 21 Minors not Required to Have, When ............ 20 Non-Resident . . ............. 20 Resident ......... 20 Sale of .... ......... 19 Scope, Fresh and Salt Water 21 Fishing Permit, Chattahoochee Na tiona l Forest Area .... ............................ . .110 Fur Dealers and Agents Licenses ............ ........ 26 Game Fish, Permit to Sell .......... ............... ..... 45 General Provisions .. .. 19 H onorary ......... .................. .... ........ ..... ...... .. ...... .... ..... . 21 Hunting (Alligators) ......... ................... ........... ...... 26 Hunting Honorary ..... ..... .. ... ........... ................................. ...... ... 21 Non-Resident ........ .................................... .. .............. .. 20 Resident ...... ................ .......... .............. ....... ....... .......... 20 Sale of ...... ............................................ ................ ...... 19 Hunting Preserves, Operation of .... ................... 27 Minors Not Required to Have, When ........................ 20 Minnow and Live Fish Dealers .. .......... .......... 54 Nets and Seines, F resh Water Commercial Fishing .. ................... 51 Oyster Dredging Permit ...... .... .. ...........................67, 104 Oyster Gatherer's Permit ....... ... .. ................... 25 Pen-Raised Quail .............. ......... ....................... ............ 42 Quail Breeder's Permit .................... .... .... ..... 42 Reciprocal ........ .......... .. .... .................. .......... ... 9 Rough Fish P ermits 49 Sa le of Game F ish f r om Privat e P ond ..... ....... ..... .... 46 Sale of Hunting, F ishing and Trapping Licenses.... 19 Scientific and Propagation Permits .................... ...... 22 Seining and Netting ............ ..... 20 Shad.... ............ ........... . ...... ........... .. ......... 22 Spear Fishing .... .. ......... .. ........... ........................ . 49 Sport Licenses Combinat ion, H unting and F ishin g .................. .... 20 Effective Date . .. ... ....................................... ........ 21 Fees Non-Resident 20 Resident 20 xxvii Page Honorary 21 Non-Resident 20 Resident 20 Scope .. ......... . 21 Seining and Netting .............. .. 21 Transportation Permits . .. 31, 46 Trapping Emergency Permits 39 Non-Resident ..... ........ ................................. 20 Resident 20 Sale of. ..... ......... ..... 19 Wildlife Purchased Out of State, Permit to Possess ... . ..... .. .... .... .... .. ... ........ .. . 34 Wildlife Storage Permits ..... . 37, 91 Lights, Power Boats at Night . . . ... ... .. .. ........ .. . 73 Lower Blue Ridge Management Area See "Jones Creek Refuge" M Management Areas Fishing Regulations Leases .. 105 ....... 114 Maximum Catch, All Species of Fish .... 94 Migratory Game Regulations Seasons and Bag Limit Shell Limit 84 .... ... 84 ..... ................. .. 84 Mink Killing with Firearms ... 41 Seasons and Bag Limit . 84 Trapping 84 Minnow and Live Fish Dealers 54 Definitions 54 Catching Minnows without Dealer's License 54 Catfish, Raising or Catching for Bait 56 Confiscation of Minnows Illegally possessed 56 Exemption from License 56 Import Wholesale Dealer .... 54 Licenses 55 Nets, Size for Catching Minnows . 54 Non-Resident Dealers ........ .. ....... .. 51 Penalties 53 Retail Dealer . 54 Minnow and Lh-e Fish Dealers Shipments into State to Resident Dealers 55 Shipments into State, License Required 55 Shipments, Proclamation of Commission Limiting Authorized 55 xxviii Motor Vehicles, Hunting from Illegal Mud Fish, Defined as Rough Fish Muskelunge, Seasons and Bag Limits Muskrat, Seasons and Bag Limits .. Trapping ............. .. ....... . Page ......... . 35 ....... 102 94 90 90 N Agreement with U.S. Government. 18 Fishing Regulations 105 Nests and Eggs, Destruction of .. 38 Nets and Seines Definit ion for Use in Commercial Fishing 97 Fresh Water Commercial Fishing, Use . 51 License to Use . ... 51 Night Fishing 62 Night Hunting 37 Non-Game Birds Killing. Reg ulations 38 ........ .5, 38 Non-Resident Sport Licenses 20 See also "Licenses" 0 Operation of Hunting Preserve License Opossum Maximum Size Shell When Hunting Seasons and Bag Limits Trapping. Ordinary, Filling Regulation in Office of Otter Killing with Firearms Seasons a nd Bag Limits . Oyster Dredging Permit Oyster Gatherer's Permit .. Oyster Shells Canning Plants to Distribute Stealing, Illegal Oyster Tax Oysters, See "Seafood" Otter, Illegal Killing with Firearms ... 27 84 84 84 7 41 84 . . ...67, 104 25 69 72 71 41 xxix Page Oysters Dredging without Permit ............................. ...... 67 Gathering from Polluted Areas ......... ..... ..... ........ 25 Gathering without Permit ......... ............... ............. 26 Larceny of Shells ..... . .. . ..... . 68 Pen-Raised Quail, Violation of Act ........................ 43 Rabbits Exceeding Bag Limit on . ... .. . ..... . ...... ......... ... 36 Hunting Out of Season .. ............ .............. .............. 36 Scientific and Propagation Permits, Violation Provisions ........... ... ... .... .... ....... 22 Shad Illegal Sale, Taking for ....... ..... ..... ............ 22 Unlawful Taking....... .......... .......... . 22 Shrimp Fishing for Bait in Tidal Rivers, Tidal Streams and Tidal Creeks of Certain Counties ...... 61 Shrimp Taking for Bait, Violation ................. . 61 Taking or Possessing Bait for Human Consumption .... .. .... ......... ... .. ... 61 Snares, Pitfalls, Etc., Use of ............... ..................... 35 Trapping Illegally .... ....... ....... ........................... ... 40 Trapping without License Non-Resident ................. ... ................................... 20 Resident . 20 Wildlife Destruction of Dens and Home of .................. ..... 35 Hunting at Night Illegally ............ ................. 37 Illegal Possession ...... .......... 33 Possession of Wildlife Purchased Out of State without Permit . ................................... ..... 34 Purchase or Sale .... ... ..... ...... .. .. ...... ... .. ... .... .... ... .. 33 Refusal to Allow Inspection of ..... .. ...... ... .. . .. .. 33 Storage of without Permit ....... ................ .. ......... 38 Transportation Violation .... ..... .. ..................... 31 p Passageway for F ish, Commission to Provide 8 Penalties Alligators, Violating Hunting Provisions . . 26 Baiting of Lands .... .... .. .......... ...... . .. .. ...... ... .. 36 Boats, Reckless or Intoxicated Operation .. 73 Boa t s Salt Wa t er, Not P roperly Licensed .... .... 23 Viola tion of Tr affic Reg ula tions ............. ... ..... 74 Commercial Fishing Boat Identification Tag , F ailure to Have . 24 Boat Licenses, Failure to Obtain 23 Commercial Fisherman's Personal License 25 XXX Page I!Ortation of Wildlife by Common Carrier . . . 31 Transportation of Wildlife by Person Holding Scientific Permit 32 Transportation of Wildlife by Person Killing or Taking 31 Transportation of Wildlife Permit .. ... 31, 32 Thall be filled by a qualified person appointed by the Governor for the unexpired term, subject to confirma tion hy the Senate, and any appointment, whether fol a full term or to fill a vacancy, made when the Senate is not in session, shall be effective until the same is acted upon by the Senate. (Ga. Laws 1955, pp. 483, 485; Code Ann., 45-106.) 6. CHAIRMAN; PER DIEM; MEETINGS. Immediately after appointment, taking the oath of office and qualification, the members of the Commission shall meet at any convenient and designated place within the State Qf Georgia and elect a chairman, and thereafter the Commission shall elect a chairman annually. The members of the Commission, including the chairman, shall each receive $20.00 for each day of actual attendance of meetings of the Commission at such designated places, and actual cost of transportation to and from the place clmeeting and their respective homes by the nearest practical route not to exceed .06 per mile. The members of the Commission, includmg the chairman shall receive while on committee assignment $20.00 for each day of actual service and actual cost of transportation to and from the place of service and their respective homes by the nearest practical route, not to exceed six cents per mile, provided, however, that the total per diem compensation paid in any year to any member of the Commission shall not exceed $900.00. Such per diem and travel expense shall be paid from funds of the Commission. The Commission shall meet at such times and at such designated places in this State as it may determine and it may convene in called session upon call by the chairman or by a majority of the members of the Commission. (Ga. Laws 1955, pp. 483, 485; Code Ann., 107.) 7. FUNDS; APPROPRIATIONS. All funds resulting from the operation of the State Game and Fish Commission and from the administration of the laws and regulations pertaining to wildlife and to the State Game and Fish Commission, excluding fines, but including all license fees and other income, shall be paid into the General Fund of the State Treasury~ch l~ a_!; least such amount shall be appropriated .Jo the Q~e and Fish Commission. (Ga. Laws 1955, pp. 483, 486; Code Ann.,"145-I08. j NOTE: Section 6 of HB 219, Act No. 62, enacted a\ the 1955 Session (Ga. L aws 1955, p. 158) and approved by the Governor prior to passage of SB 60, was expressly superseded by Section 7 above. 8. APPROPRIATIONS TRANSFERRED. All appropriations heretofore made to the State Game and Fish 3 Commission for carrying out the provisions of an Act approved February 8, 1943 (Ga. Laws 1943, p. 128), as amended, particularly as amended by an Act approved March 9, 1945 (Ga. Laws 1945, p. 404), and now unused by said Commission are hereby transferred to the State Game and Fish Commission created under this Act. (Ga. Laws 1955, pp. 483, 486; Code Ann., 45-109.) 9. ADMINISTRATION; RULES; RECORDS. The Commission shall have power to adopt all rules, regulations and methods of administration necessary for the efficient operation of the Commission as herein created and established, but the Commission shall do the following: (a) Keep a public record, correctly disclosing all moneys received and expended by them and all such other information as may be necessary or proper in the conduct of the affairs and business of the Commission. The books ~nd accounts of the Commission shall be audited in the same way as other books and accounts of the other departments of the State are audited. (b) Keep records of all their meetings and doings in a minute book provided for such purpose, keeping said records in the office at the State Capitol and making them available for public inspection like the other records of this State. (c) Have and keep a seal of office which shall be used to authenticate all papers and documents issues and executed by them. (Ga. Laws 1955, pp. 483, 487; Code Ann., 45-110.) 10. DIRECTOR; SALARY; BOND. The State Game and Fish Commission at its first meeting shall appoint a Director, who shall be the executive secretary and administrative officer of the Commission, and have such other powers and duties as may be prescribed by the Commission and by this Act, for all of which duties combined he shall receive a salary to be fixed by the Commission from time to time which in no event shall exceed $8,600.00 per annum, including any contingent expense allowance, payable monthly, and traveling expenses necessary in the performance of his duties. The Director shall devote l,.is full time to the duties of his office and shall lrave ~uch powers and shall -perform such duties as may be assigned to and required of him by the Commission. He shall take oath of office and give bond in the sum of $10,000.00 in the usual form required by State officials. Such Director shall have offices at the State Capitol, which shall also be the office of the Commission. The Director shall hold office at the pleasure of the Commission. No member of the Commission during his tenure of office or within two years thereafter shall be eligible 4 -, )wW~/~~upl em1a~ment for appointment as Director or for any .mder the Commission or the Director. (Ga. Laws 1955, pp. 483, 487; Code Ann., 45-111.) 11. SUPERVISOR OF COASTAL FISHERIES. ..TJle Commission shall appoint a supervisor of Coastal Fish"tries, who shall receive a salary to be fixed by tha Commission from time to time, and who shall serve at the pleasure of the Commission. He shall devote hls full time to his official duties, and shall take oath and give bond in the sum of $10,000.00 in the usual form required of State officials. The Supervisor of Coastal Fisheries shall perform such services in connection with the development and protection of fish, shell fish and crustaceans, and such other duties as may be assigned to him by the Commission and Director. (Ga. Laws 1955, pp. 483, 488, Code Ann., 45-112.) 12. WILDLIFE RANGERS ; OTHER EMPLOYEES. (a) The Commission shall appoint and fix the salaries of such assistants and employees, including a uniformed division to be known as Wildlife Rangers, of such number as may be necessary to carry out the duties assigned to them by the Commission and Director, within funds available to and appropriated therefor, all of whom shall serve at the pleasure of the Commission. The Commission shall not appoint any persons or assistants, or .employees including Wildlife Rangers, related by blood in a degree closer than third cousins to the members of the Commission or to the Director. (b) The State Game and Fish Commission is hereby authorized to purchase, as other State purchases are made, all necessary uniforms to equip the Wildlife Rangers as a uniform division and to pay for said uniforms from any 1unds made available to the State Game and Fish Commission for the operation of the Department. (c) The Game and Fish Commission is authorized t~ pay to each Wildlife Ranger the expenses incurred by the Ranger in the performance of his duties. (Ga. Laws 1956, p. 349. As amended Ga. Laws, 1960, p. 228, Code Ann. 45-113.) 13. DUTIES AND POWERS OF COMMISSION; GENERALLY. The Commission is hereby directed and authorized to perform the following duties and functions: 1. Acquire by purchase, condemnation, lease, agreement, gift or devise, lands or waters suitable for the purposes herein enuemerated, and develop, operate and maintain the same for the following purposes: (a) For fish hatcheries, nursery ponds, or game farms, sanctuaries, reservations and refuges: 5 (b) Lands or waters suitable for wildlife restoration, propagation, protection or management: (c) For public hunting, fishing or trapping areas, to provide places where the public may hunt, trap or fish in accordance with the provisions of law or the rules and regulations of the Commission. 2. To fix bag and creel limits and to fix open and closed seasons for all wildlife on a statewide, regional, or local basis, as they may find to be appropriate, except as otherwise provided by law. 3. To regulate the manner, method, ways, means and devices of killing, taking, capturing, transporting, storing, selling, using, and consuming wildlife, except as otherwise provided by law. 4. To capture, propagate, transport, buy, sell or exchange any species of wildlife needed for propagation or stocking purposes, to exercise control measures of undesirable species. 5. To designate by the promulgation of rules and regulations the wildlife that shall be called game animals, furbearing animals, game birds, game fowl and game fish. 6. To promulgate rules and regula-tions for purposes herein set out. 7. To prohibit anyone from entering or being on any State Game refuge while under the influence of drugs, intoxicating liquors, beers, wines or other beverages. 8. To designate, if any, what non-game birds, their nest and eggs can be taken, captur.ed, killed or possessed at any time. 9. To enter into cooperative agreements with educational institutions and State and F ederal and other agencies to promote wildlife management and conservation. (Ga. Laws 1955, pp. 483, 489; Code Ann., 45-114.) 14. RULES AND REGULATIONS a. Posting-Promulgation. All rules and regulations promulgated by the State Game and Fish Commission shall have the force and effect of law upon complying with the following procedures: (1) The Commission shall post at the courthouse door of the county or counties that will be affect ed, a complete copy of such rules or regulation certified by the chairman of the Commission, and shall file, an additional certified copy thereof in the office of the ordinary of the county or counties affected, at least 30 days before the effective date of such rules or regulation. (2) The Commission may issue by proclamatioi., rules and regulations to protect wildlife in areas where 6 there are forest fires, floods, or other emergency situadons without the necessity of posting such regulations in the county or counties affected or filing copy of same in the 'lffi;:e of the ordinary. The rules and regulations shall have the force and effect of law upon proclamation by the Commission, and such proclamation shall show the date and hour of proclamation. (3) When rules and regulations are passed under the authority of the State Game and Fish Commission, they shall be admitted in evidence in any court in this State upon certificate under seal of the Clerk of the Court of Ordinary in the County where said court is sitting, that such is a copy of the rules and regulations of the State Game and Fish Commission, certified by the chairman of the Commission, on file in the Court of Ordinary in said county or as issued by proclamation by the Commission. Said certificate shall show the date of filing of said rules and regulations in the Court of Ordinary and the date of posting said rules and regulations at the courthouse door of said county or the date and hour of proclamation, and said certificate shall be proof of such facts. Provided, however, a cerificate from the Director or Chairman of the Commission shall be sufficient as evidence of emergency rules and regulations herein provided for. (Ga. Laws 1955, pp. 483, 490; Code Ann., 45-115.) b. Penalty for Violation. Any person or corporation who shall violate any of the rules or regulations promulgated by the Commission shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law. (Ga. Laws 1955, pp. 483, 491; Code Ann., 45-116.) 15. DISPOSITION OF FINES. No Wildlife Ranger or other .employee of the Game and Fish Department shall receive any portion of fines or forfeitures imposed by the courts for violations of the wildlife laws. The proceeds from all fines and forfeitures arising from the violation of the wildlife laws, rules and regulations shall be used, except a s otherwise provided h erein, first, to pay the proper officers of the trial court as prescribed by law. The money remaining after said officers have been compensated shall be remitted promptly by the clerk of the court in which the case is disposed of to the County Treasurer of the county in which said fine is assessed, who shall deposit said funds in the General Fund of the county, but to be allocated to the said county school board for school purposes. The clerk of the court in which each case is disposed shall promptly make a written report to the Director of Game and Fish, showing the disposition of each case; and for making each report he shall be entitled to an additional fee of $1.00 in each case, to be added to the 7 cost allowed by law against the defendant, to be retained by said clerk as his special compensation for making such report. (Ga. Laws 1955, pp. 483, 491; Code Ann., 45-117.) 16. WILDLIFE RANGERS; POWERS. The Wildlife Rangers of this State shall have the power: (a) To enforce all laws, rules and regulations per taining to wildlife and as otherwise provided. (b) To execute all warrants and search warrants for the violation of the laws, rules and regulations pertaining to wildlife. (c) To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws, rules and regulations pertaining to wildlife. (d) To arrest without warrant any person found violating any of the laws, rules and regulations pertaining to wlidlife, or to hunting, fishing, or boating. (e) To seize and take possession of all wildlife or parts thereof, taken, caught, killed, captured or in possession, or under control, or which have been shipped or are about to be shipped at any time in any manner or for any purpose contrary to the laws, rules and regulations pertaining to wildlife. Seizures made under this section shall be donated to some charitable institution in this State, provided that such wildlife so seized shall be liberated when alive and substantially uninjured. (f) To go upon any property outside of buildings, posted or otherwise, in the performance of their duties. (g) To carry firearms while performing duties pertaining to wildlife. (Ga. Laws 1955, pp. 483, 491 ; Code Ann., 45-118.) 17. COMMISSION TO PROVIDE FREE PASSAGEWAY FOR FISH. The State Game and Fish Commis sion is authorized to provide for the free passage o:l fish in the fresh water streams of Georgia for the purpose of spawning and propagating, and to erect or cause to be erected fish-ladders or other passageways whereby fish may pass over any dam or other obstruction placed in the fresh water streams of Georgia, by any firm, person or corporation. (a) It shall be the duty of the State Game and Fish Commission to give written notice to any person, firm, or corporation, owning, leasing, or constructing any dam or other obstruction whereby the free passageway of fish is restricted in the fresh water stream of this State to provide a suitable fish-ladder or passageway over any dam or other obstruction, and that such person, firm or corporation shall within 60 days after the receipt of such notice provide at its own expense 8 such fish-ladder or other suitable passageway for the purpose of allowing fish in such fresh water to freely pass over such dam or other obstruction. (b) Should any person, firm or corporation owning, leasing or constructing any dam or other obstruction in the fresh water streams of this State, fail and refuse to provide such fish-ladder or other passageway after receiving the notice, as herein required, the State Game and Fish Commission is hereby authorized to build or erect such fish-ladder or other passageway over such dam or obstruction, and the cost of the same shall be assessed by the State Game and Fish Commission against the person, firm or corporation, owning, leasing or constructing such dam or obstruction. (c) The State Game and Fish Commission is hereby authorized to issue an execution as at common law against such person, firm or corporation for the actual expense incurred in connection of such fish-ladder or other passageway, which shall be collected by levy and sale by the sheriffs or other lawful officers of this State from such person, firm or corporation, owning, leasing or constructing such dam or obstruction, as fi. fas. or executions are called at law. (Ga. Laws 1955, pp. 483, 492, as amended, Ga. Laws 1956, pp. 590, 594; Code Ann., 45-119. 18. VEHICLES AND AIRCRAFT. To facilitate the inspection and patrolling of the Wildlife Resources of this State, and to assist in the better enforcement of the laws, rules and regulations relating to wildlife, the Game and Fish Commission is hereby authorized and empowered to purchase, through the State Purchasing Department, as other purchases are made, a ircraft and other necessary equipment to be used for such patrolling and inspection. "Any other provision of law to the contrary notwith.standing, the Game and Fish Commission is hereby authorized and empowered to purchase, through the State Purchasing Department, as other purchases are made, passenger carrying vehicles, and such purchases shall not fall within the restriction.s relating to the purchase, use and furnishing of automobiles as provided in Code Chapter 40-20, as amended." (Ga. Laws 1955, pp. 483, 493, a,s amended, Ga. Laws 1956, pp. 590, 602 ; Ga. Laws 1961 p. 564 Code Ann., 45-120.) C-PROVISION FOR INTERSTATE AGREEMENTS: 1. RECIPROCAL LICENSES. The State Game and Fish Commission is hereby authorized and empower.ed to make and enter into agreements, from time to time, with the proper authorities of the States of Ala- 9 bama, Florida South Carolina, North Carolina and Tennessee, whereby a citizen of the State oi Georgia who owns farm lands in the said adjoining states may purchase a resident hunting license in the State in which his land is situated which will permit said Georgia citizen to hunt on his own land in the adjoining State without purchasing an out-of-state hunting licnse. The State Game and Fish Commission is hereby authorized and empowered to reciprocate this courtesy and issue a resident hunting license in Georgia to citizens of said adjoining states who own farm lands in Georgia permitting such citizen to hunt on their own land in Georgia without purchasing an out-of-state hunting license. (Ga. Laws 1955, pp. 483, 494; Code Ann., 45-121.) 2. CONTIGUOUS WATERS. The State Game and Fish Commission is hereby authorized and empowered to make and enter into agreements, from time to time, with the proper authorities of the States of Alabama, Florida, North Carolina, South Carolina and Tennessee, whereby a valid fishing license issued by the State of Georgia will be accepted and honored, as and in lieu of a fishing license for the respective states so agr.eeing, for fishing on the banks and in the waters of lakes, rivers and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of both the State of Georgia and the adjoining state, and valid licenses issued by the respective states so agreeing shall be accepted and honored, as and in lieu of a Georgia fishing license, for fishing upon said lakes, rivers and streams. (a) The purpose of this section is to authorize the State Game and Fish Commission to enter into such agreements with all States bordering on the State of Georgia, but it is not intended that the benefits of such agreements should extend to licenses of all bordering states on all lakes, rivers and streams lying upon the borders of Georgia, but are to apply separately to those lakes, rivers and streams lying between the State of Georgia and each respective state so agreeing. (Ga. Laws 1955, pp. 483, 494; Code Ann., 45-122.) 3. ATLANTIC STATES MARINE FISHERIES COMPACT. Atlantic States Marine Fisheries Compact. The Governor of this State is her.eby authorized and directed to execute a compact on behalf of the State of Georgia with any one or more of the states of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina and Florida, and with such other states as may enter into the compact, legally joining therein the form substantially as follows: 10 ATLANTIC STATES MARINE FISHERIES COMPACT The contracting states solemnly agree: Article I The purpose of this compact is to promote the better utilization of the fisheries, marine, shell and anadromous, of the Atlantic seaboard by the development of a joint program for the promotion and protection of such fisheries, and by the prevention of the physical waste of the fisheries from any cause. It is not the purpose of this compact to authorize the states joining herein to limit the production of fish or fish products for the purpose of establishing or fixing the price thereof, or creating and perpetuating monopoly. Article II This agreement shall become operative immediately as to those states executing it whenever any two or more of the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Ca1'olina, Georgia and Florida have executed it in the form that is in accordance with the laws of the executing state and the Congress has given its consent. Any state contiguous with any of the aforementioned states and riparian upon waters frequented by anadromous fish, flowing into waters under the jurisdiction of any of the aforementioned states, may become a party hereto as hereinafter provided. Article III Each State joining herein shall appoint three representatives to a Commission hereby constituted and designated as the Atlantic States Marine Fisheries Commission. One shall be the executive officer of the administrative agency of such state charged with the conservation of the fisheries resources to which this compact pertains or, if there be more than one officer or agency, the official of that state named by the governor thereof. The second shall he a member of the legislature of such state designated by the Commission or Committee on Interstate Cooperation of such State, or if there be none, or if said Commission on Interstate Cooperation cannot constitutionally designate the said member, such legislator shall be designated by the Governor thereof; provided, that if it is constitutionally impossible to appoint a legislator as a commissioner from such state, the second member shall be appointed by the governor of said state in his discretion. The third shall be a citizen who shall have 11 a knowledge of and interest in the marine fisheries problem to be appointed by the governor. This Commission shall be a body corporate with the powers and duties set forth herein. Article IV The duty of the said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclos.ed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine and anadromous, of the Atlantic seaboard. The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the preservation of those fisheries and their protection against over-fishing, waste, depletion or any abuse whatsoever, and to assure a continuing yield from the fisheries resources of the aforementioned state. To that end the Commission shall draft and, after consultation with the Advisory Committee hereinafter authorized, recommend to the governors and legislatures of the various signatory states legislation dealing with the conservation of the marine, shell and anadromous fisheries of the Atlantic seaboard. The Commission shall, more than one month prior to any regular meeting of the legislature in any signatory state, present to the Governor of the State its recommendations relating to enactments to be made by the legislature of this compact. The Commission shall consult with and advise the pertinent administrative agencies in the states party hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable. The Commission shall have power to recommend to the states party hereto the stocking of waters of such states with fish eggs or joint stocking by some or all of the states party hereto and when two or more of the states shall jointly stock waters the Commission shall act as the coordinating agency for such stocking. Article V The Commission shall elect from its number a Chairman and a Vice Chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall affix and determine their duties, qualifications and compensation. Said Commission .shall adopt rules and regulations for 12 the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at h:~st l'nce a year. Article VI No action shall be taken by the Commission in regard to its general affairs except by the affirmatve vote of a majority of the whole number of compacting states present at any meeting. No recommendation shall be made by the Commission in regard to any species of fish except by the affirmative vote of a majority of the compacting states which have an interest in such species. The Commission shall define what shall be an interest. Article VII The Fish and Wildlife Service of the Department of the Interior of the Government of the United States shall act as the primary research agency of the Atlantic States Marine Fisheries Commission cooperating with the research agencies in each state for that purpose. Representatives of said Fish and Wildlife Service shall attend the meetings of the Commission. An adviso1y committee to be representative of the commercial fishermen and the salt water anglers and such other interests of each state as the Commission deems adsisable shall be established by the Commission as soon as practicable for the purpose of advising the Commission upon such recommendations as it may desire to make. Article VIII When any state other than those named specifically in Article II of this compact becomes a party thereto for the purpose of conserving its anadromous fish in accordance with the provisions of Article II, the participation of such state in the action of the Commission shall be limited to such species of anadromous fish. Article IX Nothing in this compact shall be construed to limit the powers of any signatory state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state imposing additional conditions and restriction to conserve its fisheries. Article X Continued absence of representation or of any representative on the Commission from any state party hereto shall be brought to the attention of the Governor thereof. 13 Article XI The states party hereto agree to make annual appropriations to the support of the Commission in proportion to the primary market value of the products of their fisheries, exclusive of cod and haddock, as recorded in the most recent published reports of the Fish and Wildlife Service of the United States Department of the Interior, provided no state shall contribute less than two hundred dollars per annum and the annual contribution of each state above the minimum shall be figured to the nearest one hundred dollars. The compacting states agree to appropriate initially the annual amounts scheduled below, which amounts are calculated in the manner set forth herein, on the basis of the catch record of 1938. Subsequent budgets shall be recommended by a majority of the Commission and the cost thereof allocated equitably among the states in accordance with their respective interests and submitted to the compacting states . SCHEDULE OF INITIAL ANNUAL STATE CONTRIBUTIONS Maine . .. $ 700 New Hampshire Massachusetts Rhode Island Connecticut 200 2,300 300 400 New York. New Jersey Delaware 1,300 800 200 Maryland 700 Virginia 1,300 North Carolina South Carolina Georgia Florida .. 600 200 200 1,500 Article XII This compact shall continue in force and remain binding upon each compacting state until renounced by it. Renunciation of this compact must be preceded by sending six months' notice in writing of intention to withdraw from the compact to the other states party hereto. (Ga. Laws 1955, pp. 483, 495; Code Ann., 45-123.) (a) In pursuance of Article III of said compact there shall be three members (hereinafter called commissioners) of the Atlantic States Marine Fisheries Commission (hereinafter called commission) from the State of Georgia. The first commissioner from the State of Georgia shall be the Dir.ector of the Department of Game and Fish of the State of Georgia exofficio, and the term of any such exofficio commissioner shall terminate at the time he ceases to 14 hold said office of Director of the Department of Game and Fish and his successor as commissioner shall be his successor as Director of the Department of Game and Fish. The second commissioner from the State of Georgia shall be a legislator and member of the Commission on interstate cooperation of the State of Georgia ex-officio, designated by said Commission on Interstate Cooperation, and the term of any such ex-officio commh;sioner shall terminate at the time he ceases to hold said legislative office or said office as Commissioner on Interstate Cooperation and his successor as Commissioner shall be named in like manner. The Governor (by and with the advice and consent of the Senate) shall appoint a citizen as a third Commissioner who shall have a knowledge of and interest in the marine fisheries problem. The term of said Commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of such Commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and cons,ent of the Senate) for the unexpired term. The Director of the Department of Game and Fish as ex-officio commissioner may delegate, from time to time, any deputy or othe r subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceedings of the commission. The terms of each of the initial three members shall begin at the date of the appointment of the appointive Commissioner, provided the said compact shall have then gone into effect in accorda nce with Article II of the compact; otherwise they shall begin upon the date upon which said compact shall become effective in accordance with said Article II. Any Commissioner may be removed from office by the Governor upon charges and after a hearing. (Ga. Laws 1955, pp. 483, 500; Code Ann., 45-124.) (b) There is hereby g ra nted to the Commission and the Commissioners thereof all the powers provided for in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. All officers of the State of Georgia are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular ; it being hereby declared to be the policy of the State of Georgia to perform and carry out the said compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the State Government or administration of the State of Georgia are 15 hereby authorized and directed at convenient times and upon request of the said Commission to furnish the said Commission with information and data possessed by them or any of them and to aid said Commission by loan of personnel or other means lying within their legal right respectively. (Ga. Laws 1955, pp. 483, 501; Code Ann., 45-125.) (c) Any powers herein granted to the Commissioner shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the State of Georgia, or by the laws of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina and Florida or by the Congress or the terms of said compact. (Ga. Laws 1955, pp. 483, 501; Code Ann., 45-126.) (d) The Commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the Legislature of the State of Georgia on or before the tenth day of December in each year, setting forth in detail the transactions conducted by it during the 12 months preceding December 1st of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State of Georgia which may be necessary to carry out the intent and purposes of the compact between the signatory states. (Ga. Laws 1955, pp. 483, 502; Code Ann., 45-127.) The Comptroller of the State of Georgia is hereby authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements and such other items referring to its financial standing as such Comptroller may deem proper and to report the results of such examination to the Governor of such state. (Ga. Laws 1955, pp. 483, 502; Code Ann., 45-128.) (e) The sum of two hundred dollars ($200.00) per annum, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for the expenses of the Commissioners created by the compact authorized by this Act. (Ga. Laws 1955, pp. 483, 502 ; Code Ann., 45-129.) (f) If any provision of this Act or the application thereof to any person or circumstances is held invalid. such invalidity shall not affect other provisions or applications of the Act which can be given without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. (Ga. Laws 1955, pp. 483, 502.) 16 D-FRDERAL ACTS ASSENTED TO UY GEORGIA. 1. FEDERAL LANDS IN GEORGIA. The consent of the General Assembly is hereby given to the making by Congress of the United States, or under its authority, of all such rules and regulations as the Federal Government shall determine to be needful in respect to game animals, game and non-game birds, and fish on such lands in the northern part of Georgia as shall have been, or may hereafter be, purchased by the United States under the terms of the Act of Congress of March 1, 1911, entitled "An Act to enable any State to cooperate with any other State or States or with the United States for the protection of the watersheds of navigable streams and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers" (36 United States Statutes at Large, page 961), and Acts of Congress, supplementary thereto and amendatory thereof, and in or on the waters thereof. (Ga. Laws 1955, pp. 483, 502; Code Ann., 45-130.) 2. WILDLIFE RESTORATION PROJECTS. The State of Georgia hereby assents to the provisions of the Act of Congress entitled "An Act to provide that the United States shall aid the State in wildlife restoration projects, and for other purposes," approved September 2, 1937 (Public Numbe r 415, 75th Congress, Title 16, Chapter 5 b United States Code, Annotated). The State Game and Fish Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the establishment and conduct of cooperative wildlife restoration projects, as defined in the said Act of Congress, in compliance therewith and rules and regulations promulgated by the Federal agency authorized thereunder. The State Game and Fish Commission shall have authority to do all things necessary in cooperation with all agencies of the United States Government in connection with propagation, restoration and protection of wildlife in this State. (Ga. Laws 1955, pp. 483, 502; Code Ann., 451 131.) 3. FISH RESTORATION P ROJECTS. The State of Georgia hereby assents to the provisions of the Act of Congress entitled an Act to provide that the United States shall aid the State in fish restoration and management projects, approved August 9, 1950, (Public Laws 681, 81st Congress), and the Fish and Games Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said Act of Congress, in compliance with said Act and rules and regulations 17 promulgated by the Secretary of the Interior thereunder; and no funds accruing to the State of Georgia from licen~es "paid by_~.,?_h~~p ~be__diverted for-any-Q'ther purpose than the administration of the DiVision- of Fish and Game and for the protection, propagation, preservation, and investigation of wildlife. (Ga. Laws 1955, pp. 483, 503; Code Ann., 45-i32.) 4. NATIONAL FORESTS; RESTOCKING; SEASONS. The State Game and Fish Commission shall have the right and authority to enter into a cooperative agreement with the United States Government, or with the proper authorities thereof, for the protection and management of the wildlife resources of the National Forest lands within the State of Georgia and for the restocking of the same with desirable species of wildlife. (a) The Game and Fish Commission shall have authority to close all hunting and fishing within said lands so contracted for with the Federal Government for such period of time as may be, in the opinion of the Game and Fish Commission, necessary; shall have authority from time to time to prescribe the season for hunting or fishing therein, to prescribe the number of animals and game, fish and birds that shall be taken therefrom and the 'size thereof, and to prescribe the conditions under which the same may be taken. (Ga. Laws 1955, pp. 483, 504; Code Ann., 45-133.) 5. CONSENT OF STATE FOR ACQUISITION OF LAND AND WATER BY FEDERAL GOVERNMENT. "Section 26A. The consent of the State of Georgia is hereby given to the acquisition by the United States by purehase, gift, devise, lease, condenmation, or otherwise, of such areas of land or water or of land and water in the State of Georgia as the United States may deem necessary for the conservation, protection, propagation, and development of all species of fi,sh and wildlife, and fo1 other conservation purposes, reserving, however, to the State of Georgia full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of any act of Congress authorizing such acquisitions: Provided, that prior to such acquisition, notice shall be given by the Federal Government to the Game and Fish Commission of the State of Georgia of plans stating the specific use to be made of and the specific location and description of such lands desired by the Federal Government for any such conservation use, and that such plan for acquisition of said lands be approved by the Game and Fish Commission of the State of Georgia." All laws and parts of laws in conflict with thi.s Act ar.e hereby repealed. (Ga. Laws 1961, p. 123.) 18 CHAPTER II LICENSES Note: Not all of the laws relating to licenses and permits are included in this Chapter. Some of these provisions were more properly left in context of the law of which they constitute a part. Such provisions are as follows: 1. Permits for transportation of wildlife, Chapter III, Section 1, 3 and 4, pp. 31-32. 2. Permits authorizing possession of wildlife purchased outside the state, Chapter IV, Section 6, p. 34. 3. Permits for the storage of wildlife, Chapter IV, Section 20, p. 38. 4. Special permits authorizing trapping during emergencies, Chapter V, Section 3, p. 40. 5. Permits authorizing use of baskets for the taking of rough fish, Chapter VII, Section B (2), p. 50. 6. Fresh water commercial fishing licenses, Chapter VII, Section D ( 1), p. 52. 7. Leases of oyster beds, Chapter IX, Section B (1), p. 63. 8. Commercial Quail Breeder's Licenses, Chapter VI, infra, p. 42. 9. Minnow and live fish (for restocking) dealers' licenses, Chapter VII, infra, p. 56. 10. Hunting preserves, p. 27. 11. Bond required of commercial fishermen for bait in salt waters, Chapter IX, A(4), infra, p. 62. A-GENERAL PROVISIONS 1. SALE OF LICENSES. Hunting, fishing and trapping licenses in this State shall be issued and sold by the Commission upon such forms which contain such information as the Commission may prescribe; provided, said licenses for hunting and fishing shall be sold in each county by some designated bonded agent who shall keep stubs of all licenses sold. All licenses shall be charged to such agent, who shall account for same and for the cash from resulting sales. The agent selling such licenses shall not receive for himself more than twenty-five (25) for each license issued. (Ga. Laws 1955, pp. 483, 504; Code Ann., 45-201.) 2. FALSE STATEMENT IN APPLICATION FOR LICENSE. Any person who shall knowingly make a false statement in his application for any type of hunting, fishing or trapping license, eX'cept as otherwise provided, shall be guilty of a misdemeanor and shall be punished as provided .by law. (Ga. Laws 1955, pp. 483, 504; Code Ann., 45-202.) 19 B-SPORT LICENSES 1. NON RESIDENT. It shall be unlawful for any person not a resident of Georgia to hunt, fish or trap in the jurisdiction of this State without a proper nonresidence license, except as otherwise provided by law and interstate agreements. It shall be unlawful for any non-resident to hunt, fish or trap without carrying the required license on his person. Any person violating any provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Non-resident license fees shall be as follows : Trapping (a) Yearly in location where permitted .......... $25.00 Hunting (a) Yearly for small game $10.25 (b) Yearly for big game (small game license required as a prerequisite to purchase) $10.25 (c) Yearly for public hunting preserves.... .. $ 5.25 (No other license is required on public hunting preserves.) (For private hunting preserves, licenses as provided in (a) or (a) and (b) above, or (d) or (d) and (e) below are required.) (d) Yearly for small game with bow and arrow ... .. . ... .......................... .. ......$10.25 (e) Yearly for big game with bow and arrow (small game bow and arrow license Tequired as a prerequisite to purchase).. $10.25 Fishing . Fresh-Water Only (a) Yearly throughout the State.. $ 6.25 Such licenses issued by the Commission shall bear the date of April first of the year in which issued and shall expire on March thirty-first of the following year. (Ga. Laws, pp. 483, 505, as amended by Ga. Code Ann., 45-203, 204.) "Section 30A. Any other provision of this Act to the contrary notwithstanding, the Game and Fish Commi,ssion is authorized to issue a three-day State- wide non-resident fishing license upon the payment of the fee of One and 25/ 100 Dollars ($1.25). Twentyfive cents (250 of said fee shall be retained by the agent issuing the license as provided by law and the 1emainder of said fee shall be disposed of as provided by law," (Ga. Laws 1961, p. 52). 2. RESIDENT Hunting (a) Yearly $ 2.25 (b) Yearly for hunting with bow and arrow .$ 2.25 20 Fishing (a) Yearly for fishing ... ........$ 1.25 Combination hunting and fishing license .. $ 3.25 Persons under 16 years of age shall not be required to obtain hunting and fishing licenses referred to herein. (Ga. Laws 1955. p. 158; (Code Ann. 45, as amended 1960 Laws, p. 974, Act 669, approved March 17, 1960.) d. SEINING AND NETTING. Residents engaging in seining or netting, where otherwise authorized, shall obtain the fishing license as above provided, or the combination license. (Ga. Laws 1955, p. 158; Code Ann. 45-207.) e. HONORARY LICENSES. All legal residents of -an Georgia who are 65 years of age or more and who apply to the dOiii"mission shall receive honorary hunting and fishing license which shall entitle the holde~of 'to._hilri and fish without the payment of any fee whatsoever. All honorary hunting and fishing licenses with the exception of the payment of fees, are subject to all other provisions of laws, rules and regulations of this State. Such honorary licenses may be revoked upon the conviction of the holder for any violation of the game and fish laws of this State. It shall be unlawful for any person having an honorary fishing license or hunting license to permit the use of same by any other person. It shall also be unlawful for any person to use an honorary hunting and fishing license who is not entitled to the same. Any person violating the provisions of this section shall be c-uilty of a misdem~nor a nd punished as provided by law. (Ga. Laws 1955, p p. 438, 506; Code Ann., 45-205.) NOTE: Prior to passage of S. B. 60, the Comprehensive Game and Fish Bill (Ga. Laws 1955, p. 483) , the General Assembly passed and the Governor approved H. B. 219 (Ga. Laws 1955, p. 158), which made provision for resident hunting and fishing licenses. S. B. 60 was amended in committee so as to adopt, in greater part, the provisions of H. B. 219, in lieu of compar able provisions originally made in S. B. 60. The resident licensing provisions of S. B. 60, as adopted from H. B. 219, became effective on April 1, 1955. In addition, section 2 of H. B. 219, which was continued in force in S. B. 60, repealed a local law (Ga. Laws 1949, p. 1361) exempting citizens of a certain designated area from license requirements. This local law wa s probably unconstitutional anyway. See Constitution, Article I, Section IV, Paragraph I (Code Annotated, Section 2401); Article I, Section I, Paragraph II (Code Annotated, Section 2-102). 21 3 SCOPE AND EFFECTIVE DATE OF ABOVE LICENSES (a) FISHING LICENSES- FRESH AND SALT WATER. All sport licenses issued under the provisions of Sections 1 and 2 of Part B hereof, shall entitle the holder thereof to sport fish in any of the fresh or salt waters of this State, but in the latter case, only within the three-mile limit (Ga. Laws 1955, pp. 483, 506; Code Ann., 45-225.) (b) EFFECTIVE DAY OF LICENSE. All sport licenses issued under Sections 1 and 2 above, except daily permits issued to non-residents under Section 1, and honorary licenses issued under Section 2(e), which are hereby declared to be permanent, shall be effective from April 1 until March 31 next following. (Ga. Laws 1956, pp. 590, 591; Code Ann., 45-225.) C-SCIENTIFIC AND PROPAGATION PERMITS Under the seal of the Commission, permits may be issued to any person to take, capture, kill, or transport any of the wildlife of this State or the plumage, skin or body thereof, or the nest or eggs of the same for propagation of scientific purposes, or for pets, under such regulations and restrictions as may be imposed by the Commission. Such permits may be issued upon the payment of a fee of $1.00, and the same may be revoked at the pleasure of the Commission. Such permits, unless sooner revoked, shall be valid from April first of the year in which issued until March thirtyfirst of the following year. It shall be unlawful for any person or persons to take, capture, kill or transport any of the wildlife of this State or the plumage, skin or body thereof, or the nests or eggs of the same for propagation or scientific purposes, or for pets, without first obtaining a valid permit as herein provided. Anyone violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 507; Code Ann., 45-208.) ED. NOTE: Regulations supplementing these provisions regulating s'Cientific and propagation permits are subject to change. Any questions should be addressed to the State Game and Fish Commission, State Capitol, Atlanta, Ga. NOTE: See also Chap. VI., dealing with Commercial Quail Breeder's Licenses, infra., p. 42. D-COMMERCIAL LICENSES I. SHAD. No person shall take shad from the waters of this State without first having procured from the Commission a license as follows: Persons having a residence within this State and being citizens of the United States shall pay a fee of $1.00 for such a license. 22 Citizens of other states residing outside of this State shall pay a fee of $10.00. All licenses provided for in this section shall be effective from April first of the year b which issued until March thirty-first of the following year. Any person or persons who take shad from the waters of this State for the purpose of sale in violation of the provisions of this license herein required, shall be guilty of a misdemeanor and punished a s provided by law. (Ga. Laws 1955, pp. 483, 508; Code Ann., 45-210, 45-211.) 2 BOAT LICENSES; SALT WATER (a) Application. No boat or vessel shall be used in commercial fishing or for commercial taking of any seafood in the waters of this State without being properly licensed. The owner or operator of such boat or vessel shall present in writing an application for such license, setting forth the name and description of such boat or vessel, the name and post office address and residence of the owner and operator of such boat or vessel, the number of the crew and such other data and information as the Commission shall deem necessary. Application shall be made on blank forms as prescribed by the Commission, and shall be under oath and duly witnessed by an officer authorized by law to administer oaths. Any person operating such boat or vessel which is not properly licensed shall be guilty of a misdemeanor and punished as provided by law. (b) Issuance The Commission, upon receipt of such commercial license application, shall investigate the person applying for such license to determine the applicant's credibility. If such investigation reveals that the applicant has been convicted within five years of violating the laws, rules or regulations pertaining to the taking of fish or the taking of seafood in the tidal or salt waters of this State, the license shall be refused. If such investigation does not reveal any such conviction or other good reason for not issuing such license, the Commission shall issue the license for such boat or vessel. (c) The license fees for commercial boats required under this section shall be as follows: 1. "Boats under 16 feet long and under 4 foot beam $1.05 2. "Boats over 16 feet long and over 4 foot beam . . $1.05 "And in addition thereof shall be a fee of 20 cents for each additional foot or fraction thereof of length and beam." To defray the additional cost of regulation and policing, aliens and non-residents shall be charged an additional license fee of $25.00 for each boat or vessel used in commercial fishing or in the taking of sea food 23 owned in whole or in part by such non-resident or alien. The licenses issued under this section either to residents or non-residents or aliens, shall be effective from April 1 through March 31 next following. (Ga. Laws 1955, pp. 483, 508, as amended, Ga. Laws 1956, pp. 590, 592; Code Ann., 45-212.) (d) False Swearing. Any person procuring a license for any boat or vessel as provided in this section by swearing fals'lly to any information required by the laws or regulations relating thereto shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 509; Code Ann., 45-214.) 3. IDENTIFICATION TAG FOR BOATS; FEE. Each boat or vessel licensed by the Commission shall have securely fixed on each side of the bow or pilot house thereof, and conspicuously displayed in order that it may be read from a reasonable distance, a metal tag of such style and size as may be prescribed by the Commission. The licensee of such boat or vessel sail be required to pay, in addition to the license for such boat or vess.el, a fee to cover the cost of said tag; provided, the price charged for such tag shall not exceed $2.00 per boat or vessel. Each boat or vessel so licensed shall also have painted upon such boat or vessel, in a size and upon such parts as prescribed by the Commission, such numbers and letters which shall identify such boat or vessel more easily. The paint used for said purpose shall be different from and in clear contrast in color to the boat or vessel on which applied. The numbers and letters so painted on said boat or vessel shall not be covered at any time while said boat or vessel is trawling or fishing or taking any seafood, by any cloth or other object so as to obscure or make the same invisible to the public or to any inspector or agent of the Commission. Failure to comply with the provisions of this section shall be a misdemeanor and persons so violating shall be punished as provided by law. (Ga. Laws 1955, pp. 483, 509; Code Ann., 45-215, 45-216.) 4. RECORD BOOKS TO BE KEPT ON BOATS. Every boat or vessel used in commercial fishing or in the taking of seafood in tidal salt waters of Georgia shall be required to maintain and carry thereon at all t imes a record book, to be prescribed by the Commission, showing the amount of fish, oyster, prawn, shrimp and other seafood caught daily, to whom sold, the date of sale and delivery, and such other information as may be required by the Commission. Such records shall be open at any and all times to the duly authorized inspectors or agents of the Commission. The owner or licensee of, or any person operating said boat or vessel, shall be required to 24 make such reports monthly or as may otherise required by the Commission. Any person failing to keep the record herein required or failing to produce the same upon demand of the duly authoized inspectors or agents of the Comwmission, or who shall in any manner fail to comply with the provisions of this section, shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 510; Code Ann., 45-217, 45-218.) 5. COMMERCIAL FISHERMEN'S PERSONAL LICENSE. No person shall take or catch fish or any kind of seafood from the tidal or salt waters of this State for commercial purposes, except as otherwise provided, without first obtaining the proper license to do so. Such license shall be obtained from the Commission and shall be effective from April 1 through March 31 next following. The fee for such license shall be $2.00 for residents and $5.00 for non-residents and aliens, the additional cost for the latter being required to defray the additional cost for regulation and policing. Any person violating the provisions of this section, or any person procuring a license as provided hereunder by swearing falsely to any information required by the laws or regulations relating thereto shall be guilty of a misdemeanor and punished as provided by law. The license required by this section is a personal license separate from the boat licenses required in Section D(2) of this Chapter. (Ga. Laws 1955, pp. 483, 510, as amended. Ga. Laws 1956, pp. 590, 591; Code Ann., 45219, 45-220.) CROSS REFERENCE: See also Chap. IX, 4(b), herein, relating to Bonds required of commercial fishermen fishing for bait, etc. 6. OYSTER GATHERER'S PERMIT. (a) Issuance. Each and every commercial fisherman shall .each year, prior to engaging in commercial oyster gathering, obtain an oyster collector's permit from the Commission. The permit shall be in the form of a chart to which is attached or affixed the date, the name of the individual, the company the individual is working for, and the number of the State health certificate. The chart shows the areas in which oysters cannot be taken because of pollution as determined by the State Department of Health. A master chart showing the pollution zones shall be kept on file at the office of the Supervisor of Coastal Fisheries. The chart shall also show the areas from 25 which the applicant may obtain oysters by virtue of demonstrated authority: (1) Lease of State-owned land. (2) Ownership of lands or authorized agent for owner. (3) Lease of lands from landowners. (4) Permit from Coastal Fisheries Office to remove oysters from natural oyster beds on unleased State lands. A duplicate oyster collector's permit with chart shall be filed with the Coastal Fisheries Office of the Commission. The permits provided for herein shall be furnished to the applicants by the office of the Coastal Fisheries at cost price. The Coastal Fisheries Office shall furnish sufficient charts covering the areas of operations to satisfy needs. These charts shall be recent United States Coast and Geodedic charts, or accurate facsimiles of same. (Ga. Laws 1955, pp. 483, 511; Code Ann., 45-221.) (b) Duty to Carry Permit. Every person, while engaged in commercial oyster collection from oyster beds, shall carry with him the permit as herein required and it shall be unlawful for any person to engage in oyster collection for commercial purposes without first having with him a permit to do so. It shall also be unlawful for any person to collect or engage in collecting oysters from any polluted areas or sources, or from any areas or sources other than as shown and authorized by the permit granted to him. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 512; Code Ann., 45-222, 45-223.) (c) Permit Not Required- When. Nothing in this section shall prohibit an individual from taking not in excess of two bushels of oysters per day for his own use, when authorized to do so by written permission of the land-owner, which written permission shall be in possession of the person so taking. (Ga. Laws 1955, pp. 483, 512; Code Ann., 45-224.) 7. ALLIGATOR HUNTERS' LICENSE. It shall be unlawful for any person to hunt, trap, or in anywise engage in the activity of capturing alligators without first obtaining from the Commission, a special annual alligator hunter',s license, for which shall be charged a fee of $5.00 as to residents, and $25.00 as to non-residents, the additional costs for the latter being to defray the additional cost of policing and regulation, said licenses to be effective from April 1 in the year which issued through March 31 of the year next succeeding. The open season for hunting and trapping alligators shall be from June 1 to January 31, and no alligator shall be killed or captured which is less than 5 feet in 26 length. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1956, pp. 590, 595; Code Ann. 45-226.) 8. FUR DEALERS AND AGENTS LICENSES. (a) No person, firm or corporation shall engage in the business of buying and selling furs, hides and pelts of wildlife as herein defined, including alligator hides, without first obtaining from the Commission an annual license, for which shall be charged a fee of $100.00 for residents, and $200.00 for non-residents, the additional cost for the latter being to defray the additional cost of policing and regulation, said license to be effective from April 1 in the year which issued through March 31 of the year next succeeding. (b) No person shall act as agent for another in the buying or selling of such furs and hides above referred to, without first obtaining from the Commission an annual agent's license, for which shall be charged a fee of $5.00, for both resident and non-resident agents, said license to be effective from April 1 in the year which issued through Mach 31 of the year next succeeding. (c) Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1956, pp. 590, 595; Code Ann., 45-228.) 9. OPERATION OF HUNTING PRESERVE LICENSE. (a) Any person, firm or corporation desiring to establish, maintain and/or operate a hunting preserve within the State of Georgia to permit the releasing and shooting and/or taking of pen raised game birds or animals by the public for a fee or otherwise may apply to the State Game and Fish Commission for a license to do so, and the State Game and Fish Commission is hereby authorized to issue such an applicant a license for the purpose, upon the conditions herein set out. (Ga. Laws 1957, p. 295; Code Ann., 45-1001.) (b) Any license issued hereunder shall permit the licensee to propagate, possess and release for shooting and/or taking on the preserve covered by such license any game bird or animal defined as such by law, rule or regulation under the laws of the State of Georgia and in addition thereto, import, propagate, possess and release for shooting and/or taking on the preserve covered by such license any foreign game bird or animal not a native of the State of Georgia. (Ga. Laws 1957, p. 295; Code Ann., 45-1002.) (c) The application for such a license shall be accompanied by a fee of Twenty-Five ($25.00) Dollars 27 to be the annual charge for the issuance of such license, and shall be further accompanied by information as to the location and description of the premises, including a legal description of the facilities thereon, together with the interest of the applicant therein. It shall further be accompanied by information on the applicant as to his place of residence, age, occupation, or, if a corporation, the place of incorporation, the purpose of incorporation, and the location of it principal place of office, together with full details as to the intended operations on said hunting preserve. Also the applicant shall further furnish to the Commission any additional information required or requested of him by the said Commission. (Ga. Laws 1957, p. 295; Code Ann., 451003.) (d) The following conditions must be complied with before the applicant shall be eligible for the issuance of a hunting preserve license as herein provided for: (1) The land to comprise said preserve shall consist of not more than 1,000 acres nor less than 100 acres and must be owned or leased by the applicant. In the event the property is under lease to the applicant, said lease shall be for a term of not less than one year from date of application, and such lease is subject to inspection and approval by the Commission in the consideration of granting of such license. (2) The property comprising such preserve shall be adequately enclosed by fence, said fence to consist of not less than one strand of barbed wire, and the boundary lines of said premises shall be marked by signs loca ted not more than 400 feet apart, indicating that they are boundary line signs in letters not less than two inches in height, and shall further indicate that said premises are posted as against trespassing according to the laws of Georgia for posting lands, which shall have been complied with prior to the issuance of the license. (3) In addition to game birds released for and taken by hunters, licensee shall release on said premises during the shooting season a minimum of the following: 1 quail for each 8 acres, 1 pheasant and 1 chuckar (or other imported foreign bird to be designated or approved by the Commission) for each 10 acres of said preserve. Only ,pen raised mallard or black ducks more than two generations removed from the wild may be used for preserve hunting. (4) All game birds released on a hunting preserve shall have a band on one leg which shall contain information as to the permit number and an identification number-(example- 1957- Permit No. 15-35), which band must be approved by the Commission and shall remain on the bird whether he be removed from 28 the preserve dead or alive until said bird is ready for consumption. (5) A complete record of all birds propagated, released or taken on said preserve, including complete records of all operations of said preserve shall be furnished the Commission within 60 days after the hunting season has closed. (Ga. Laws 1957, pp. 295, 296; Code Ann. 45-1004.) (e) Any group or organization of five or more members desiring to establish, maintain and/or operate a private hunting preserve within the State of Georgia to permit the propagation, possession, shooting and/or taking of pen raised game birds or animals by the membership thereof may apply to the State Game and Fish Commission for a permit to do so, and the State Game and Fish Commission is hereby authorized to issue such applicant a permit for said purpos.es. This permit shall be issued by the same procedure and upon the same conditions as herein provided for the issuance of a license for hunting preserve for the public, except that the fee for issuing such permit shall be $10.00 per year, and the application, in addition to the information requir.ed for hunting preserve, shall include complete information as to the type of organization, its official name, its affiliations, its officers and membership, and also such other information as may be required or requested by the Commission. (Ga. Laws 1957, pp. 295, 296; Code Ann., 45-1005.) (f) The State Game and Fish Commission shall have the authority to r.egulate the operations of hunting preserves licensed or permitted hereunder, and to set seasons, bag limits, and any other rules and regulations on the operation of said hunting preserves as they are deemed necessary for the best interests of the public. These rules and regulations may be applicable to all such classes of hunting preserves, or may be applicable only to any or all of same as may be designated by said Commission. The same may be amended, r.epealed or changed in any manner at any time by the Commission and such repeal, amendment or change shall become operative immediately upon the action of the Commission, with or without notice to licensee. (Ga. Laws 1957, pp. 295, 297; Code Ann., 45-1006.) (g) All laws, rules or regulations in force pertaining to hunting or pertaining to game shall, except as herein provided, prevail on hunting preserv.es licensed or permitted by the State Game and Fish Commission. The regular appropriate hunting licenses shall apply to all persons hunting on said preserves, except that should the State Game and Fish Commission so desire, it may provide for a special license to be issued applicable to any one particular hunting preserve; provided further that such special license shall apply only to the person 29 to whom issued and to the particular preserve for which issued. (Ga. Laws 1957; pp. 295, 298; Code Ann. 45-1007.) (h) Should any licensee under this Section violate any of the provisions of this Section, or violate any law, rule or regulation pertaining to game in this State, or should he fail to comply with the provisions of this Section or any other provision by law, rule or regulation pertaining to game in this State, then, in that event, the Director of the State Game and Fish Commission is hereby empowered to revoke the license or permit hereunder issued immediately. In the event of a revocation of license or permit by the Director of the State Game and Fish Commission, the licensee to whom such license or permit was issued may appeal the action of the Director to the State Game and Fish Commission and he shall be given a hearing before said Commission for a determination of his rights, which hearing shall be granted upon application by said licensee within ninety days of receipt by said Commission of a written request for such hearing. Such appeal for hearing must set out all grounds for such appeal, and upon failure of the appealing licensee to set out proper grounds for a hearing in such written request, then, in that event, the Commission may in its descretion deny such hearing, provided that the appealing licensee is so notified within ninety days from the receipt by the Commission of his written request. (Ga. Laws 1957, pp. 295, 298; Code Ann. 45-1008.) (i) The licenses and/or permits herein provided for shall be issued annually and shall be effective from April 1st of each calendar year and through March 31st of the next calendar year. (Ga. Laws 1957, pp. 295, 299; Code Ann. 45-1009.) (j) Any violation by any person of any of the provisions of this Section or the failure to comply with said provisions, including the securing of the license or permit herein provided shall be treated as a misdemeanor, and upon conviction thereof, shall be sentenced as provided by law. (Ga. Laws 1957, pp. 295, 299; Code Ann. 45-1010.) CROSS REFERENCE: Regulations pertaining to the operation of Hunting Preserves, infra, Chapter XII, Sec. D. 30 CHAPTER III TRANSPORTATION OF WILDLIFE 1. 'fRANSPORTATION BY PERSON KILLING OR TAKING. It shall be unlawful for any person to take, ship, or transport from any point within this State to another point within this State or from any point within the State to any point beyond the borders of this State, except as otherwise provided, any wildlife taken, captured, or killed in this State unless such wildlife be in the personal possession of or carried openly by the person who took, captured or killed such wildlife. Such person shipping or transporting such wildlife shall have in his possession at the time a proper license or permit as prescribed by the wildlife laws, rules and regulations. Any violation of this Section shall be a misdemeanor and punished as provided by law, (Ga Laws 1955, pp. 483, 514; Code Ann., 45-401, 45-402.) 2. TRANSPORTATION BY COMMON CARRIER. Any resident of Georgia taking, capturing, or killing wildlife may have such wildlife transported to his home by a common carrier by filing with the common carrier a written statement giving his name and address, the number of wildlife to be so transported, and that said wildlife was legally taken, captured, or killed by himself and is to be lawfully used or sold. A copy of said statement shall be attached to such wildlife or to its packaging. Any resident of Georgia who has such wildlife transported by common carrier without carrying out the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 514; Code Ann., 45-403, 45-404.) 3. TRANSPORTATION BEYOND STATE. Any person who desires to take, ship, or transport wildlife out of the state may do so under the following conditions, but not otherwise: (a) He must have in his possession at the time of such taking, shipping, or transporting a proper wildlife license or permit duly issued to him by the Commission. (b) He cannot take from the State more than the limits set by the Commission. (c) He shall make a sworn statement, duly attested to by any authorized officer of this state, which statement shall show that he has lawfully taken such wildlife and that they are not for sale, except as otherwise permitted by the wildlife laws, rules and regulations, and he shall show the number of wildlife being shipped, transported, or taken out of the state. One copy of this statement shall be given the common carrier and one shall be attached to the wildlife being shipped, transported or taken out of the state. 31 (d) He shall submit his license and sworn statement to any sheriff, deputy sheriff, or wildlife ranger for inspection. (e) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 514; Code Ann., 45-405, 45-406.) 4. TRANSPORTATION BY PERSON HOLDING SCIENTIFIC PERMIT. Any person who has been issued and is holding a valid scientific permit may ship, or transport, from any point within this state to any other point within the state or to points beyond the state any wildlife or parts thereof for propagation or scientific purposes. The transportation companies may accept such shipments and both the shipper and transportation company accepting such shipments shall on the same day that the shipment is made report to the Commission the number and the species of such wildlife shipped, and to whom, and by whom shipped. Any violation of this Section shall be a misdemeanor and shall be punished as provided by law. (Ga. Laws 1955, pp. 483, 515; Code Ann., 45-407, 45-408.) 5. DUTY OF CARRIER. It shall be unlawful for any person, company, or common carrier to ship, transport, or to receive for shipment or transportation any wildlife, except as otherwise provided by the wildlife laws, rules and regulations, without having ascertained that the person offering the same for shipment or transportation was then and there in possession of a proper license or permit, duly issued for the period when the shipment was offered. Any person, firm, or corporation who shall ship, or transport the skins, hides, or pelts of fur-bearing animals shall be required to make reports of such shipments or transportation as may be required by the rules and regulations of the Commission. Any person, firm, or corporation who shall violate any terms of this Section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 515; Code Ann., 45-409, 45-410.) 32 CHAPTER IV HUNTING, FISHING AND TRAPPING GENERAL PROVISIONS 1. RIGHT OF COMMISSION TO INSPECT WILDLIFE.. It is hereby made the duty of every person participating in the privileges o! killing, taking, capturing or possessing wildlife, to permit the Commission, its officers and wildlife rangers, to inspect and count such wildlife to ascertain whether the requirements of the wildlife laws, rules and regulations are being faithfully complied with. Any person who shall refuse such inspection and count or shall interfere with such officer or obstruct such inspection or count, shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 516; Code Ann., 45-501, 45-502.) 2. ILLEGAL POSSESSION. Any person who makes any use of, or has in his possession any wildlife or parts thereof, which have been killed, taken, captured, possessed or destroyed contrary to any of the wildlife laws, rules and regulations, shall be equally guilty of the offense and shall be punished in like manner as the person who caught, took, killed or destroyed such wildlife. (Ga. Laws 1955, pp. 483, 516; Code Ann., 45-503.) 3. IGNORANCE NOT EXCUSE VIOLATION. In any prosecution for the violation of any of the provisio-ns of the wildlife laws, rules and regulations, it shall not be a defense that the person killing, taking, capturing, possessing, selling, shipping or storing wildlife was mistaken as to variety, sex, age, size; it being one of the purposes of the wildlife laws to penalize recklessness resulting in the violation of the wildlife laws, rules and regulations. (Ga. Laws 1955, pp. 483, 516; Code Ann., 45-504.) 4. PENALTY FOR PURCHASE, SALE, ETC., OF WILDLIFE. E xcept as otherwise specifically provided, it shall be unlawful for a ny person, firm, or corpo.ration in this State to ba rter, sell, or offer to barter, sell or to purchase or offer to purchase, either under the name of the wildlife laws, rules and regulations or under any other name or guise what ever, any of the game birds, game fowl, or game animals of this State, except that it shall be lawful for any person to commercially raise, grow, propagate, sell and purchase ringneck pheasants in the State of Georgia, provided, however, t hat wildlife rangers or officers of the Federal Fish and Wildlife Agency may buy, or offer to buy, wildlife or parts thereof for the sole purpose of obtaining evidence of violations of the wildlife laws, rules and regulations. Any person violating the provisions of this section shall 33 be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 516; Code Ann., 45-505, 45-506.) CROSS REFERENCE: Chap. VI, deals with sale of pen-raised quail. 5. PERSON HIRING ANOTHER TO TAKE OR CAPTURE WILDLIFE. Any person hiring another to kill, take, capture, or possess wildlife and receive such wildlife shall be deemed as having killed, taken, captured or possessed same and subject to the penalties of the wildlife laws, rules and regulations. (Ga. Laws 1955, pp. 483, 517; Code Ann., 45-507.) 6. POSSESSION OF WILDLIFE PURCHASED OUTSIDE STATE: PERMITS. It shall be unlawful for any person, firm or corporation to have in possession in this State any wildlife purchased outside of the State of Georgia, without first securing or obtaining a permit from the Commission. All bills of lading and shipping tickets covering any wildlife which said person, firm or corporation might have in possession, shall be open to and available for inspection by the Commissiop and any of their agents or representatives. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 517; Code Ann., 45-508, 45-509.) 7. HUNTING WHILE INTOXICATED. No person shall hunt in this State with firearms while under the influence of any intoxicating wines, beers or liquors. Any person viola ting this section shall be g uilty of a misdemeanor and punished as prescribed by law. (Ga. Laws 1955, pp. 483, 517; Code Ann., 45-510.) 8. HUNTING WITH DOGS. (a) Generally. It shall be legal to hunt wildlife with dogs except as otherwise provided by the laws, rules and regulations pertaining to wildlife. (Ga. Laws 1955, pp. 483, 517; Code Ann., 45-511.) (b) Foxes. It shall be lawful to hunt, chase, or catch foxes with dogs; provided, that no hunter shall go upon the lands of another without the permission of the owner, the lessee of the land or the lessee of the game rights on the land.) Ga. Laws 1955, pp. 483, 517; Code Ann., 45-512.) (c) Deer. Any person hunting deer with dogs in any locality other than that prescribed by the rules and regulations 34 lf the Commission shall be guilty of a misdemeanor :md punished as provided by law. (Ga. Laws 1955, pp. 483, 518; Code Ann., 45-513.) (d) Duty of Wildlife Rangers to Kill Dogs Illegally Pursuing Deer. Any person may, and it shall be the duty of every Wildlife Ranger to kill any dog pursuing or killing deer in any locality other than that prescribed by the rules and regulations of the Commission permitting such hunting, and no action shall be maintained against the person for the killing. (Ga. Laws 1955, pp. 483, 518; Code Ann., 45-514.) 9. HUNTING OR PURSUING GAME ON PUBLIC HIGHWAY ILLEGAL. It shall be unlawful to hunt or shoot or chase, catch or kill, with or without dogs, any wildlife upon a public highway. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 518; Code Ann., 45-515, 45-516.) 10. HUNTING OR PURSUING GAME FROM AUTOMOBILE, AIRPLANE, POWER BOATS, ETC. It shall be unlawful to hunt, chase or kill any game fowl, game birds, game and furbearing animals or wild fowl from an electric, gas or steam boat, sailboat or airplane, or by hydroplane, or from any automobile or motor vehicle. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 518; Code Ann., 45-517, 45-518.) 11. DESTRUCTION OF DENS AND HOMES OF WILDLIFE ILLEGAL. It shall be unlawful to disturb, mutilate or destroy the den, holes, or homes of any wild animals except as otherwise provided by the wildlife laws, rules and regulations; to blind with lights or to use explosives, chemicals or mechanical devices or smokers of any kind in order to drive such wildlife out of said habitats. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Law 1955, pp. 483, 518; Code Ann., 45-519, 45-520.) 12. ILLEGAL USE OF SNARES, PITFALLS, ETC. TO CAPTURE BIRDS AND ANIMALS. It shall be unlawful for any person at any time to make use of any pitfall, deadfall, scaffold, catch, snare, trap, net, salt lick, blind pig, baited hook, or other device for the purpose of killing, taking, capturing pr injuring birds or animals protected by the wildlife laws, rules and regulations, except as otherwise provided. Any person violating any part of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 518; Code Ann., 45-521, 45-522.) 35 13. RABBITS AND HARES - HUNTING AND SALE. (a) Seasons-Minors May Take in Rabbit Boxes. No person shall take or kill rabbits or hares in this State except during the lawful hunting season, which shall be prescribed by regulation of the Commission; provided, however, that minors not over sixteen (16) years of age may at any time trap or capture rabbits or hares by use of rabbit boxes or similar traps, subject, however, to the provisions of the paragraphs of this section hereafter following. (b) Bag Limit. No person shall take or kill more than five rabbits or hares in any one day, nor shall any person sell or offer to sell any rabbit or hare, or parts thereof. (c) Penalty for Violation. Any person violating any of the provisiOns of this section shall be guilty of a misdemeanor and punished as provided by law. (d) Domestic Rabbits and Hares. The provisions of this section shall not apply to persons who raise rabbits and kill them for the purpose of resale. (Ga. Laws 1955, pp. 483, 519 as amended, Ga. Laws 1956, pp. 590, 601; Code Ann., 45-523, 45-524.) 14. HUNTING ON LANDS OF ANOTHER WITHOUT PERMISSION. Any person who shall hunt upon the lands of another, or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from such landowner or lessee of the land or lessee of the game rights of the land, shall be guilty of a misdemeanor and punished as provided by law. It shall be the duty of wildlife rangers, sheriffs and deputy sheriffs to enforce the provisiOns of this section. (Ga. Laws 1955, pp. 483, 519; Code Ann., 45-527.) 15... BAITING OF LANDS ILLEGAL. It shall be unlawful for the owner of land or any other person to scatter corn, wheat or other grain, or to bait for the purpose of drawing game birds or fowl to the land where such bait was scattered or placed, for the purpose of shooting or allowing to be shot at or killing or taking such game birds at or near the land so baited, and it shall be unlawful for any person to shoot at or kill any game birds at, upon, over or near any baited field or land. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 519; Code Ann., 45-525, 45-526.) 36 16. HUNTING IN SALT WATER CREEKS, 5TREAMS, AND ESTUARIES. Any person who shall hunt in any of the creeks, streams or estuaries leading from the Atlantic Ocean, sounds, rivers or bays of this State surrounding the several islands of this State, used or maintained in whole or in part as private or public game preserves, when such creek, stream or estuary leads rr;t;;;;~ch islands, or shall enter such creek, stream or estuary for the purpose of hunting therein, without the consent of the owners or resident guardian of such island, shall be guilty of a misdemeanor and punished as provided by law; provided, that this law shall apply only to a salt water creek, stream or estuary that enters and ends in an island owned in its entirety by a single ownership, family or estate. It shall be the duty of Wildlife Rangers, Sheriffs and Deputy Sheriffs to enforce the provisions of this section. I (Ga. Laws 1955, pp. 483, 520; Code Ann., 45-528.) 17. HUNTING, KILLING OR TAKING WILDLIFE AT NIGHT. (a) There shall be no night hunting in this State except for raccoons, opossums, foxes, mink, skunk and rabbits and these may not be hunted with lights, commonly known as head lights, attached to the head or otherwise attached to the body. The penalty for any violation of this section shall be a fine not exceeding two hundred dollars or imprisonment not exceeding sixty days. (b) Every vehicle, boat, animal and firearm used in the hunting of deer at night is hereby declared forfeited to the State and shall be confiscated by any peace officer who shall forthwith deliver it to the Director or his duly authorized agent. The term "hunting" as used in this section in reference to a vehicle or boat shall include the transportatiton of a hunter to or from the place of hunting and the transportation of the carcass, or any part thereof, of a deer which has been unlawfully killed at night. (c) The Director or his authorized agent shall sell any such vehicle, boat, animal or firearm at public auction for cash to the highest bidder in front of the county courthouse in the county in which it was confiscated after having given ten days public notice of such sale by posting advertisement thereof on the door or bulletin board of the county courthouse and by publishing such advertisement at least once in the newspaper in which legal notices for the county are published. Upon such sale the Director shall pay over the net proceeds thereof, after payment of the proper costs and expenses, if any, of the seizure, advertisement and sale, including any proper expenses incurred for the storage of such vehicle or boat or for the housing and feeding of such animal pending the sale, to the 37 State Treasurer for deposit in the game protection fund. But when such vehicle, boat or animal is of greater value than one thousand dollars, the owner thereof may at any time before sale redeem it by paying to the Director for deposit as aforesaid the sum of one thousand dollars therefor. (Ga. Laws 1955, pp. 483, 520; Ga. Laws 1962, p. 671, Code Ann., 45-529.) 18.. REPORT OF DEER KILLED. Every person killing a deer in this State shall within five days report the fact in writing to the Commission. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 520; Code Ann., 45-530, 45-531.) 19. HUNTING WITHIN HALF-MILE OF STREAM IN FLOOD UNLAWFUL: It shall be a misdemeanor, punishable as provided by Jaw, for any person to hunt or kill wildlife within one-half mile of any stream or river which is in flood, until such time that such flood waters shall have receded. The term "in flood " shall be held and deemed to mean such stream that shall have overflowed its bank or banks; provided, however, that this provision shall not prohibit the hunting or killing of water fowl when in season anytime from boats upon said stream or river. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 520; Code Ann., 45-532.) 20. STORAGE OF WILDLIFE-PERMITS. The Commission shall promulgate rules and regulations, designating the time a llowed for consuming wildlife killed during the legal seasons and the conditions under which the storage of such wildlife way be allowed. Provided, however, that it shall be a misdemeanor for any person, firm or corporation operating a grocery store, hotel, market, cold storage house, restaurant, or any public place designed to receive for storage, to store any wildlife which has been killed, unless the person offering to store such wildlife shall first exhibit a proper game and fish license, together with a written permission from the Commission or their designated officials, to ~tore such wildlife, which permit shall be kept by the person, firm or corporation accepting such wildlife for storage. Said permit shall be exhibited on demand to any agent or representative for the Commission. Any person violating this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 521; Code Ann. 45-533, 45-534.) 21. KILLING OF NON-GAME BIRDS ILLEGALDESTRUCTION OF NESTS AND EGGS. Except as otherwise provided by the wildlife laws, rules and regulations, any person who shall kill take or capture 01 38 have in his possession any wild non-game bird, or take vr destroy the nest or eggs of any non-game bird or have the same in his possession, shall be guilty of a misdemeanor and punished as provided by law; provided, that any person may ship into this State birds mounted for millinery purposes. (Ga. Laws 1955, pp. 483, 523; Code Ann., 45-611.) 22. CONFISCATION OF HIDES, FURS, ETC. ILLEGALLY TAKEN. Wildlife rangers, sheriffs and other peace officers of this state or any county or municipality thereof shall seize any furs, hides, or pelts taken, captured or killed in violation of the wildlife laws and regulations, which shall be sold or disposed of in such manner as the Director of the Game and Fish Commission may direct, anytime after the expiration of 30 days following such seizure, unless the owner thereof files claim within such time in the city, county or superior court having jurisdiction in the county where such seizure was made, which claim shall be tried as other civil cases in said Court. (Ga. Laws 1956, pp. 590; Code Ann., 45-537.) 39 CHAPTER V TRAPPING 1. COMMISSION TO DESIGNATE SPECIES AND SEASONS. The Commission shall, by the promulgation of rules and regulations, designate the kinds and species of wildlife that can be lawfully trapped during trapping seasons. It shall be unlawful for any person, firm or corporation to trap out of season, or to trap any wildlife in thif-1 State unless it is the kind and species designated in the rules and regulations of the Commission. Provided, that it shall be lawful for any person to set steel traps within two hundred yards of the residence or dwelling of any such person for the protection of livestock, poultry, or other fowl or domesticated animals from any vermin or predatory animal, bird or fowl. (Ga. L aws 1955, pp. 483, 521; Code Ann., 45-601.) 2. TRAPS TO BE STAMPED WITH OWNER'S NAME. All traps set or used for the purpose of taking wildlife shall be stamped with the owner's name in such a manner that the same shall be legible at all times. Any trap or traps found that are not stamped as required above may be confiscated and destroyed by the Commission, its officers, and wildlife rangers. (Ga. Laws 1955, pp. 483, 522; Code Ann., 45-602.) 3. EMERGENCY TRAPPING PERMITS. In times of emergency, where the health and welfare of the people in a locality are in danger, the Commission may issue permits allowing trapping by designated persons in certain defined localities for the purpose of protecting the public health and welfare. Such designated persons shall not be required to have a trappers' license to carry out such emergency trapping. (Ga. Laws 1955, pp. 483, 522; Code Ann., 45-603.) 4. TRAPPING ON LANDS OF ANOTHER-WRITTEN CONSENT. It shall be unlawful for any person to set or place any trap, or bait the same upon the lands of, or in the waters adjoining the lands of any person, for the purposes of taking, capturing or killing any wildlife upon the lands of another except during the open seasons on such wildlife, and then only after such persons have obtained the written consent of the owner of the lands, which written consent shall be upon the person who may be using or setting said device. (Ga. Laws 1955, pp. 483, 522; Code Ann., 45-604.) 5. CONFISCATION OF TRAPS, ETC., ILLEGALLY USED. It shall be the duty of the wildlife rangers to confiscate all traps, pitfalls, deadfalls, scaffold, catch, snare, net, salt lick, blind pig, baited hook, or other similar devices, used in violation of the wildlife laws, rules and regulations and to dispose of same as may be directed by the Commission. (Ga. Laws 1955, pp. !83, 522; Code Ann., 45-605.) 40 6. TRAPS TO BE INSPECTED EACH THIRTY-SIX HOURS. All traps shall be inspected within each thirtysix hours and anything caught therein shall be removed. (Ga. Laws 1955, pp. 483, 522; Code Ann., 45-606.) 7. REPORT TO LAND OWNER OF DOGS, FOWL, ETC., CAUGHT IN TRAPS. Persons trapping upon the lands of another shall at once make the owner of the lands a full written report of the head of stock, fowl, or dog caught in the trap or other trapping device set by such person, giving the date such stock, fowl, or dog was caught with full description thereof. (Ga. Laws 1955, pp. 483, 522; Code Ann. 45-607.) (a) When damage is done to any persons' stock, fowls, dogs or like property, by reason of being caught by said devices, the one setting or placing said devices shall be liable for all damages done by them. (Ga. Laws 1955, pp. 483, 522; Code Ann., 45-607.) 8. PENALTY FOR VIOLATION OF TRAPPING LAWS AND REGULATIONS. Any violation of the provisions of the trapping laws, including the rules and regulations of the Commission, shall be a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 523; Code Ann., 45-610.) 9. USE OF FIREARMS TO KILL MINK OR OTTER ILLEGAL-WHEN. It shall be a misdemeanor to use any kind of firearm to kill or injure mink or otter or to possess or offer for sale any mink or otter pelts killed by any kind of firearm; provided, that nothing herein shall prevent a person from killing any of said animals while they are destroying or damaging, or about to destroy or damage, such person's crops, domestic fowl or other personal property. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. (Ga. Laws 1955, pp. 483, 523; Code Ann., 45-609, 45-610.) 41 CHAPTER VI PEN-RAISED QUAIL 1. RAISING, SALE, ETC. Any person, firm or corporation may engage in the business of propagating pen-raised quail, commonly known as bobwhite quail, for restocking, propagation and other commercial purposes by complying with the provisions of this law, and may thereafter sell either live quail or the carcasses of such pen-raised quail for any purpose, including sale for food, either within or without this State. (Ga. Laws 1956, p. 48; Code Ann. 45-535.) 2. DEFINITION OF PEN-RAISED QUAIL. A p.enraised quail is a quail that has been hatched from an egg laid by a quail confined in a pen or coop and has itself been wholly raised in a pen or coop by a duly licensed quail breeder holding a permit as provided by law from the Game and Fish Commission. (Ga. Laws 1956, p. 48; Code Ann. 45-535.) 3. LICENSE. A Commercial Quail Breeder's License must first be obtained from the Game and Fish Commission, or its agents, and said license shall be applied for within one year after the passage of this Chapter, and each year thereafter, and shall be valid from April 1st to March 31st next following, upon payment of Twenty-five ($25.00) Dollars for each such license. Such license must bear a number as designated by the Game and Fish Commission, and shall be conspicuously exhibited at all times at the place where quail are bred. (Ga. Laws 1956, p. 48; Code Ann. 45-535.) 4. STAMP TO BE USED. Before any sale may be made of the carcass of any bobwhite quail, the holder of a Commercial Quail Breeder's license shall obtain and keep a rubber stamp on which there shall be affixed the name and address of the licensee and the year and number of his license, as follows : "Georgia Game and Fish Commission Commercial Quail Breeder's License, No.......... . ....... for 19.. , issued to............... of.........................., Ga." and said words thusly to be affixed to said rubber stamp shall be uniformly abbreviated, in order to facilitate the plain impression, by use of harmless ink, of said stamp upon the carcass of each quail, as prescribed by the Game and Fish Commission in its certificate, attached to the game breeder's license and issued, simultaneous with the sale of such license which certificate, when duly detached from said license, and delivered shall be the sole and exclusive authorization for any person, firm or corporation to manufacture or produce 42 one or more rubber stamps for the breeder named in such license. It shall be unlawful for any person, firm or corporation to manufacture or sell any such stamp withciprocal Agreement-Alabama A reciprocal agreement between the State of Georgia and the State of Alabama concerning the enforcement of the fishing la\.\s in the Chattahoochee River and impoundments thereon: I. Agreement WHEHEAS, by Act of the General Assembly of the State of Georgia of 1955, approved March 7, 1955, by the Governor (Ga. Laws 1955, p. 483-494; Ga. Code Ann. 45-122), and especially under autholity of Section 22 of said Act, the State Game and Fish Commission is authorized to enter into a reciprocal agreement with the duly constituted authority of the State of Alabama along with other adjoining States in the furtherance of the enforcement of the Game and Fish laws in the areas hereinafter described, whereby a valid fishing license issued by the State of Georgia will be accepted and honored as and in lieu of a fishing license for the State of Alabama for fishing on the banks and in the waters of the areas hereinafter described, and a valid fishing license issued by the State of Alabama will be accepted and honored as and in lieu of a fishing license for the State of Georgia for fishing on the banks and in the waters of the areas hereinafter described; and WHEREAS, by an Act of the Legislature of the State of Alabama at its 1957 Session, approved August 13, 1957, by the Governor (Act No. 196, 1957 Regular Session) the Department of Conservation of the State of Alabama is autholized to enter into a reciprocal agreement with the State of Georgia in furtherance of the fishing laws in the areas hereinafter described, whereby a valid fishing license issued by the State of Alabama will be accepted and honored as and in lieu of a fishing license of the State of Georgia for fishing on the banks and in the waters hereinafter described, and a valid fi shing license i~sued by the State of Georgia will be accepted and honored as and in lieu of a fishing license of the State of Alabama for fishing on the banks and in the waters of the areas hereinafter described; and WHEREAS, it is the de:;ire of the States of Georgia and Alabama to adopt and enforce rules and regulations covering the preservation, propagation and taking of fish in and from the waters of the Chattahoochee l~iver and the impoundments thereon by Goat Rock 129 Dam and Bartlett's Ferry Dam located thereon, and such other impoundments which may be constructed at some future time but not other streams and tributaries which flow into said River or impounded waters so that the laws and rules pertaining to fishing applying throughout such areas shall become as uniform as possible and so that the licenses issued by one State shall be recognized and honored by the agents of the other State within such areas as concerns sports fishing. NOW, THEREFORE, it is agreed by and between the State of Georgia, acting by and through the Director of its State Game and Fish Commission, and the State of Alabama, acting by and through the Director of its Department of Conservation that: DEFINITIONS for the purpose of this agreement "sports fishing" as herein used shall be defined as the lawful taking of fish by ordinary hook and line, pole, casting with reel and rod, and use of artificial lures, spinning reel and rod, or by fly rod. The area affected by this agreement shall be defined as either the water or from the banks of said water of the Chattahoochee River or the impoundments thereof by Goat Rock Dam and by Bartlett's FerTy Dam from the Great Bend of the Chattahoochee River, fonnerly known as Miller's Bend, and thence along and down the said Chattahoochee River to its junction with the south boundary line of Alabama. 1. Any resident of the State of Alaba ma may sports fish as herein defined in any of the waters of the areas above described and on the Georgia side of the boundary line between the State of Alabama and the State of Georgia which is recognized to be the western bank of the said Chattahoochee River along the line or li~it of the high-water mark from what was formerly known as Miller's Bend to its junction with the south boundary line of Alabama as herein defined, if he has obtained and has in his possession while so fishing the permits and/or licenses required by the State of Alabama for fishing from the land and in the waters, and like permits and/or licenses required and issued by the State of Georgia for fishing from the land and in the waters of its own residents while so fishing. 2. Any resident of the State of Georgia may sports fish as herein defined in any of the waters or from the banks therof of the areas herein described and on the Alabama side of the boundary line between the State of Georgia and the State of Alabama as recognized in paragraph 1 hereof if he has obtained and has in his 130 possession while so fishing the permits and/or licenses required by the State of Georgia, for fishing from the land and in the waters, or like permits and/or licenses for fishing from the land or in the waters, required and issued by the State of Alabama of its own residents while so fishing. 3. No license or permit shall be required by either State of any person a resident of either State Sixteen (16) years of age or younger, and honorary permits issued to persons over sixty-five (65) years of age to residents of the issuing State shall be recognized by the other State, party hereto. 4. The following rules and regulations, until changed by law or by agreement of the parties hereto, shall govern all fishing in the area: (a) No person shall take, catch or have in possession, on any one day, on the above described waters or the land adjacent thereto more than fifteen (15) in the aggregate of all species of Black Bass or more than seventy (70) in the aggregate of all species of Bream or more than one day's creel limit of any other species of game fish, or take, catch or have in possession more than seventy-five (75) in the aggregate of all species of game fish. The daily creel limit set forth as follows: Daily Creel Limit Black Bass: (Largemouth, Smallmouth, Kentucky, or Spotted, Red Eye or Coosa) _______________________________ 15 Bass: Saltwater Striped or Rockfish (taken in fresh water) ------------------------------------------ ------------------------15 Bass: White Bass ____ ----------------------------------------------------30 Yellow Bass ------------------------------------------------------ 30 Bream: (Bluegill, Redbreast, Rock Bass and all other species of bream) ________________________________________ 70 Crappie: White and Black__________________________________________40 Wall Eyed Pike ---- ---------------------- -----------------------------------15 Pickeral: Any species______________________________________________ 15 Yellow Perch -----------------------------------------------------------------30 (b) The use of traps, seines and nets for the taking of fish from said waters is hereby prohibited; provided, however, that seines meeting the requirements of the respective States for catching minnows for use as live bait; and provided, further that baskets and trot lines may be used for catching and taking non-game fish, upon securing f r om the proper a uthority or authorities of the Stat e upon whose side of the boundary line between t he States such basket or trot line is used, any license required for the use of such basket or trot line, and upon compliance with any other laws or rules of the State governing the use of such basket s or trot lines. 131 5. The parties hereto agree that the rules and regulations adopted herein or hereafter to be adopted, shall be published in newspapers circulating in the area at least once a week for three successive weeks prior to the effective date of same, so that the citizens and residents of both States may be fully informed there about at all times. A copy of this agreement shall be published immediately as above provided. G. Except as modified and changed hereby, all prevailing laws, rules and regulations of each State now existing or thereafter adopted shall remain in full force and effect over all waters lying within the boundaries of the respective States. 7. The parties hereto hereby agree that this agreement shall become effective as of the first day of April, 1958. IT IS FURTHER UNDERSTOOD AND AGREED that either State, party to this agreement, may abrogate and cancel the same upon 90 days written notice to the other party of such cancellation, such notice to be directed and delivered to the Director of the Department of State having jurisdiction of such matters if the respective State to be so notified. IN WITNESS WHEREOF, the State of Georgia, acting by and through Fulton Lovell, Director of the State Game and Fish Commission, duly authorized, has executed this agreement on the 11th day of February, 1958. THE STATE OF GEORGIA Fulton Lovell, Director State Game and Fish Commission IN FURTHER WITNESS WHEREOF, . the State of Alabama, acting by and through William H. Drinkard, Director of the Department of Conservation, State of Alabama, duly authorized this agreement on the 11th day of February, 1958. THE STATE OF ALABAMA William H. Drinkard, Director Department of Conservation 2. Rules and Regulations Pursuant to and by authority of an Act of the General Assembly of Georgia, completely and exha ustively revising and superseding the laws r elative to the State Game and Fish Commission, game and fish, and wildlife approved March 7, 1955 (Ga. Laws 1955, p. 483), and more particularly Section 14 thereof, and in compliance with the provisions of a certain Reciprocal 132 Agreement made and entered into between the States of Georgia and Alabama on February 11, 1958, the following rules and regulations are hereby promulgated and ad'lpt>!d, to wit: These rules and regulations shall pertain to sports fishing only, which shall for the purposes of these rules and regulations be defined as the lawful taking of fish by ordinary hook and line, pole, casting with reel and rod, and use of artificial lures, spinning reel and rod, or by fly rod. The area to which these rules and regulations shall apply shall be defined as either the water or from the banks of said water of the Chattahoochee River or the impoundments thereof by Goat Rocks Dam and by Bartlett's Ferry Dam from the Great Bend of the Chattahoochee River, formerly known as Miller's Bend, and thence along and down the said Chattahoochee River to its junction with the south boundary line of Alabama. 1. Any resident of the State of Alabama may sports fish as herein defined in any of the waters of the areas above described and on the Georgia side of the boundary line between the State of Alabama and the State of Georgia which is recognized to be the western bank of the said Chattahoochee River along the line or limit of the high-water mark from what was formerly known as Miller's Bend to its junction with the south boundary line of Alabama as herein defined, if he has obtained and has in his possession while so fishing the permits and/or licenses required by the State of Alabama for fishing from the land and in the waters, or like permits and/ or licenses required and issued by the State of Georgia for fishing from the land and in the waters of its own residents while so fishing. No person shall take, catch or have in possession, on any one day, on the above-described waters or the land adjacent thereto more than fifteen (15) in the aggregate of all species of Black Bass or more than seventy (70) in the aggregate of all species of Bream or more than one day's creel limit of any other species of game fish, or take, catch or have in possession more than seventy-five (75) in the aggregate of all species of game fish. The daily creel limit is specifically set forth as follows: Daily Creel Limit Black Bass: (Largemouth, Smallmouth, Kentucky, or Spotted, Red Eye or Coosa) . ..... ...... .15 Bass: Saltwater, Striped or Rockfish (taken in fresh water). . .15 Bass: White Bass - 30 Yellow Bass ... 30 133 Bream: (Bluegill, Redbreast, Rock Bass and all other species or Bream) ------------------------------------70 Crappie: White and Black______________________________________40 Wall Eyed Pike ------------------------------------------------------ 15 Pickerel: Any species________________________________ . _______15 Yellow Perch ....------------------------------------------------------------- 30 The effective date of the above and foregoing rules and regulations shall be April 1, 1958, and shall remain in force and effect until repealed, changed or modified, but not longer than the Agreement hereinabove referred to between the States of Alabama and Georgia shall be in full force and effect according to the provisions thereof. In addition to complying with the provisions of Section 15-a of the Act of the General Assembly hereinabove referred to, these rules and regulations shall be published immediately in newspapers circulating in the area affected at least once a week for three successive weeks prior to the effective date of same. Any rules and regulations "or parts thereof in conflict herewith are hereby repealed. (Adopted February 10, 1958). CAPTURE OF ROUGH FISH BY BOW AND ARROW This regulation provides for the taking of rough fish solely for the purpose of sport in the public water of the State. It shall be lawful in the State of Georgia to use Bow and Arrow for the taking of rough fish from the public waters of the State of Georgia with the exception of classified, or waters designated as trout streams from June 1 through March 14. SEASON CLOSED FROM MARCH 15 THROUGH MAY 31. "Rough Fish" shall be defined in the laws of the regu- lations of the State Game and Fish Commission. A regular fishing license will be on the person using such Bow and Arrow while the user is in the act of hunting or taking fish. The license so designated will mean the regular fishing license for residents and nonresidents as described in the laws. An archer must be capable of drawing an arrow suitable for the taking of game and fish and his full draw and shooting will carry the arrow from the bow a disstance of 100 yards. The arrows shall be so equipped with barbs, or other devices on the point to act as a harpoon for recovering fish. The arrows discharged by any archer will be attached to the person or bow by a wirt, rope, line, or cord, sufficient for recovering th arrows or rough fish. Arrows with poisonous or exploding heads are illegal. Shooting from any bridge, public road, or elevation above water level shall be illegal. 134 Bows, clrawn, held, or released, by mechanical devices shall be unlawful for the taking of rough fish. It shall be illegal to discharge arrows into waters nearer htan 150 fe.ot from anyone engaged in any other means of legal fishing. Legal hours for the taking of rough fish by bow and arrow shall be from sun up to sun down. Any game fish in possession of bow and arrow fishermen shall be prima facie evidence of taking and possessing fish illegally. Any person who shall violate provisions of this regulation, or laws pertaining to fishing shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. All regulations that conflict with this regulation are hereby repealed. RECIPROCAL AGREEMENT BETWEEN THE STATE OF GEORGIA AND THE STATE OF FLORIDA CONCERNING THE ENFORCEMENT OF FISHING LAWS IN THE ST. MARY'S RIVER WHEREAS, by Act of the General Assembly of the State of Georgia of 1955, approved March 7, 1955, by the Governor (Ga. Laws 1955, p. 483-494; Ga. Code Ann. 45-122), and especially under authority of Section 22 of said Act, the State Game and Fish Commission is authorized to enter unto a reciprocal agreement with the ruly constituted authority of the State of Florida along with other adjoining States in the furtherance of the enforcement of the Game and Fish Laws in the areas hereinafter described, whereby a valid fishing license issued by the State of Georgia will be accepted and honored as and in lieu of a fishing license for the State of Florida for fishing on the banks and in the waters of the areas hereinafter described, and a valid fishing license issued by the State of Florida will be accepted a nd honored as and in lieu of a fishing license for the State of Georgia for fishing on the banks and in the waters of the areas hereinafter described: and WHEREAS, by an Act of the Legislature of the State of Florida at its 1961 Session, Chapter 61-523, Laws of Florida, was passed and filed in the office of the Secretary of State, June 22, 1961, by which the Florida Game and Fresh Water Fish Commission is authorized to enter into a reciprocal agreement with the State of Georgia relative to the taking of game and fresh water fish from the waters of the St. Mary's River, whereby a valid fishing license issued by the State of Florida will be accepted and honored as and in lieu of a fishing license of the State of Georgia for fishing on the banks and in the waters hereinafter 135 described, and a valid fishing license issued by the State of Georgia will be accepted and honored as and in lieu of a fishing license of the State of Florida for fishing on the banks and in the waters of the areas hereinafter described; and WHEREAS, it is the desire of the States of Georgia and Florida to adopt and enforce rules and regulations covering the preservation, propagation and taking of fish in and from the waters of the St. Mary's River, so that the rules and regulations pertaining to fishingapplying throughout such area shall become as uniform as possible, and so that the license issued by one State shall be recognized and honored by the agents of the other State within such areas as concern sports fishing: NOW, THEREFORE, it is agreed by and between the State of Georgia acting by and through the Director of the State Game and Fish Commission, and the State of Florida acting by and through its Director of the Game and Fresh Water Fish Commission: DEFINITIONS that for the purposes of this agreement "sports fishing'' as herein used shall be defined as the lawful taking of fish by ordinary hook and line, pole, casting with reel and rod, and use of artificial lures, spinning reel and rod, or by fly rod. The area affected by this agreement shall be defined as the waters of the St. Mary's River not to include its tributaries. 1. Any resident of the State of Florida, or nonresident holding a properly issued non-resident license to fish in Florida, may sport fish as herein defined in the waters of the area above described and on the Georgia side of the boundary line between the State of Florida and the State of Georgia, if he has obtained and has in his possession while so fishing the permits and/ or licenses required by the State of Florida for sports fishing from the land and in the waters above described, or like permits and/or licenses required and issued by the State of Georgia for fishing from the land and in the waters of its own residents, of non-residents, not resident of Florida, while so fishing. 2. Any resident of the State of Georgia, or non-resident holding a properly issued non-resident license to fish in the fresh waters of the State of Georgia, may sports fish as herein defined in the waters or from the banks thereof of the area herein described on the Florida side of the boundary line between the State of Georgia and the State of Florida if he has obtained and has in his possession while so fishing the permits and/or licenses required by the State of Georgia for 8ports fishing from the land and in the waters describecl 136 hereinabove, or like permits and/or licenses for fishing irom the land or in the waters hereinabove desc1ibed required and used by the State of Florida of its own residents or non-residents, not residents of the State of Georgia, while so fishing. 3. No license or permit shall be required by either State of any person a resident of either State sixteen (16) years or younger, and honorary permits issued to pmsons over sixty-five (65) years of age to residents of the issuing State shall be recognized by the other State, party hereto. 4. The following rules and regulations, until changed by law or by agreement of the parties hereto, shall govern all fishing in the area: (a) No person shall take, catch or have in possession, on any one day, on the above described waters or the land adjacent thereto more than fifteen (15) in the aggregate of all species of Black Bass or more than seventy (70) in the aggregate of all species of Bream or more than one day's creel limit of any other species of game fish, or take, catch or have in possession more that seventy-five (75) in the aggregate of all species of game fish. The daily creel limit is specifically set forth as follows: Daily Creel Limit Black Bass: (Largemouth, Smallmouth, Kentucky, or Spotted, Red Eye or Coosa). ... . ..15 Bass: Saltwater striped or rockfish (taken in fresh water) ..... ... ... 1 5 Bass: White Bass ........ 30 Yellow Bass 30 Bream: (Bluegill, Redbreast, Rock Bass and all other species of bream) ... .. 7 0 Crappie: White and Black ... ..40 Wall Eyed Pike ..... ...15 Pickerel: Any Species .. .15 Yellow Perch .... .................. ..30 (b) The use of traps, seines and nets for the taking of fish from said waters is hereby prohibited; provided, however, that minnow seines meeting the requirements of the respective States for catching minnows for use as live bl'.it may be used, and provided, further, that baskets and trot lines may be used for catching and taking non-game fish, upon securing from the proper authority or authorities of the State upon whose side of the boundary line between the States such basket or trot line is used, any license required for the use of such basket or trot line, and upon compliance with any other laws or rules of the State governing the use of such baskets or trot lines. 5. The parties hereto agree that the rules and 137 regulations adopted herein or hereafter to be arlopted, shall be published in newspapers circulating in the area at least once a week for three successive weeks prior to the effective date of same, so that the citizens and residents of both States may be fully informed thereabout at all times. A copy of this agreement shall be published immediately as above provided. 6. Except as modified and changed hereby, all prevailing laws, rules and regulati ons of each State now existing or h ereafter adopted shall r emain in full f orce and effect over all waters lying within the boundaries of the respective States. 7. The parties hereto hereby agree that this agreement shall become effective as of the 21st day of August, 1961. IT IS FURTHER UNDERSTOOD AND AGREED that either State, pa rty to this agreement, may abrogate and cancel the same upon ninety days written notice to the other party of such cancellation, such notice to be directed and delivered to the Director of the Department of State having jurisdiction of such matters of the respective State to be so notified. REGULATIONS RE LATING TO THE ESTABLISHMENT AND MANAGEMENT OF WILDLIFE SANCTUARY AT THE HOLY GHOST MONASTERY, ROCKDALE COUNTY, CONYERS, GEORGIA In the interest of the conservation and propagation of wildlife, there is hereby established a wildlife sanctuary at the Holy Ghost Monastery, Conyers, Geor gia, Rockdale County, con sisting of 1995.4 acreas . This sanctuary sha ll include a ll la nds a nd lakes located within the boundary of said Monastery. Within the boundaries of this Sanctuary, it shall be unlawful to take any wildlife (either animals or bids) in any manner whatsoever. Any p erson who sha ll violate any of the f oregoing provisions sha ll be g uilty of a misdem ean or a nd, upon conviction thereof, shall be punished as provided by law. PROCEDURES TO BE F OLLOWED IN CONNECTION WITH TH E OP ENING OR CLOSING OF CERTAIN AREAS TO COMMERCIA L SHRIMPING In accordance with the authority g ranted the Stat e Game and F ish Commis sion by the above ref er red t o Acts of t h e Ge:-~eral A ssemb ly of Georgia, it is hereby directed t hat t h e fo llowing procedures sh all be comp lied with in connection w ith th e opening or closin g of a sound, oth er body of salt wat er, or portion of the offshore waters of thi s State t o commercial shrimping when such opening or closin g is based on the count of shrimp taken t herefrom as provided f or in Section 138 94(f) of the Act of the General Assembly of Georgia approved March 7, 1955 (Ga. Laws, 1955, p. 483) and in Section 12 of Act No. 380, approved March 9, 1956 (Ga, Laws, 1956, p. 590): When the results of the periodic inspections of the coastal waters of this State, which shall be made by Game and Fish Commission agents in order to determine the sizes of shrimp present at various times, indicate that the Commission should exercise its authority to open or close a particular area or portion of these coastal waters to commercial shrimping, the Director of the Commission shall be notified and a formal inspection of the area shall be made by an inspection party composed of agents of the Commission and four residents of the county in which the area lies, three of whom shall be engaged in the shrimping industry of that county. Test samples of shrimp from several locations in the area being inspected shall be taken with a shrimp trawl of conventional try net size and which is constructed of webbing having a stretched mesh of not less than 1% inches. The shrimp from each test sample sha ll be weighed and the average heads on per pound county shall be determined for each of the several locations tested. At the conclusion of the inspection, the average heads on per pound count obtained from each of the several test samples shall be added together and the resultant average shall be considered as the heads on per pound count of shrimp in the area inspected. A detailed report of the inspection shall be signed by the members of the inspecting part and forwar ded to the Director of the Commission. When the average count of shrimp taken from such area is found to be fifty-five or less shrimp with heads on to the pound, the Director shall declare such area open to commercial shrimping. Should the average count of shrimp taken from such area be greater than fifty-five shrimp with heads on to the pound, the Director shall declare such a rea closed to commercial shrimping. In order to notify commercial fishermen of the opening or closing of these certain areas to commercial shrimping, the Commission shall have notices posted at least 24 hours in advance of such opening or closing, at the Courthouse and on a ll the shrimp docks in the county in which such area lies. Adva ntage shall also be taken of any additiona1 means of public notice as may be available. Any person who shall use a power-drawn net in the area declared closed to commercial shrimping- 139 in compliance with the foregoing procedures shall be guilty of a misdemeanor and punished as provided by Jaw. 140