GEORGIA GAME AND FISH LAWS ,
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'l'his code (Jontains a comp ~te codification of all of the laws of Ge~,>r
gia perfainirig't o huilting, tra.pphlg and inland and . tidewater fishing, including"the Ac8iof August S,. 19~, creating t he State Boar4 of Ga;me. . and Fish, proyiding for theafjl)ointment of a Tidewater Co ' sion~ '
ana~-enacting F eral laws regulating tidewater fishing, the ACt of,,
Au'{iust ~6, 19U.~nacting general amendments to the hunting, t rapp ing_
and inland~ laws, and also all UIUepealed pre-existing laws affect- ~.
ing hunting,trapP~i.n..g and inland and tidewater fishing.
GAME AND FISH LAW CODE
of the
STATE OF GEORGIA
Being a codification of all laws, pertaining to hunting and trapping and both inland and tidewater fishing.
Issued by the
STATE BOARD OF GAME AND FISH November, 1927 Peter S. Twitty,
State Game and Fish Commissioner, Atlanta, Ga.
PART FIRST
JUDGES OF THE SUPERIOR COURT
"Shall at each Term of Court, in every year give Specially in charge to the Grand Jury the law as to
PROTECTION OF GAME AND FISH"
(Acts 1911)
FISH DEFINED
"Oysters, Clams, Crabs, Shrimp, Prawn, Turtles, Terrapins and other crustacea, and all other fish, found in the Fresh and Salt Waters of the State suitable for food, shall be considered
FISH"
(Acts 1915-Approved November 27)
The Game and Fish Department of Georgia was revised and reorganized, by Acts of the General Assembly, approved August 8, 1924, and August 26, 1925.
DEPARTMENT OF GAME AND FISH ESTABLISHED; STATE BOARD OF GAME AND FISH; OFFICERS OF COMMISSIONER OF GAME AND FISH, AND TIDEWATER COMMISSIONER, CREATED. WARDENS, INSPECTORS AND PATROLMEN, PROVIDED FOR.
See Acts of 1924; the sectional numbers herein are the same as found in the printed Acts; but each section for convenience of reference is paragraphed and numbered consecutively; and references in the index are made to the paragraphed numbers which contain the subject matter desired.
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SECTION ONE
(Acts 1924)
PARAGRAPH 1. State Board of Game and Fish Created. The State Board of Game and Fish is hereby created and established, to be composed of three members to be appointed by the Governor, with the advice and consent of the Senate, one of whom shall reside in the Northern portion, one in the Southern portion, and one in the Tidewater region of the State.
PARAGRAPH 2. Members of Board, Appointment, and Term of Office. One of said members shall be appointed for a term of two years, one for a term of four years, and one for a term of six years, from the first day of January, 1925, and until their successors are appointed and qualified, and their successors shall be appointed for a term of six years, from the first day of January of the year of their appointment. All vacancies shall be filled only for their unexpired term.
PARAGRAPH 3. Commission, How Issued. The Governor shall issue commissions to the members of the Board appointed by him, and they shall qualify by taking the oath required of other officers of the State.
PARAGRAPH 4. Chairman Elected. Immediately after appointment and qualification the said members shall meet and elect a chairman.
PARAGRAPH 5. Meetings of Board, When, Where Held. The
meetings of said Board shall be held annually in the office of the Board,
on the first Monday in May of each year, but the chairman may call the Board into special session at any time and at any place, in the
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Tidewater Counties or elsewhere within the State most convenient for the transaction of the business to be considered.
PARAGRAPH 6. Compensation. The members of the Board
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shall receive as compensation, Ten Dollars a day, and expenses for
each day actually devoted to the service of the Board.
SECTION TWO (Acts 1924)
PARAGRAPH 7. "Board" Defined. The word "Board" shall mean the State Board of Game and Fish, unless otherwise required by the context.
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SECTION THREE (Acts 19~4)
PARAGRAPH 8. Office of State Board. The Governor shall make provisions in the State Capitol for office of the State Board of Game and Fish.
PARAGRAPH 9. Powers of Board. The State Board of Game and Fish hereby created shall be vested with all the authority, powers and duties, now vested in the State Department of Game and Fish.
COMMISSIONER OF GAME AND FISH
PARAGRAPH 10. Executive Officer of Board. The Board shall elect a State Commissioner of Game and Fish, who shall be the executive officer of the Board.
PARAGRAPH 11. Commissioner's Duties, Powers, and Authority. (See Acts 19~5, page 340.) It shall be the duty of the Game and Fish Commissioner as the executive officer of the Board of Game and Fish to enforce all the Game and Fish Laws of this State, as well as all rules and regulations of the Board of Game and Fish.
He shall faithfully account to the Board of Game and Fish for the operation of the affairs of the Game and Fish Department and shall be required to make writtenreports to said Board monthly or oftener upon demand.
PARAGRAPH 1~. All Officers and Employees Under Commissioner of Game and Fish. He shall be responsible for the conduct of all other officers and employees of the Game and Fish Department and such officers and employees shall at all times be subject to his direction.
PARAGRAPH 13. Other Duties and Powers of Commissioner. (See Acts 1915, page 7~.) The said Game and Fish Commissioner shall have authority to employ not exceeding three inspectors to carry into effect the provisions of the laws of this State for the protecfon of game and fish; said inspectors shall receive salaries not exceeding One Hundred ($100.00) Dollars per month, as may be ordered by the Commissioner. They shall take oath and give bond in the sum of One Thousand ($1,000.00) Dollars for the faithful performance of their duties. These inspectors shall have authority to carry out the provisions of this Act and to arrest persons violating the provisions
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thereof or any of the laws of said State covering the protection of game and fish.
PARAGRAPH 14. Commissioner May Employ Other Help. (See Acts 1915, page 78.) Said Game and Fish Commissioner is hereby empowered and directed to employ such other help as he may deem necessary in carrying out the provisions of this Act, and the other laws of the State for the protection of Game and Fish, compensation for such service to be paid out of funds derived for the protection of Game and Fish.
PARAGRAPH 15. Commissioner May Seize Game Unlawfully Killed, Etc. (See Parks Civil Code, ~158 (d). It shall be the duty of the Game and Fish Commissioner to seize or cause to be seized game birds, or other animals and fish caught or killed at any time in any manner, or which have been shipped, contrary to the provisions of this Act. Such game or fish so seized shall be donated to some charitable institution in this State, except live game birds, or other birds, animals or fi;;h, which shall be liberated. He shall, with wardens and deputy wardens and ex-officio wardens, be authorized to serve all criminal processes for violations of this act which could be served by the sheriffs and constables of this State.
PARAGRAPH 16. Commissioner to Prosecute Violators of the Law. (See Acts 19~, Section 8, page 10~.) It shall be the duty of the Commissioner to see that all laws now, or hereafter enacted for the protection, propagation, and preservation of game animals, game birds, or other wild animals or birds, and fish in the State are observed, and that violators thereof are promptly and speedily prosecuted.
PARAGRAPH 17. Commissioner to Appoint Wardens and Deputies. (See Acts 19~4, Section 8, page 10~.) The said Com:missioner shall appoint one or more Game and Fish Wardens, and Deputy Wardens in each of the several Counties of this State, and be vested with all the powers and authority and do and perform all duties now vested in the State Game and Fish Commissioner under the laws of this State, except as herein modified, or changed, under the general supervision and control of the State Board of Game and Fish.
PARAGRAPH 18. Game and Fish Wardens, Term of Office. (See Parks Civil Code, Paragraph ~158 (e). Said wardens to hold their office for a term of two years, unless sooner removed for cause ,by Commissioner.
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PARAGRAPH 19. Duties of Game Wardens. Such wardens and deputy wardens shall enforce all the provisions of this Act and all other laws in reference to Game and Fish in their respective County.
PARAGRAPH ~0. Special Compensation, When Allowed. Such wardens and deputy wardens shall receive Three Dollars per day while acting under the special direction of the Commissioner with reference to the discharge of their duties, which sum shall be paid out of the Game fund provided for by this Act.
PARAGRAPH ~1. Commissions or Fines, How Apportioned. Each County Warden shall receive one-fourth of all fines and forfei.:. tures and penalties collected in the County in which he holds ~:ffice, imposed for violation of any of the Game and Fish laws of this State, where he does not furnish the evidence necessary to convict.
H he does arrest or cause the arrest and furnish the evidence necessary to convict, then he shall have three-fourths of such fines, forfeitures and penalties.
Any person arresting or causing to be arrested offenders under any of the Game and Fish laws of this State and furnishing the evidence necessary to convict such offender!> shall receive one-half of the fines, forfeitures and penalties imposed and collected from such offenders and legal fees paid to constables. The remaining portion of fine imposed and collected shall be forfeited to the State Game Commissioner and by him turned to the treasury to the credit of the Game Protection Fund.
PARAGRAPH 2~. Wardens Shall Keep Record. All County Wardens shall keep a record in the office of the Clerk of the Court in their respective counties which records shall be open to the public giving the names of all parties holding resident county and State license and non-resident license issued by him. This record shall also show the names, offenses and fines imposed on all persons convicted for a violation of the Fish and Game laws of this State in the county of his jurisdiction.
PARAGRAPH ~3. Clerks of Court Shall Make Reports. (See Parks Civil Code Paragraph ~158 (h). The Clerk of each court in which prosecutions may be instituted for violations of this law shall promptly report to the Commissioner the result of said trial and the amount of fines, forfeitures and penalties collected, which said sum
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shall, after the deduction mentioned in Section 2158 (e), be forwarded to the Game Commissioner and be placed to the credit of the Game Protection Fund.
PARAGRAPH 24. Wardens F'ailing to Perform Duty. (See Parks Penal Code, Paragraph 594 (k). Any warden, deputy warden or ex-officio warden who shall fail to perform any act of duty placed upon him by this law shall be guilty of a misdemeanor, and upon conviction, shall be punished as is prescribed in Section 594 (b).
PAHAGRAPH 25. Record to Be Kept by Board. (See Act 1924, Section 3). The said Board of Game and Fish shall keep a record of all its acts and doings in a minute book provided for such purpose.
PARAGRAPH ~6. Commissioner Shall Be Ex-Officio Secretary to Board. (See Acts 1924, Section 3.) The State Game and Fish Commissioner shall be ex-officio Secretary of said Board and shall keep the minutes and records of the Board in Office of the Board in State Capitol, which shall be open to inspection like other records of the State.
PARAGRAPH 27. To Give Bond. (See Acts 1924, Section 3.) He shall give bond in the sum of Ten Thousand Dollars payable to the Governor of the State, in some good and solvent Surety Company, to be approved by Secretary of State, for the faithful performance of the duties of his office, and a proper accounting of all monies that may come into his hands as Commissioner. The premium of such bond shall be paid out of the State Game Protection Fund.
PARAGRAPH 28. How Commissioned and Term of Office. (See Acts 1924, Section 3). His term of office shall be four years, and until his successor is elected and qualified, and he shall be commissioned by the Governor upon taking the usual oath required of other officers.
The State Commissioner of Game and Fish in office on the first day of January, 1925, shall be the State Commissioner of Game and Fish under the terms of this Act, until the first day of January, 1926, at which time the Board shall elect his successor. All vacancies shall be filled for the unexpired term.
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SECTION FOUR
(Acts 1924)
PARAGRAPH 29. Tidewater Commissioner. The State Board of Game and Fish shall elect a Tidewater Commissioner, who shall be a resident of Tidewater Georgia, and who shall be ex-officio assistant Commissioner of Game and Fish, and shall act in the place and stead of such Commissioner, in the case of a vacancy in such office until such vacancy is filled by the Board.
PARAGRAPH 30. Term of Officer. Tidewater Commissioner shall be elected for a term expiring four years from the first day of January, 1925, and until his successor is elected and qualified. And his successor shall likewise be elected for a term of four years, and until a successor is elected and qualified.
PARAGRAPH :n. His Bond. The Tidewater Commissioner shall
give bond to the Governor in the sum of Ten Thousand Dollars in some good and solvent surety company to be approved by the Secretary of State, conditional for the faithful performance of the duties of his office, and a proper accounting of all monies, that may come into his hands as such Commissioner. The premium upon such bond shall be paid out of the Coastal Fisheries Fund.
PARAGRAPH 32. Books and Accounts. The Game and Fish Commissioner and Tidewater Commissioner shall keep a public record, disclosing all monies received and expended, and all such other information as may be necessary or proper in the conduct of the affairs and business of thier offices.
The books and accounts shall be audited, in the same way as the books and accounts of other Departments of the State are audited.
SECTION FIVE (Acts 1924)
PARAGRAPH 33. Seal of Office. The Tidewater Commissioner shall have and keep a seal of office, which shall be used to authenticate all papers and documents issued and executed by him as such officer
SECTION SIX (Acts 1924)
PARAGRAPH 34. Salary of Commissioner. The State Commissioner of Game and Fish shall receive a salary of Three Thousand
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Six Hundred Dollars, to be paid in equal installments out of the Game and Fish protection funds and said Tidewater Commissioner shall receive a salary of Three Thousand Dollars per annum payable only out of the fund known as the Coastal Fisheries Fund.
SECTION SEVEN (Acts 1924)
Duties, Power and Authority and Jurisdiction of Tidewater Commissioner and Establishment ofTidewater District.
PARAGRAPH 85. The Tidewater Commissioner. Shall under the general supervision of the State Board, have charge, control and management of the protection, propagation and distribution of food or game fish, shell fish, and crustacea in the following counties of this State, to-wit: Chatham, Bryan, Liberty, Mcintosh, Glynn, and Camden, which shall be known as Tidewater Georgia. He shall have the conduct, control and management of all hatching and biological stations, owned and operated, or that are hereafter acquired by the State in such Counties.
PARAGRAPH 86. Enforcement of Laws. He shall have charge of the enforcement of all laws for the protection of fish, shell fish, and crustacea, and the lands under water, which shall be or which have been designated, surveyed and mapped out pursuant to law, as oyster beds, or bottom or shell fish grounds.
PARAGRAPH 87. Lease Lands for Fish Culture. He shall have power to grant leases of lands for shell fish culture according to law; to grant licenses where the same are prescribed by law; also the power to employ, with the approval of the Board inspectors, patrolmen and other helpers in Tidewater, Georgia, provided that all inspectors appointed or employed shall devote their entire time to the service of the department, and provided further the salary of no inspector shall exceed Eighteen Hundred Dollars per annum.
SECTION EIGHT (Acts 1924)
" PARAGRAPH 88. Office of Tidewater Commissioner. It shall
be the duty of the Board to establish and equip an office for the Tidewater Commissioner in some convenient place in Tidewater, Georgia, and said Commissioner shall employ such other clerks and employees as may be necessary for the proper carrY:ng out of the office work, as shall be authorized by said Board.
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SECTION NINE (Acts 19~4)
PARAGRAPH 89. May Lease Oyster Beds, Term of Lease, Etc. It shall be lawful for the Tidewater Commissioner to lease to any citizen of this State, or to any Corporation chartered under the laws of this State, and having its principal shucking plant or canning factory in this State, portions of oyster beds or bottoms, for a period not exceeding twenty years, with privilege of renewal, at such rate as may be prescribed by the Tidewater Commissioner, but in no event can any person, firm, corporation or combination of persons, lease or hold in excess of one thousand acres, not to consist of more than two par..: eels, and he shall not have the privilege of this section until he has demonstrated to the Tidewater Commissioner his willingness, ability and intention to comply with the laws, as well as the rules and reguations prescribed by the Board for leasing and cultivating oyster beds.
PARAGRAPH 40. Water Front Owners, Their Rights. Owners of lands having water fronts thereon suitable for planting oysters, shall have prior rights over all other applicants for assignment and lease of oyster planting grounds adjacent thereto.
PARAGRAPH 41. Lease of Beds, How Obtained. All applications for lease of land under this Act, shal be made on blanks to be prescribed by the Board and shall be sworn to by the appEcant.
PARAGRAPH 4~. Deposit Required and Notice of Application. Each application shall be accompanied by a deposit of Ten Dollars as a guarantee of good faith and to apply on cost of Survey. Notice of such application shall be published once a week for four weeks in the official gazette of the county or counties in which such lands lie, four weeks prior thereto. H no good cause is shown to the contrary, the Commissioner may have said ground surveyed and a plat made thereof, and the grounds marked off, at the cost of the applicant, at the time the survey is made, and at the direction of the surveyor, with suitable stakes, smooth and free from snags, and spurs and suitable stakes shall be kept by the lessee in their proper places during the continuance of such lease, so as to conform accurately to the survey. Should such stakes be removed or rot down, or be carried away, the lessee shall replace them at his own expense in their proper places, and if he fails to do so within thirty days after being notified by the patrohnan of the District within which the ground lies, the lease shall be forfeited.
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SECTION TEN
(Acts 1924)
PARAGRAPH 43. Record of Survey. The survey and plat of any assignment as soon as practicable after it is made, and after said grounds shall have been assigned to said applicant shall be delivered to said applicant, who shall record the same in the office of the Clerk of the Superior Court of the County or Counties in which said ground lies, and a copy thereof shall also be filed in the office of the Tidewater Commissioner. The Surveyor, surveying such tracts so assigned shall make plats of surveys for such office, and for the person to whom such assignment is made. Such plat shall be duly recorded in such office in a well bound and substantial book, and indexed in the name of the Assignee. The Clerk of the Superior Court shall receive the same in his office the fee now required for recording deeds and plats in this State.
PARAGRAPH 44. Annual Rent. The annual rental of land leased under this Section shall be such an amount per acre as the Board may fix upon, but in no case less than Twenty-five Cents per acre, per annum, and shall be due on the first of September of each year after the date of the assignment, and payable on or before the first day of November following. H not paid on or before the first day of November, a twenty-five per cent fine shall be added, and the inspector of such District shall proceed to levy for rental and fines.
PARAGRAPH 45. Deposits of Shells or Oysters The lessee shall be required to deposit under the supervision of the inspector of his district within such time as may be designated by the Board n his lease, shells or oysters to the amount not less than Ten nor more than One Thousand bushels per acre for the entire area leased, the amount to be fixed by the Tidewater Commissioner; The lessee shall be required to deposit, under the supervision and direction of the Tidewater Commissioner, every year during the life of the lease, a number of bushels of shells or oysters on each acre of the tract or parcel of ground leased by him, equal to Twenty-five per centum of the number of bushels of oysters taken by him therefrom. The lessee shall be required to prove compliance with both of the provisions as to deposit of shell or oysters on the ground so leased by him, and in default of such proof the lease shall be annulled.
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SECTION ELEVEN
(Acts 1924)
PARAGRAPH 46. First Option to Lease Given to Persons Planting Oysters Prior to This Act. Any person who has planted oysters in good faith on lands prior to the passage of this Act, shall have the first option or refusal to have the said lands leased to him by the Tidewater Commissioner, who shall take the iact into consideration in fixing the lease fee to be charged.
SECTION TWELVE (Acts 1924)
PARAGRAPH 47. Misdemeanor to Stake in Oyster Beds, When. It shall not be lawful for any person to stake in or use, for the purpose of propagating oysters or shell fish, any natural oyster bed, rock, shoal, bottom, clamming or crabbing grounds which has not been assigned to him according to law; nor shall any person who may have occupied and staked off such natural bed, rock, shoal, clamming, or crabbing ground or bottom which has not been assigned to him according to law, continue to occupy the same. Any person violating this provision shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 1065 of the Penal Code.
PARAGRAPH 48. Removal of Stakes and Obstructions. Said person shall be notified by the Tidewater Commissioner to remove all stakes, watch houses, or other obstructions from such natural beds, rock or shoal, and if after notice such person refuse to remove such stakes, or other obstructions, the same shall be removed by the said Tidewater Commissioner, or patrolman, at the cost of the offender, who shall also be punished, as for misdemeanor.
SECTION THIRTEEN
(Acts 1924)
PARAGRAPH 49. Reasonable Time Allowed to Remove Oysters. When any re-survey of oyster planting grounds, or survey made to reestablish the lines of the State survey of natural oyster beds, rocks, or shoals, which may hereafter be made under the direction of the Tidewater Commissioner, it shall appear that the holder without his own default and by mistake of any officer of the State has had assigned to him and included in the plat of his assignment any portion of the natural oyster beds, rocks, or shoals, as defined by law, and it shall appear that any such holder has oysters or shells planted on said
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grounds, then before the stakes shall be removed from said grounds, or the same opened to the public, the said holder shall be allowed a reasonable time, the length of which shall be determined by the said Commissioner in his discretion, within which to remove his planted oysters, or shells from said ground under the supervision of the Tidewater Commissioner.
SECTION FOURTEEN
(Acts 1924)
PARAGRAPH 50. Patrolman Fined and Discharged. Any patrolman or surveyor who shall knowingly assign to any person any ground within the public survey of the natural oyster beds, rocks, or shoals or clam beds that have been set a:;,ide by the Commissioner, shall be fined _not less than One Hundred Dollars, nor more than Five Hundred Dollars, and any such assignment shall be void, and such official shall be discharged from the employ of the Department of Game and Fish.
SECTION FIFTEEN
(Acts 1924)
PARAGRAPH 51. lnterferring with Boundary Stakes A Misdemeanor. Any person who shall wilfully injure, remove or displace any boundary oyster stakes, range monuments, signal beacons, boundary stone or post, or bouy, or any appurtenance or inclosure therein erected, constructed or set by the Tidewater Commissioner, or by his order on the land or water of this State, or upon the lawful beds of any lessee, for the purpose of designating, locating, surveying or mapping any shell fish grounds, shall be guilty of a misdemeanor, and upon conviction shall be punished as for misdemeanor.
SECTION SIXTEEN
(Acts 1924)
PARAGRAPH 52. Larceny of Oysters and Shells Misdemeanor. Any person who shall take, steal, or carry away, without permission of the owner, any oysters, or shells, shall be deemed guilty of the larceny thereof. And upon conviction thereof shall be punished as for misdemeanor, and be confined in jail not less than three months, nor more than six months, or for a like time in the county chain gang and fined not less than Twenty-five Dollars, nor more than One Hundred Dollars for each offence.
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SECTION SEVENTEEN
(Acts 1924)
PARAGRAPH 53. Taxes on Dealers in Oysters, Hucksters, and Peddlers. All distributors or dealers, including manufacturers who are distributors or dealers, who sell oysters in this State, except those importing and selling the same in the original package in which brought to the State shall pay thereon an occupation tax as follows:
One cent on each sixty ounces of canned oysters, Two cents on each gallon of raw shucked oysters, Five cents on each bushel of oysters sold in shell.
PARAGRAPH 54. Tax on Shrimp and Prawn. And n addition to the foregoing taxes, a tax of one-sixteenth of a cent is hereby imposed upon every pound of shrimp or prawn caught or taken from the waters of this State for sale.
PARAGRAPH 55 Provided. That nothing in this act shall be construed to place a tax upon or prohibit the sale of oysters or shrimp for local consumption by peddlers or hucksters who sell direct to the consumer.
PARAGRAPH 56. Packages to Be Stamped. Each package containing oysters canned in this State, or raw shucked oysters, or oysters in the shell gathered in this State, shall be stamped by the manufacturer, or dealer, or distributor, with quantity of oysters contained in each can, barrel, or other package in which the same is offered for sale within the State, or shipped. Each distributor or dealer, including manufacturers who are distributors or dealers, shall place stamps in the amount necessary upon each of said packages to comply with the requirements of the occupation tax herein set out.
SECTION EIGHTEEN (Acts 1924)
PARAGRAPH 57. Misdemeanor to Catch and Transport Beyond State, Without Paying Tax. It shall be unlawful for any person to take or catch fish, or prawn, in this State and transport same beyond limits of this State without first bringing the same into a Georgia port, having the same weighed by Tidewater Commissioner or his authorized inspector or other assistant, and paying the tax thereon before the same are permitted to leave the boundaries of this State. Any person violating the provisions of this section shall, upon conviction, be punished as for a misdemeanor.
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SECTION NINETEEN (Acts 19~4)
PARAGRAPH 58. Occupation Stamps. The State Board of Game and Fish shall adopt an occupation stamp or stamps of such size and denomination as shall be deemed advisable by the Board, which shall have a serial number, and be of such design as such board shall elect suitable for the purpose of stamping the cans and packages in which oysters are canned or shipped as herein before provided. Said Board shall provide for the sale of such stamps by the Tidewater Commissioner direct to the distributors, dealers and manufacturers, as will best meet the requirements of such.
SECTION TWENTY (Acts 19~4)
PARAGRAPH 59. Counterfeiting Stamps, Felony. It shall be unlawful for any person or persons to counterfeit any stamps adopted by the State Board of Game and Fish, or to purchase any similar thereto, or aid or assist in uttering the same, or to use or attempt to use a stamp more than one time. Any person or persons, firm or cor. poration violating the provisions of this section shall be guilty of a felony, and on conviction shall be punished as provided for in Section ~31 of the Penal Code of Georgia, 1910.
SECTION TWENTY-ONE
(Acts 19~4)
PARAGRAPH 60. Sale Unstamped Oysters, Misdemeanor. It shall be unlawful for any person or persons, firm or corporation, to sell, ship or receive for sale any canned oysters, raw shucked oysters, or oysters to be sold in the shell, except there be affixed to each package a stamp or stamps furnished by the State Board of Game and Fish, indicating that the said occupation tax thereon has been paid. Any person or persons, firm or corporation, violating the provisions of this section, shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 1065 of the Penal Code of 1910. A can or package of sea food stamped to comply with the provisions of this Act shall not be subject to a further tax when passing through the hands of another distributor.
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SECTION TWENTY-TWO (Acts 1924)
PARAGRAPH 61. Oysters Sold in Shell, How Measured. All oysters sold in the shell in this State in Tidewater Georgia shall be meastlred in a circular tub, with straight sides, straight and solid bottoms, with holes in bottom not more than one-half inch in diameter. A bushel tub shall measure eighteen inches from the inside across the bottom, and twenty-one inches from the bottom to the top of chime.
PARAGRAPH 62. Measures to Be Stamped. All measures used for buying and selling oysters shall have a brand, to be adopted by the State Board of Game and Fish, stamped thereon by the Tidewater Commissioner or his lawful inspector or patrolman.
PARAGRAPH 63. Misdemeanor to Violate this Section. Any person or persons violating this section (22) shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Ten Dollars nor more than Fifty Dollars, or imprisoned for not less than ten . days, nor more than thirty days, in the discretion of the court; and all measures found in the possession of any person not meeting the requirements of this section shall be destroyed by the Tidewater CommiSSIOner.
SECTION TWENTY-THREE
(Acts 1924) PARAGRAPH 64. Dealer's Record to Be Kept. All persons owning or operating canning factories, shucking plants, or otherwise dealing in or supplying shrimp or oysters for commercial purposes, shall keep a record in which shall be entered the amount of oysters and shrimp taken from Georgia waters, the name of each person from whom they shall purchase oysters and shrimp, together with the date of the purchase and quantity purchased; the name, number and approximate tonnage of the boat in which they were brought to the factory, the quantity canned and packed for shipment and the date and amount of each shipment as well as a record of all raw shipped oysters and shrimp and oysters sold in shell, and make an itemized written report to the Tidewater Commissioner not later than the fifth day of each month.
PARAGRAPH 65. File on Bills of Lading. They shall also keep on file copies of bills of lading for each shipment; said book and said file
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for bills of lading to be open at all times to the inspection of the Tidewater Commissioner, or his agents, or employees, or the Comptroller- . General or his agents, and they shall between the first and fifteenth day of May in each year, make a report to the Tidewater Commissioner of the number. of canned oysters and the number of stamps of each denomination on hand on the first day of May.
PARAGRAPH 66. Misdemeanor to Violate Above Section. Any person or persons violating the provisions of this Section (~8) shall be guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-five Dollars nor more than Two Hundred Dollars, or be imprisoned for not more than six months nor less than thirty days on the public works of the county.
SECTION TWENTY-FOUR (Acts 19~4)
PARAGRAPH 67. Persons Who May Come Under the Provisions of This Act. Any person, firm or corporation owning private oyster beds in Tidewater Georgia may come under the provisions of this Act and have the same protection as is afforded the lessee of State-owned oyster grounds under the provisions of this Act, by planting oysters on such grounds and placing oysters or shells thereon in the manner prescribed for leased oyster lands under the provisions of this Act.
SECTION TWENTY-FIVE (Acts 19~4)
PARAGRAPH 68. Tidewater Inspector and Patrolman Bond Required. Before entering upon the discharge of his official duties each Tidewater Inspector and Patrolman shall give bond in the sum of One Thousand Dollars, payable to the Governor, with sufficient security, to be approved by the ordinary of his resident County, conditional that he will well and truly account for and legally apply all monies which may come into his hands in his official capacity, and to pay all judgments rendered against said Inspector or Patrolman for malicious prosecution or for unlawful search or impr:sonment, and that he will faithfully perform all the duties enjoined upon him by law.
PARAGRAPH 69 Powers of Inspectors, Patrolmen and Wardens. The County Game Wardens of this State, the Tidewater Inspectors, and the Tidewater Patrolmen shall be vested with all the powers and authority now vested by law in the Game and Fish Wardens of the
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State, and also in the Sheriffs and Constables of this State for the protection of game and fish and shell fish and the forests of this State. The Tidewater Inspector shall exercise all the powers and perform all the duties of the Game and Fish Wardens in the Tidewater Counties of the State.
SECTION TWENTY-SIX (Acts 19~4)
PARAGRAPH 70. Board's Authority to Regulate Fishing, Etc. The Board of Game and Fish is hereby authorized to regulate, prohibit, or restrict in time, place, character or dimensions the use of nets, appliances, apparatus, and all means employed in taking or killing fish, any kind of sea food, to regulate the season at which the various species may be taken in the several waters of this State and to prescribe the minimum size of fish, oysters and other sea food, which may be taken in the said waters of the State, which may be bought, sold or held in possession by any firm, person or corporation in this State.
PARAGRAPH 71. Prescribe and Adopt Lease Forms. To prescribe and adopt forms of leases and applications therefor, and other forms of reports and applications provided for by this Act.
PARAGRAPH 7~. Purchase of Boats Authorized. Said Board is authorized to purchase and hold for and in the name of the State of Georgia such boats and other equipment as may be necessary to carry on the work of the department.
PARAGRAPH 73. Power to Open and Close Lands or Waters. Also the power to open or close certain designated land or waters for hunting or taking fish or oysters when the same is necessary for the conservation of the supply.
PARAGRAPH 74. Employment of Surveyors. Said Board is further authorized and empowered to employ surveyors and other help that may be necessary for the purpose of surveying any of the oyster lands in Tidewater Georgia, to be leased under the provisions of this Act.
PARAGRAPH 75. Publication of Regulations. All such regulations after being published once a week for four consecutive weeks in some newspaper of general circulation in one of the Tidewater Counties
17
of Georgia shall be recorded in the minutes of the Board and shall be of equal force and effect with the provisions of this Act.
"Note" These rules and regulations as promulgated by the "Board" from time to time are published in separate pamphlet forms and may be had by applying to the Board of Game and Fish, Atlanta, Georgia.
PARAGRAPH 76. Rules Governing Shipment of Fish, Oysters, Etc. The Board shall have power and authority to make such rules regulating the shipment and transportation of fish, oysters, clams, crabs, escallops and other water products as it may be deemed necessary.
PARAGRAPH 77. Regulations Changed, to Go Into When. In making regulations the Board shall give due weight and consideration to all factors which will affect the right of any individual or a present investment in fisheries, and no change in the existing rules and regulations which, if it should go into effect immediately, would tend to cause persons to sustain loss to their property, shall go into effect until one year from the date the change has been made by the Board.
PARAGRAPH 78. Special Penalty Provided for Violation of Rules and Regulations of Board. (See Section 26 Acts 1924.) Any person violating the provisions of this Section (26) or any of the rules and regulations promulgated by said Board pursuant hereto, shall be guilty of a misdemeanor, and upon conviction, shall be fined or imprisoned, at the discretion of the Court.
(Note). "The Act of 1924, providing special penalties for the violation of specifically prohibited acts, as well as providing generally for the punishment of any person violating any law, statute, or rule or regulations of Board of Game and Fish." These rules and regulations as promulgated by the "Board" from time to time are published in separate pamphlets forms and may be had by applying to the Board of Game and Fish, Atlanta, Georgia.
SECTION TWENTY-SEVEN (Acts 1924)
PARAGRAPH 79. Hearing Given As to Proposed Changes in Regulations. When a petition signed by five or more voters of the
18
district or community which will be effected by the proposed changes is filed with the Board through the Tidewater Commissioner, they may be heard regarding the change. The Board shall in that event designate by advertisement for a period of thirty days at the Court House and three other public places in the County, and also by publication in a newspaper in the said County, once a week for two consecutive weeks, a place at which said Board shall meet and hear arguments for and against said change, and may ratify, rescind or alter their previous order, as may seem just in the premises.
SECTION TWENTY-EIGHT (Acts 1924)
PARAGRAPH 80. Non-Residents Prohibited from Taking Shrimp' Prawn, Etc. All persons not citizens of the State are hereby prohibited from engaging in the taking or catching of shrimp or prawn from the salt waters of this State for commercial purposes.
PARAGRAPH 81. Provided. That where the Board is shown that a bona fide Georgia concern owning and oper!].ting a packing or canning plant, duly licensed by the State and having its own fleet o boats, cannot operate all or a part of such fleet by reason of inability to secure competent fishermen, that in such event said Board shall license such boats to be manned by alien fishermen by paying Ten Dollars per fisherman in addition to any license required of such boats.
PARAGRAPH 82. Provided Further. That the foregoing provisions of this Section shall not apply to an alien who has had a fixed and continuous residence in this State for a period of three years prior to January 1, 1925, and who shall have filed his first citizenship papers signifying his intention to become a citizen of the United States; these conditions to be proved .to the satisfaction of the Tidewater Commissioner before license shall be issued, it being the full intent of this section that all boats shall be manned by citizens of this State unless as herein provided.
SECTION TWENTY-NINE (Acts 1924)
PARAGRAPH 83. License to Operate Boats, to Whom Issued. No license to operate a boat for the purpose of taking fish, oysters or other sea-food from the waters of this State shall be issued except to a bona fide citizen thereof, or to a resident corporation, or to that class of aliens described in Section 28 of this Act, provided that all
19
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persons or corporations holding licenses under this Section shall be prohibited from employmg any person not a citizen of this State, except as provided in Section (28) of this Act, and provided further that should the owner of any boat duly licensed under the laws of this State sell or transfer said boat by bill of sale or otherwise to any person not a citizen of this State or resident corporation as aforesaid, then said license shall become null and void.
PARAGRAPH 84. Violation A Misdemeanor. Any person violating the provisions of this Section (29) shall, upon conviction, be punished as for a misdemeanor.
SECTION THIRTY (Acts 1924)
PARAGRAPH 85. Duty of Sheriffs, Etc., As to Warrants, Writs, Etc. It shall be the duty of all Sheriffs and Deputy Sheriffs and Constables in Tidewater Georgia, to execute all writs and warrants placed in their hands against violators of the Game and Fish laws, and it is also made the duty of such Sheriffs, Deputy Sheriffs, and Constables to report to the Tidewater Commissioner all violations of the Game and Fish laws that come under their knowledge, and procure warrants for such offenders and apprehend the same.
SECTION THIRTY-ONE (Acts 1924)
PARAGRAPH 86. Game and Fish Protection Fund. All moneys collected or derived from hunting license, fines for violating hunting laws, or other receipts derived from the enforcement of the laws pertaining to game and fresh water fishing shall be kept in a fund to be known as the Game and Fish Protection Fund.
PARAGRAPH 87. Coastal Fisheries Fund. All moneys derived from boat license, salt water fishing, tax on sea-food, fines, forfeitures, leases, or other sources from Tidewater Georgia, shall be kept in separate fund known as the Coastal Fisheries Fund.
SECTION THIRTY-TWO (Acts 1924)
PARAGRAPH 88. Funds from Which Expenses Paid. The Game and Fish Protection Fund shall be used to defray the expenses of the State Board of Game and Fish, salary of the State Commissioner of Game and Fish, and all other legally authorized expenses for the year
20
in which the same is collected and the following fiscal year and at end of the following fiscal year the surplus, if any, shall be paid over to the State Treasurer for the benefit of the common schools of Georgia.
The Coastal Fisheries Fund. Shall be used to defray the expenses of the State Board of Game and Fish in Tidewater Georgia, and for the protection, propagation and distribution of sea-food during the first year in which received and the following fiscal year, and at the end of the said fiscal year the surplus remaining shall be paid to the State Treasurer for the benefit of the common school fund of Georgia.
SECTION THIRTY-THREE (Acts 19~4)
PARAGRAPH 89. Heading Shrimp or Prawn, When Unlawful. It shall be unlawful to head shrimp or prawn on the fishing grounds where the same are caught, or where shrimp or prawn commonly run or are caught.
PARAGRAPH 90. Possession Prima Facie Evidence. When headless shrimp or prawn are found in the possession of any person while on the salt waters of this State, the same shall be accepted as prima facie proof that said shrimp or prawn have been headed in violation of the terms of this Act.
PARAGRAPH 91. Misdemeanor. Any person violating the provisions of this Section (33) shall be punished as for a misdemeanor.
SECTION THIRTY-FOUR (Acts 19~4)
PARAGRAPH 92. Use of Nets Prohibited. The use of all nets except hand drawn nets in the inside salt water rivers, creeks, and estuaries is hereby prohibited.
PARAGRAPH 93. Use of Nets in Sounds Prohibited. The use of nets except hand drawn nets is prohibited in the sounds of this State during the months of March, April, May, June and July of each year.
PARAGRAPH 94. Boundary of Sounds. The boundary of sounds are as shown in Bulletin Nineteen of the United States Geodetic Survey.
PARAGRAPH 95. Outside Salt Waters. Are defined as those waters from the outermost part of the coast line to the limit of the three mile jurisdiction, and embrace that part of the Atlantic Ocean under the jurisdiction of the State of Georgia.
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PARAGRAPH 96. Inland Salt Waters. Embrace all waters not included in out-side salt waters, and include all sounds, estuaries salt water rivers and creeks.
PARAGRAPH 97. Misdemeanor to Violate. Any person violating any of the provisions of this Section (34) shall be guilty of a misdemeanor.
SECTION THIRTY-FIVE (Acts 1924)
PARAGRAPH 98. License for Boats. All boats engaged in taking fish, oysters or shrimp, or other sea-food for the purpose of sale from any of the waters of the State shall, before beginning operation, first secure from the Tidewater Commissioner a license and for this purpose the owner of the vessel must present in writing an application setting forth the name and description of said ves,sel, the name and post office address of the owner and the Captain of said vessel, the number of the crew, and such other data or information as the said Commissioner shall deem necessary; said application shall be made on blanks prescribed by the Commissioner and shall be made under oath and duly witnessed by an officer authorized by law to administer oaths; thereupon said Commissioner shall register said vessel and issue license upon payment of cost thereof. The schedule of licenses for boats shall be the same as provided in Section (3) of House Bill No. (267) approved August 19, 1919.
PARAGRAPH 99. License for Fishing Boats Required. (See Acts 1919, page 237, Section (3). No boat shall engage in commercial fishing in this State, without being provided with a license and shall take no individual Fisherman upon said boat, unless said fisherman is duly licensed.
PARAGRAPH 100. License Fees for Boats. (See Acts 1919, page 237, Section (3). A license fee of Five Dollars shall be levied on all bateaux. All boats propel ed by sail or power, of less than five tons shall pay a license fee of Ten Dollars. All boats of over five tons shall pay a license fee of Two Dollars per ton or fraction of a ton thereof.
PARAGRAPH 101. Metal License Tags Required on Boats. (See Acts 1925 page 340, Section (I). Every boat required by law to obtain a license, engaged in commercial fishing in Tidewater Georgia, shall have securely fixed on each side of the bow thereof, and conspicously displayed in order that it may be read from a reasonable
22
distance, a Metal License Tag, of such style and size, as may be prescribed by the State Board of Game and Fish.
PARAGRAPH 102. Cost of Tag, Paid by Licensee. (See Acts 1925, page 339-340, Section (I). The licensee of the said boat shall be required to pay in addition to the Boat license, such fee to cover the cost of said Tags as may be fixed by said Board. Provided the price of sa d tags shall not exceed One Dollar, per boat.
PARAGRAPH 103. Misdemeanor to Operate Boat Without Tags. (See Acts 1925, page 340, Section (1). H any person shall operate a boat, or if the owner thereof shall permit the same to be operated, contrary to the provisions of this Section, either or both of said persons shall be guilty of a misdemeanor.
PARAGRAPH 104. Record Book Must Be Kept. (See Acts 1925, page 340, Section (1). Every boat engaged in Commercial Fishing in Tidewater Georgia, shall be required to maintain, and carry thereon at all times a Record Book to be prescribed by the Board of Game and Fish showing the amount of Fish, Oysters, Prawn and other sea-food caught daily and to whom sold, the date of the sale and delivery, and such other information as may be required by said Board. Such record shall be open at all times, to the inspection of the duly authorized officers and deputies of the Game and Fish Department.
PARAGRAPH 105. Owners of Boats Required to Make Reports. (Acts 1925, Section 2, page 340.) The owner or licensee of, or any person operating said Boat shall be required to make such reports, monthly or otherwise as may be required by the Board of Game and Fish.
PARAGRAPH 106. Misdemeanor to Fail to Comply. (Acts 1925, page 340). Any person failing to keep the record herein required or failing to produce the same upon demand of a duly authorized officer or deputy or who shall in any manner fail to comply with t lte requirements of this Section shall be guilty of a misdemeanor.
SECTION THIRTY-SIX (Acts 1924)
PARAGRAPH 107. Commercial Fishing License Required. Any person desiring to take or catch fish from the salt waters of this StBte for Commercial purposes, shall first obtain from the Tidewater Commissioner a License therefor and said License, shall have effect, for a period of Twelve Months following date of the issue.
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The Fee for such individual License shall be Two Dollars.
PARAGRAPH 108. License to Whom Issued. No such license shall be issued to any person not a citizen of this State, and said license shall not be issued until the applicant therefor shall state under oath upon the application provided therefor by the Tidewater Commissioner, that he is a citizen of this State.
Provided: That fish licenses may be issued to persons not citizens of this State, under terms and conditions prescribed in Section (28) of this Act. (Acts 1924.)
PARAGRAPH 109. Felony to Falsely Obtain License. Any person procuring license under this or the next preceeding Section by falsely swearing to his citizenship shall be guilty of a Felony and be punished as provided in Section 231, of the Penal Code of Georgia, 1910.
SECTION THIRTY-SEVEN (Acts 1924)
PARAGRAPH 110. Tidewater Commissioner to Issue All Boat and Fishing Licenses. All boat and Fishing Lice~ses and other permits (except hunting license) heretofore issued by the Game and Fish Commissioner, in Tidewater Georgia, shall be issued by the Tidewater Commissioner after his appointment and qualification under this Act.
PARAGRAPH 111. Oysters, How and When Taken. (See Parks Civil Code (Chapter 7, Paragraph 1937). It shall not be lawful to prick, tong, dredge or in any other manner take or catch oysters from any of the waters of this State, except from private beds, from the first day of May to the thirty-first day of August, inclusive, of each and every year, except for the purpose of replanting the same in the waters of this State; nor shall it be lawful for oysters to be taken for any purpose during any season from one hour after sunset on Saturday until one hour before sunrise on the succeeding Monday.
PARAGRAPH 112. Unlawful to Rough Take Oysters. (See Parks Civil Code No. 1938). It shall not be lawful to "rough"takeor catch oysters from any of the public beds, within the waters of this State, unless the same shall be culled over beds, from which they may be taken except when the weather is such as to render it dangerous to
24
remain at the beds; Provided the terms of this Section shall not apply to the taking of oysters for the purpose of replanting the same in any of the waters of the State.
PARAGRAPH 113. Unlawful to Use Scoop, or Dredge. (See Parks C. C. No. 1940.) It shall not be lawful to take or catch any oysters in any of the waters of this State with or by a scoop, rake or dredge, or by the use of any other instrument than the oyster tongs heretofore in general use for taking oysters, except within .the waters more than one thousand feet distance from the shore line at ordinary mean low tide.
PARAGRAPH 114. Private Beds. Oysters may be taken by any means or device from any private bed by the owner or lessee thereof, and for the purpose of transplanting to other beds in this State from territory unleased within said limits of one thousand feet.
TERRAPINS AND TURTLES
PARAGRAPH 115. Time Within Which Terrapins May Not Be Taken. (Article 35 Parks Penal Code, Paragraph 595.) If any person shall capture Terrapins, in any of the rivers, estuaries, bays, sounds and creeks, or tidewaters of this State, by means of seins, nets, traps, or other device from the first day of March to the twenty-fifth day of July he shall be guilty of a misdemeanor.
PARAGRAPH 116. Female Terrapins Not to Be Captured. (Parks Penal Code, 596.) No person shall in any manner or at any time capture any female terrapins of a less size than five and one-half inches, measured lengthwise on the lower shell; and when any such terrapins are caught they shall be at once returned to the waters from which they were taken.
A violation of this Section shall be a misdemeanor.
PARAGRAPH 117. Evidence and Exception. (See Parks Penal Code 597). It shall be prima facie evidence of a violation of the two preceeding sections, for any person or persons to be found in possession of any terrapin of a less size than five and one-half inches, measured lengthwise on the lower shell at any season of the year, or of any terrapin of any kind, between the first of March and the Uth day of July.
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Provided that nothing in this Section shall be construed as to apply to persons owning and maintaining a bona fide, and duly established terrapin crawl or pen in which terrapins may be kept for the purpose of raising and cultivation.
PARAGRAPH 118. Regulations As to Nets. (See Parks .Penal Code 598.) H any person shall at any time use any seine, net, trap or other device for the capture of Terrapins, with meshes or openjngs smaller than five and one-half inches stretched, or four and one-fourth inches loose measure, he shall be guilty of a misdemeanor.
PARAGRAPH 119. Turtles, When to Be Taken. (See Parks Penal Code 599). If any person shall take Turtles within tidewater at any time other than from the first day of May to the first day of September, he shall be punished as for a misdemeanor.
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PART SECOND
HUNTING AND FISHING ON SUNDAY IS MADE A MISDEMEANOR BY THE GENERAL LAW OF THE STATE. (See Parks Pena:l Code 417-419.)
SYNOPSIS OF
OPEN HUNTING SEASONS AND BAG LIMITS Quail.-November 20th to March 1st. Doves.-0ctober 16th to January 31st. (Same as Federal Law.) Wild Turkeys.-November 20th to March 1st. Summer or Wood Duck.-September 1st to January 1st. (Federal
Law prohibits shooting at any time.) Migratory Ducks.-September 1st to April 20th. (Federal Season
November 1st to January 31st.) Woodcock.-September 1st to January 1st. (Federal Season
March 1st to December 31st.) Plovers.-November 20th to March 1st. Snipe.-November 1st to january 31st. Marsh Hens.-September 1st to November 30th. Cat Squirrels.-November 20th to March 1st. Deer.-November 1st to December 31st. Rabbits.-Unprotected, but license necessary to hunt. Wild Pheasants, Grouse and Fox Squirrels.-Are protected until
November 20, 1930.
BAG LIMITS Quail.-~0 in one day.
Doves.-~5 in one day.
Migratory Duck.-50 in one day.
Summer or Wood Duck, Woodcock, Plovers, Marsh Hens, Snipe and all other Georgia Game Birds not here listed.~5 in one day.
Cat Squirrels.-15 in one day.
Wild Turkey.-~ in one season.
Deer.-~ in one season.
SYNOPSIS OF
FRESH WATER FISHING LAWS
It Is a Misdemeanor
To shoot fish with any kind of fire-arms; To take fish by means of basket, trap or similar device; To cause to be placed in any of the waters of this State any trap,
basket or similar device for the purpose of catching fish; To seine or net for fish; To dynamite fish; To place in the waters of this State any poisonous substances, wal-
nut hulls, lime or other substances likely to destroy fish; To muddy a stream or any other body of water and take fish there-
from by means of hand-grabbling or otherwise; To fish on Sunday.
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SECTION ONE
(Acts 1925)
PARAGRAPH 120. License Required to Hunt in Georgia. A license shall be required to hunt in Georgia, and shall be issued only upon a written application on a form to be prescribed by the Game and Fish Commissioner. Provided, That nothing herein shall prevent a landowner, or his tenants and their families with the landowner's consent from hunting on his own land without a license.
PARAGRAPH 121. License Fee. License may be issued to a person to hunt in his resident county upon the payment of a fee of One Dollar, if such application is accompanied by a fee of Three Dollars the license shall authorize the applicant to hunt throughout the State. A nonresident may procure a license to hunt throughout the State upon the payment of a fee of Twenty-five Dollars.
PARAGRAPH 122. Misdemeanor for False Statement. Any
person who shall make a false statement as to his residence in such
application shall be guilty of a misdemeanor.
'
PARAGRAPH 123. All Licenses Dated. All licenses shall be dated and if issued in the open season shall authorize the holder to hunt during the remainder of the season, and if issued during the closed season shall authorize the holder to hunt during the next succeeding open season.
PARAGRAPH 124. Fees Collected, How Remitted. The fees from the sale of licenses shall be remitted, less the county warden's commission to the Game and Fish Commissioner on the first of the month following the sale of licenses.
PARAGRAPH 125. Licenses, How Signed and What They Shall Contain. (See Parks Code Sup. 2158 (f.) The license shall be signed by the Commissioner, and countersigned by the Game Warden of the County in which the license is issued, and numbered. It shall contain the residence, age and sex, and the post office address of the person to whom issued, also state the race and approximate height and weight, and the color of the applicant's hair and eyes.
PARAGRAPH 126. Hunting Without License Misdemeanor. (See Acts 1916.) Any person who shall hunt without first obtaining a license, except on his own lanq, or who lends or transfers his own license to another or who shall hunt or fish upon the lands of another
29
without first having obtained his permission to do so, except person& following hounds in pursuit of Fox or Deer or any other animal not mentioned in this Act in or upon or through the unenclQsed or uncultivated land of another, shall be guilty of a misdemeanor.
PARAGRAPH 127. Game Bird and Animals Defined. (See Acts 1916-1919). The following shall be deemed game birds and animals; quail, commonly known as bob white partridges; doves, snipe, woodcocks, and curlews, wild turkeys, grouse, pheasants, deer, squirrels, duck and marsh hens. Provided that nothing herein contained shall prohibit the hunting or sale of migratory ducks, provided that no one person shall kill more than fifty ducks in one day; the season for shooting migratory ducks is between September 1st and April 20th.
SECTION TWO (Acts 1925)
PARAGRAPH 128. Lawful Season for Hunting Birds and Animals. The following is established as the lawful open season for hunting birds and animals in Georgia, to-wit:
Quail, Wild Turkeys, and Plovers from November 20th to March 1st, inclusive; Doves from October 16th to January 31st, inclusive. Woodcock and Summer or Wood Duck from September 1st to January 1st. Snipe from November 1st to January 31st. Marsh Hens from September 1st to November 30th. Deer from November 1st to December 31st, inclusive. Cat Squirrel from November 20th to March 1st.
Note: See Paragraph 132 et seq. for Seasons and laws regulating the taking of Fur-Bearing animals.
SECTION THREE (Acts 1925)
PARAGRAPH 129. How Many Lawfully Killed. During the open season it shall be unlawful for any person to kill more than two Deer, or two Wild Turkeys in any one Season, or more than fifteen Cat Squirrels or twenty Quail, or twenty-five Game Birds of any other species on any one day.
PARAGRAPH 130. Misdemeanor to Kill Out of Season. Any person who shall hunt, kill or destroy by any means whatever, or who has in his possession any of the above named Birds or Animals, except between the respective dates above specified, shall be guilty of a misdemeanor.
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SECTION FOUR (Acts 1925)
PARAGRAPH 131. Report of Deer Killed. Every person killing a deer in this State shall within five days report the fact in writing to the Game Warden of the County in which said deer was killed, and if the name and address of the County Warden is not known to the hunter or if for good reason he cannot notify said Warden, he shall make the report in writing to the Commissioner of Game and Fish, Atlanta, Georgia, within the time above specified.
SECTION FIVE (Acts 1925)
PARAGRAPH 132. Misdemeanor to Kill Grouse, Pheasants, Fox Squirrel. Any person who shall catch, kill, or have in his possession any wild pheasants, grouse, or fox squirrel prior to November 20, 1930, shall be guilty of a misdemeanor.
SECTION SIX (Acts 1925)
PARAGRAPH 133. Unlawful to Bait Birds. It shall be unlawful to scatter upon the lands of any person, whether it be the owner of the land or not, any corn, wheat or other grain, or bait for the purpose of drawing to the land, where such bait was scattered or placed, game birds or doves for the purpose of shooting or allowing to be shot at, or kill such game birds or doves at or near the lands so baited; and it shall be unlawful for any person to shoot at or kill any doves or game birds at upon or over or near any land baited or baited fields or land.
FUR-BEARING ANIMALS SECTION SEVEN (Acts 1925)
PARAGRAPH 134. Fur-Bearing Animals. The following shall be deemed fur-bearing animals: Skunk, otter, beaver, bear, wild-cat, muskrat, raccoon, opossum and fox.
SECTION EIGHT (Acts 1925)
PARAGRAPH 135. Season for Taking Fur Bearing Animals. The seasons for taking or possessing mink, otter, beaver, bear, muskrat, and raccoon shall be from the 20th day of November to the 1st day of
31
February, inclusive. The season for the taking or possessing either red or gray fox shall be from the 1st day of September to the 31st day of January, inclusive. At all other times it shall be unlawful to take in any manner, to possess or kill or in any manner to destroy any of said animals.
/
PARAGRAPH 136. Possession and Authority to Kill. Nothing herein shall prevent a person from killing any of said animals while destroying or damaging, or about to destroy or damage, such person's crop, domestic fowls, or other personal property; and provided further that it shall be lawful for any person to have in his possession at any time of the year any live animals mentioned for pets or for scientific purposes, or for the purpose of propagation upon obtaining a permit therefor from the Game and Fish Commissioner, and by complying with the provisions of law for obtaining permits for keeping birds or wild animals.
SECTION NINE Acts 1925
PARAGRAPH 187. Foxes in Closed Season. It shall be unlawful to run or chase or to dig up a fox or otherwise mo'est the den of foxes except during the lawful season for taking foxes.
SECTION TEN (Acts 1925)
PARAGRAPH 188. Unlawful Use of Traps. It shall be unlawful for any person to capture any of the fur-bearing animals described in Section Seven by means of traps, dead-falls or other similar devices for the purpose of capturing any of the said fur-bearing animals, except between November 20th, and the last day of February, inclusive.
PARAGRAPH 189. Trapping Foxes Prohibited. It shall be unlawful to take or catch foxes at any time of the year by means of traps, dead-falls or other similar devices.
PARAGRAPH 140. Skunks and Wild-Cats Killed At Any Time. Skunks and wild-cats may be captured and killed at any time of the year by shooting or any other means except with traps or dead-falls or similar devices.
SECTION ELEVEN (Acts 1925)
PARAGRAPH 141. Traps Confiscated. It shall be the duty of the County Game Warden, Deputy Warden, and all other Deputies and
32
employees of the Game and Fish Department, to confiscate all traps, dead-falls, or other similar devices used in violation of the provision of this Act, and to dispose of the same as may be directed by the Game and Fish Commissioner.
SECTION TWELVE (Acts 1925)
PARAGRAPH 142. Trapper's License. One who traps fur-bearing animals for the purpose of selling said animals or their hides, skins, or their pelts, shall be required to provide himself with a Trapper's License to be issued by the Game and Fish Commissioner on written application upon the same conditions as are prescribed for the issuance of hunting licenses. Any person making false statement in an application for Trapper's License shall be guilty of a misdemeanor.
SECTION THffiTEEN (Acts 1925)
PARAGRAPH 1M3. Price of License. Trapper's License shall be issued to a resident of the State of Georgia upon the payment of a fee of Three Dollars ($3.00) and to a non-resident upon the payment of Twenty-five Dollars ($2,5.00). Trapper's License shall authorize the holder to engage in trapping anywhere in Georgia.
SECTION FOURTEEN (Acts 1925)
PARAGRAPH 144. Commissions of Wardens. Any County Warden shall receive a commission of One Dollar on each resident trapper's license sold by him, and a commission of Five Dollars on each nonresident trapper's or hunter's license sold by him. The remaining portion of said license shall be remitted to the Game and Fish Commissioner on the first day of each month following the date of sale for credit to the Game Protection Fund.
SECTION FIFTEEN (Acts 1925)
PARAGRAPH 145. Report from Dealers in Furs. Every person, firm or corporation who shall buy or sell, ship or transport the skins, hides or pelts of any of the fur-bearing animals, mentioned in Section (7) Acts, 1925, shall be required to make such reports of purchases, sales, and shipments as may be prescribed by the Board of Game and Fish.
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PARAGRAPH 146. Board to Enact Rules. The Board of Game and Fish is hereby empowered to enact the necessary rules and regulations to carry out the purposes of this Section.
INLAND FISHING LAWS
SECTION SIXTEEN (Acts 1925)
PARAGRAPH 147. Misde:meanor to Kill Fish with Explosive. If any person shall use dynamite, or other explosives or destructive substances in any of the waters of this State for the purpose of killing fish he shall be guilty of a misdemeanor, and upon conviction be sentenced to pay a fine of not less than $100.00 nor more than $1,000.00 and all costs, or to work on the Public Works for not less than three months or more than twelve months or imprisonment in the common jail for not less than three months and not more than twelve months either or all of said punishments in the discretion of the judge. The provisions of this nor any other Section of the Acts of 1925 shall in no wise apply to the emptying into by mills, dye plants or other industries in this State of refuse necessary for the operation of said mills, dye plants. or other industries.
PARAGRAPH 148. Poisoning Fish Prohibited. (Acts 1911). Any person who shall directly by himself, or by aiding or abetting others, put walnut hulls, walnut leaves, devil shoestrings, or any poison substances whatever of any kind in any waters, either running streams or standing waters, such as lakes, ponds, or eddy places in any river or creek within the limits of this State, which will be likely to drive away or poison the fish therein by contaminating said waters, he shall be guilty of a misdemeanor.
Note: A special act of the General Assembly approved August the 19th, 1911, makes it unlawful to float sawdust in any of the streams of this State provided however, such act does not become effective in any County until it has been recommended by two successive grand jurys.
SECTION SEVENTEEN (Acts 1925)
PARAGRAPH 148. Misde:meanor to Use Fire-Ar:ms. If any person shall use any kind of Fire-Arms for the purpose of killing fish in Georgia he shall be guilty of a misdemeanor.
34
SECTION EIGHTEEN (Acts 19~5)
PARAGRAPH 149. Private Ponds, Who May Fish. The owner of a private pond, his family or tenants, with the owner's consent, shall be permitted to fish within the bounds of said pond at any time and in any manner they please.
PARAGRAPH 150. What Is a Private Pond? A private pond is one which lies wholly within the boundaries of a single ownership.
SECTION NINETEEN
(Acts 19~5)
PARAGRAPH 151. Unlawful to Fish with Traps, Baskets, Etc. It shall be unlawful for any person to place or cause to be placed in any of the rivers, creeks, lakes, ponds, or other waters of this State, except private ponds, any traps, baskets or similar devices, whether constructed from wire, wood or other material, for the purpose of catching fish.
PARAGRAPH 15~. Warden's Duty to Destroy Traps, Etc. It shall be the duty of the County Warden, Deputy Game Warden, Sheriff or other officer, to destroy such traps, baskets or other device, upon discovery of same and report the fact to the State Game and Fish Commissioner.
PARAGRAPH 153. Misdemeanor to Violate This Section. Any person violating the provisions of this Section (19), shall be guilty of .a misdemeanor.
SECTION TWENTY
(Acts 19~5)
PARAGRAPH 154. Misdemeanor to Use Seine, Net, or Gig. It shall be a misdemeanor for any person to take from any of the fresh water streams of this State any fish with seine, net, gig, or spear or with any other device or by any other means than with a hook and line for a period of five years (from August ~6, 19't5.)
PARAGRAPH 155. Exception As to Minnows and Shad. Provided that nothing in this Act prohibits the taking of minnows where .a seine is used for such purpose, the same not to exceed four feet in length, and provided further that the Section shall not prohibit the taking of shad fish in the manner and season provided by law.
35
PARAGRAPH 156. Closed Time for Shad. (See Parks Code 606.) There shall be a "closed time" for the rivers in which shad are caught, of forty-eight hours: commencing at sunrise on Saturday morning of each week, and ending at sunrise on Monday morning of the next week, during which "closed time" no shad or other migratory fish shall be caught by nets, wires, pounds, or other means whatever; neither shall such nets, wires, pounds, or other apparatus be left in said rivers during said "closed time." The meshes of nets or other apparatus for catching fish shall not be less than five inches.
PARAGRAPH 157. License for Shad Fishing. (See Acts 1918, page ~7). Any person who shall take shad fish from the waters of this State for the purpose of sale without first procuring license from the Commissioner of Game and Fish shall be guilty of a misdemeanor.
PARAGRAPH 158. Penalty for Having Nets in Possession. (Acts August 17, 1918.) Be it further enacted that any person who shall have in his possession or in any boat in or upon the waters of this State, any net or other device for the purpose of taking shad fish during such time as the law prohibits the taking by such devices, that the possession of such nets or equipment shall be prima facie evidence of the person having in his possession such nets and equipment being guilty of taking such shad in violation of the law and shall upon conviction be punished as hereinafter provided.
PARAGRAPH 159. Misdemeanor to Obstruct Free Passage of Fish. (See Parks Penal Code 603.) If any person shall place in the waters of any river, or creek, or any fresh water drain any dam, trap, net, seine or other device for catching fish, unless the main channel of such stream is left open for a space of ten feet for rivers and onethird channel of creeks, at low water mark, unobstructed for the free passage of fish up or down such streams, he shall be guilty of a misdemeanor and the sheriff of the county, upon complaint of persons in the territory of such obstructions shall have the authority to break and open any dam, net, or other obstruction that may be placed in such waters in violation of this Section. This Section does not apply to dams for milling or manufacturing purposes. The words "lowwater mark" shall not apply to fresh water drains.
PARAGRAPH 160. Commissioner and Wardens Are to Enforce Game Laws.. (See Acts 1910.) The Game Commissioner and Wardens shall see that the laws pertaining to fish are rigidly enforced.
36
Note: Shad fish licenses are also obtainable from the
Tidewater Commissioner or from any County Game
Warden in counties where shad fish are commonly caught.
Board of Game and Fish is authorized to regulate
the seasons and manner for taking shad fish. Shad fisher-
men are advised to obtain the latest regulations each sea-
son.
LOCAL FISHING LAWS
Under authority of an act of the General Assembly approved
August 26, 1925.
The State Board of Game and Fish has, by official order, prohibited fishing by any means in the following counties of Georgia during the periods designated. Appling______________April, May and June. Atkinson............April, May and June of 1927, 1928, 1929. Bacon................April, May and June of each year. Baker...............March 15th to June 15th of 1926, 1927, 1928. Ben Hill______________April, May and June of 1927, 1928, 1929. Berrien..______________March, April, May and June of 1926, 1927, 1928. Bibb _________________March, April and May of each year. Brooks_______________March, April, May and June of 1926, 1927, 1928. Bryan.............April, May and June of 1927 thru 1930. Brantley_____________ April 1st to July 1st of each year. Bulloch______________April15th to July 1st of each year. Calhoun_____________March, April and May. Carroll _______________April, May and June. Chatham............April15th to July 1st of each year. Clarke................April1st to June 1st. Clayton______________March 15th to June 15th. Clinch________________April1st to July 1st of 1927, 1928, 1929. Coffee................April, May and June of 1927, 1928, 1929. Colquitt_____________April, May and June of 1927, 1928, 1929. Cook_________________March, April, May and June. Crawford____________April1st to July 1st of 1927, 1928, 1929. Crisp.................April, May and June of 1926, 1927, 1928. Decatur..............April and May of each year. Dooly................April, May and June of 1926,1927,1928. Dougherty...........April and May of each year. Douglas..............April, May and June of each year. EEfcfhinoglsh-a-m--_-_-_-_-_-_-_-_-_-_-_MAparyila, nMdaJyuannedoJfuenaec.h year. EmanueL ____________April15th to July 1st. Evans ________________April, May and June of 1927, 1928, 1929. Fannin_______________ April and May of each year. Floyd................May 1st to June 31st of each year. Franklin_____________April1st to May 15th of each year. Grady________________April 1st to June 1st. Habersham__________ April1st to June 1st. Houston _____________March, April and May of 1927, 1928, 1929. Jackson______________April, May and June. Jenkins______________April, May and June. Lanier_______________Feb. Mch. April, May and June of 1927, 1928. Lee -----------------March, April and May.
37
Liberty_______________May and June of each year thru 1931.
Long_________________April and May of each year until 1930.
Lowndes _____________April, May and June of each year thru 1931. Laurens______________April, May and June.
Macon________________April1st to July 1st for 1927, 1928, 1929. Miller_________________ April1st to June 1st.
Montgomery_________ April and May. Murray_______________May and June.
Muscogee____________April and May.
Peach________________March, April and May of 1927, 1928, 1929. Pierce________________April, May and June.
Pulaski_______________April and May for 1927, 1928, 1929, 1930.'
Rabun_.______________ Qctober 1st to May 31st in Rivers and Creeks and
during April and May in lakes. Screven______________May 1st to July 1st of each year for five years.
Sumter_______________March, April and May for 1927, 1928, 1929.
Tattnan______________April 1st to July 1st of 1927, 1928, 1929.
Taylor_______________April, May and June for five years (Pub. in 1927.)
Thomas ______________March, April and May of each year thru 1931. Tift__________________March, April and May of 1926, 1927, 1928.
Towns _______________April and May of each year.
Turner ______________ April, May and June.
Union________________March, April and May of each year.
Ware. ________________May and June of each year. White ________________April and May.
Worth________________April, May and June of each year thru 1930.
Counties with Special Law Regarding Spawning Season: Camden____________ }' April 1st to July 1st, e:x:C'ept Tuesdays and Satur-
Charlton___________ Jefferson__________
days with WRITTEN CONSENT of the Landowner.
Note: Fishermen are adVised to investigate before fishing in any
county, as new counties are being constantly added to this list.
SECTION TWENTY-ONE (Acts 1925)
PARAGRAPH 160. Monies Received by Game and Fish Commissioner, How Used. All monies received by the Commissioner of Game and Fish to the credit of Game Protection Fund shall be used for the payments of the expenses of the State Board of Game and Fish, the salary of the Commissioner, his incidental expenses, the salaries and expenses of inspectors, wardens and deputies, and for the conservation and propagation of game and fish in Georgia.
PARAGRAPH 161. Salaries and Expenses Not a Charge on the State. Provided that such salaries and expenses shall not be a charge upon the State fund, nor payable out of any other fund other than monies on hand to the credit of the Game Protection Fund. All monies not used for this purpose shall be paid over to the State Treasurer for the benefit of the Common Schools of Georgia.
38
SECTION TWENTY-TWO (Acts 1925)
PARAGRAPH 162. Powers of State Board of Game and Fish. The State Board of Game and Fish is authorized and empowered to;
1. Make the necessary rules and regulations, to carry into effect the game and fish laws of this State.
2. To introduce into Georgia desirable species of birds, fish, and game, and fur bearing animals, and to cause the same to be distributed, in such localitl.es as may be suited to their habits.
8. Establish hatcheries, for the purpose of propagating fish to be distributed in various streams of this State.
4. Adopt rules and regulations concerning the operation and management of said game preserves and fish hatcheries.
5. To set aside or close with the consent of the land-owners areas for use as game preserves, or refuges, and to prescribe the time, method and conditions for hunting in said areas, provided that when such preserves are reopened for hunting they shall be for the common use of all the people of said State for hunting in compliance with the game laws.
6. To adopt any other rule or regulation having for its purpose the conservation and propagation of the fish and game of the State.
Provided, however, that none of the rules or regulations shall in any wise conflict with the established laws of the State. And provided further that all monies, used for the purpose of carrying out any of the powers vested by this Section shall be drawn from the monies actually in hand to the credit of the Game Protection Fund, and shall not be a charge upon the general treasury of the State.
SECTION TWENTY-THREE (Acts 1925)
PARAGRAPH 168. Spawning Season, Powe1 to Regulate. Upon the recommendation of the grand jury of any county the said Board of Game and Fish shall have the power to regulate or prohibit the taking of fish from any streams or other waters of this State during any month or months in which said fish in said waters commonly spawn.
PARAGRAPH 164. Oerk to Transmit Certified Copy of Recommendation to Board. When such recommendation has been made
39
by the grand jury and a certified copy thereof prepared by the Clerk of the Superior Court of the County in which such action is had, and transmitted to the Board of Game and Fish, it shall be the duty of said Board, and it shall be required to immediately pass an order carrying out the recommendation of said grand jury, and advertise said order in the County affected in a newspaper of general circulation, therein, once a week for four weeks, and such order shall not be effective until thus advertised. The recommendation of the grand jury as aforesaid shall specify the period of time during which said fishing shall be regulated or prohibited.
SECTION TWENTY-SIX (Acts 1925)
PARAGRAPH 165. A Misdemeanor to Violate Any Rule or Regulation. Any person who shall violate any rule or regulation, duly adopted by the Board of Game and Fish pursuant to the provisions of this Act, (1925) shall be guilty of a misdemeanor.
SECTION TWENTY-SEVEN (Acts 1925)
PARAGRAPH 166. Misdemeanor to Violate Provisions of this Act. Any person violating any of the provisions of this Act, (1925) shall be guilty of a misdemeanor, and unless other punishment is specifically provided herein, he shall be fined not less than $25.00 and not more than $200.00 and all costs of court, or sentenced to work on the public works for not less than thirty days or more than ninety days, or by imprisonment in the common jail for not less than thirty days nor more than ninety days, either of all of said punishments in the disc~etion of the court.
PARAGRAPH 167. Unlawful to Purchase, Sell or Export Game Birds or Animals. (See Acts 1911, page 142. (Section 12.) Any person who shall purchase, or sell, or export for sale, or offer to sell any of the game birds or animals named in Section 11 of this Act, (1911) shall be guilty of a misdemeanor, and upon conviction, punished by a fine of not less than ten or more than one hundred dollars and all costs
40
for each offense, or to work on the public works not less than ten or more than ninety days and any one or more of these punishments may be ordered in the discretion of the judge; provided that any person may have in his possession at any time any of the birds or wild animals of this State, or the plumage, skin or body thereof for propagation, or scientific purposes, or for pets, provided that such person shall register with the Commissioner of Game and Fish of this State the number and variety of such birds or animals, which he may have in his possession, and how acquired, and that such birds or other wild animals are used only for propagation or scientific purposes or for pets, and provided further that such person may sell such birds or other animals alive to be used for said purposes, and when so doing he shall report promptly to the Commissioner of Game and Fish of this State the number and species of birds or wild animals sold and to whom sold and that the person buying or otherwise acquiring such birds or other wild animals shall promptly report to said Commissioner the person from whom he purchased or obtained such birds or animals, and the number and species thereof so acquired, and setting forth that they are to be held and kept only for propagation and scientific purposes, or for pets, and provided further that any such person who shall fail to comply with the above regulations shall be guilty of a misdemeanor; provided further that the Commissioner of Game and Fish may in his discretion issue license or permit to any person or persons to take any of the birds or wild animals or the plumage, skin or body thereof, or the nests or eggs of the same for propagation or scientific purposes, or for pets under such regulations and restrictions as may be imposed by said Commissioner of Game and Fish; provided further that such license or permit may be issued by said Commissioner of Game and Fish upon the payment of a fee of one dmlar, and that the same may be revoked at the pleasure of the said Commus<>ioner 1-t any time, and that such permit or license unless sooner revoked shall be good for one year from the date of issuance; provided further that any person may transport or ship from any point within this State to any other point within this State birds or wild animals alive for propagation or for scientific purposes, and that the transportation companies may accept such shipments, and that both the shipper and the transportation company accepting such shipment shall on the same day that the shipment is made report to the Commissioner of Game and Fish of this State the number and species of such birds or wild animals shipped, .and to whom and by whom shipped; provided that any violation of
41
the provisions of this Section shall be punished as provided in said Section 12 as amended.
PARAGRAPH 168. Unlawful to Kill Game or Birds by Deadfalls or Poison.-Night Hunting Prohibited. (See Acts 1911, page 144, Section 17.) Any person who shall at any time kill or capture or wound any game bird or animal by the use of any pitfall, deadfall, snare, trap, net, pen or other device, or by the use of any poison,. drug or explosive or who shall hunt, catch or kill any game bird or animals at night, shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in Section l2 of the Acts of 1911.
PARAGRAPH 169. Unlawful to Possess Wild Non-Game Birds. (See Acts 1916-19.) It shall be unlawful for any person in this State to kill, catch or have in his possession any wild non...game bird or to take or destroy the nests or eggs of any non-game bird or to have the same in his or her possession. Such person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction,. punished as is described in Section 12 of this Act (or Paragraph 166),. provided this Section shall not apply to the following' :birds: English Sparrows, Owls, Hawks, Eagles, Crows, Rice Birds, and Field or Meadow Larks, except persons may ship in the State mounting for millinery.
PARAGRAPH 170. Unlawful to Transport or Ship Game Birds or Animals. (See Acts 1911, page 142, Section 13). Any person who shall transport or ship, or offer to transport or ship, any of the game birds or animals mentioned in Section 11 of this Act, (1911), without the limits of the State, or from the county in which the game was killed, into another county in this State, or who shall sell or offer for sale, or purchase or offer to purchase any part of the plumage, skin or body of any of the game birds or animals mentioned in Section 11 (Acts 1911) or who shall take or wilfully destroy the nest or eggs of any of the said birds, shall be guilty of a misdemeanor; and upon conviction, shall be punished as prescribed by Section 12 (of Act 1911), Provided, it shall be lawful for any person duly authorized to hunt, tQ. personally transport, openly, the game actually killed by him, from the county in which it was killed to any other county of this State, or without the State, but the person killing said game must in each 'instance accompany the game so killed. Each person hunting shall carry with him his license and exhibit the same promptly upon the . request of any Game Warden, or Deputy Warden, or ex-Officio Warden.
42
PARAGRAPH 171. Unlawful for Common Carrier to Ship or Transport Any Game Birds or Animals. (See Acts 1911, Section 19, page 14.) Any common carrier who shall ship, or transfer, or carry any game birds or animals without the limits of this State, shall be guilty of a misdemeanor, and upon conviction, be punished as prescribed in Section 12 (of Acts 1911). Provided, the terms of this Section shall not apply to game in the personal possession of the party killing the same; Provided, such party has obtained a license then of force.
PARAGRAPH 172. Unlawful for Agent or Carrier to Receive for Shipment Game Birds or Animals. (See Acts 1911, Section 20, page 145.) Any agent or employee of a common carrier who shall receive any game bird, or animal for shipment without the State, or from one county to another county within this State, shall be guilty of. a misdemeanor, and upon conviction punished as is prescribed in Section 12 of this Act (1911).
INDEX
PART FIRST
Laws creating State Board of Game and Fish; also Tidewater Fishing Laws.
BOARD OF GAME & FISH-
Paragraph
ACplrpeoaitieltdmalelldltd, eteftrnme,dco.m..m--i-ss-l-o-ll-e-d-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- 21----7a CCll,hoamirpmealllsla, tbio!.lsl.e__le__c_t_io__ll__.___-_-_-_-____________-_-_-_-_-_-_--. -----------_________ -__--_-_-_-_-__--_-_-_-_-_ 45
Qffice of Board, meetillgs whell alld where held_________________ 8-5 Powers alld authority of State Board____________________________ 9 Duties of Board:
Records to be kept-------------------------------------------- 25 Provide occupatioll stamps ill Tidewater__________ ~----------- 58
Provide lease forms alld reports------------------------------- 71 Power to prohibit, regulate, takillg of fish, oysters, etc._______ 70 Purchase Boats alld equipmellt ill Tidewater__________________ 72 Opell alld close lallds alld waters iil Tidewater________________ 73 Employ surveyors to lay off Oyster lallds______________________ 74 Make rules alld regulatiolls, goverlliilg shipmellt of fish,
oysters,etc.__________________________________________________ 76 Publish such regulatiolls, which go illto effect whell_________ 75-77 Challges of such regulatiolls, llOtice to be givell before_______ 79
Expellses paid from what fullds -------------------------------- 88 Pellalties for violatillg Rules alld Regulatiolls___________________ 78
BOATS IN TIDEWATER-
Licellse required for Boat takiilg fish alld oysters, etc._________
LCiocmelmlseertcoiawl Bhoomat aliclledllshe_o_w__i_s_s_u__e_d__-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_Misdemeallor to operate Boat without licellse___________________ Licellse fees ________________ . _______ . ____ ------ __ --------------___ Metallicellse Tags required for all fishillg Boats________________ Misdemeallor to operate Boat without Metal Tag________________
Must keep records alld reports--------------------------------Failure to keep records a misdemeallor__________________________
83-9S
9893 84 100 101 103
104 106
CJLERK OF CJOURT8-
Duty to keep records of violatiolls of ali law ------------------- 23 Shall report to Commissioller, filles alld forfeitures_____________ 23 Wardell keep records opell for tnspectiollill Clerks office_______ 21
44
Paragraph
COMMISSIONER OF GAME AND FISH. (See Tidewater Commissioner)How cllosen____________________________________________________ c_ 10
Autllority, Duties, Powers_______________________________________ 11 to 16 Appoint Wardens and Deputies__________________________________ 17 JBond_____________________________________________________________ 27 Ex-off Sec'y of JBoard ______________________ --------- ___ ___ _____ 26
Keep books of record and accounts_____________________________ 82 Term of Office and llow commissioned___________________________ 28
SalaiY------------------------------------------------------------ 84 From wllat fund paid------------------------------------------- 88
COASTAL FISHERY FUNDS-
Derived from JBoat license, salt water fislling and tax on seafood 97 Used to pay expense of JBoard and propagation of fisll in Tide-
water -------------------------------------------------------- 88
COMMEROIAL FISHING. (See JBoats)-
JBoats engaged in must llave license--------------~------------Issued by Tidewater Commissioner______________________________ Misdemeanor to operate boats witllout license__________________ License fees for individual fisllermen____________________________ License issued to citizens________________________________________ Felony to falsely procure license_________________________________
83-89 88 84 107 108 109
FISH, PRAWN, SHRIMP. (See Taxes, license Stamps)-
Fisll defined (Page 1) Aliens prollibited from taking fisll, prawn witllout license______ 80 Unlawful to catcll, and take fisll, etc. witbout weiglling________ 57 Unlawful to catcll and sllip witllout paying tax_________________ 57 Packing plants operating boats duly licensed excepted_________ 81 Exceptions to bona fide resident aliens ----------------------- 82 JBoat taking fisll, sllrimp, etc., license required ---------------- 83 How and to wllom issued________________________________________ 83 Heading sllrimp and prawn unlawful____________________________ 89 Possession prima facie evidence -------------------------------- 90
GAME AND FISH PROTECTION FUND-
Derived from llunting fines, etc., fresll water fislling__________ 86 Expenses of State JBoard and salary of Commissioner paid______ 88
INSPECTORS, PATROLMEN. (In Tidewater)-
JBonds of-------------------------------------------------------- 68 Powers, Duties, etc. ___________________ ----------------_---------- 69
LEASE OF OYSTER JBEDS. (See Penal Laws)-
LAepapsleicmataidoen,blyloTwidmeawdaeter-C--o-m--m-i-s-si-o-n-e-r-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_- 3492 To Individuals, corporations, number of acres__________________ 39 Deposit of shells required________________________________________ 45 Money deposit with application__________________________________ 42 Survey to be made and plats_____________________________________42-43 Rent _______________________________________.______________________ 44
First option given to lease to oyster bed, when ---------------- 46 Time given to remove Oysters____________________________________ 49 Persons wllo may come under tlle provisions of tllis lease act___ 67 Water front owners, tlleir rigllts, etc.___________________________ 40
45
Paragraph
NETs-
Prohibited in inside waters______________________________________ 92 Prohibited in sounds, when ------------------------------------ 93 Prohibited in taking Turtles.------------------------------------ 117
OYSTERS. (See Oyster Beds, and Penal Laws)Dealers in, Tax___________________________________________________ 53 Oysters, Shrimp and Prawn______________________________________ 54 Pedlars and Hucksters____________________________________ ------- 55 Must have stamps on packages__________________________________ 56 Unlawful to ship without stamps________________________________ 57 State Board prepares and sells stamps_________,__________________ 58 How sold by measure in shell------------------------------------ 61 Measures to be stamped and branded___________________________ 62 Dealers in shall keep records and files of Bill of Ladings________ 64--65 Misdemeanor to fail to keep records_____________________________ 66 How and when taken------------------------------------------- 111 Unlawful to rough take, or use scoup or dredge_________________ 112-113 Exception in private beds________________________________________ 114
PEDLERS AND HUCKSTERS.-
Selling to consumers, not taxed -------------------------------- 55
PENAL LAWSMisdemeanor to stake in Oyster Bed, Shell or Bottom___________ 47 Failure to remove obstructions, stakes when notified___________ 48 Interfering with boundry stakes________________________________ 51 Beds illegally assigned by Patrolmen, misdemeanor____________ 50 Larceny of Oysters or shells_____________________________________ 52 Misdemeanor to ship fish, prawn, etc., without paying tax ____ 57 Unlawful to sh'ip Oysters, etc., without stamps_________________ 58 Counterfeiting stamps______ ------------------------------------ 59 Sale of unstamped Oysters, etc., unlawful_______________________ 60 Measures for Oysters must be branded, misdemeanor____________ 61-62-63 Special penalties for violations of Rules and Regulations_______ 78 Unlawful for fishing boat to employ aliens______________________ 83-84 Unlawful to sell boat to aliens----------------------------------- 83-84 License necessary for boat taking oysters, fish, etc.____________ 84 Heading shrimp, prawn, etc., Unlawful__________________________ 89-90-91 Use of nets prohibited on inside and outside waters____________ 97 Unlawful to operate boat without legal tag_____________________ 103 Owner of boats to keep record and make reports -------------- 104-5-6 Felony to falsely obtain fish license in Tidewater_______________ 109 Misdemeanor to take Turtles, when and how____________________ 115-116 Regulations as to nets___________________________________________ 118 Unlawful to take turtles, when__________________________________ 119 Misdemeanor to fail to keep record of bills of lading and reports of oysters______________________________________________________ 66 Unlawful to rough take oysters, use scoups or dredges_________ 112-113
SALT WATERSInland salt waters defined_______________________________________ 94 Outside salt waters defined.------------------------------------ 95
SHERIFFs-
Duties____________________________________________________________ 85
46
Paragraph
SOUNDslBOUUldry_________________________________________________________ 94
TAXES, STAMPS, LICENSE. (See Oysters, Fish, Shrimp and Prawn)-
Dealers in Shrimp, prawn, oysters_______________________________ Pedlars selling to customers, not taxed__________________________ Required on packages containing oysters____________________ --Must weigh and pay tax before shipping oysters________________ State JBoard must provide stamps________________________________ Unlawful to coUUlterfeit stamps _________________________________
53---54-56 55 56
57 58 59
TERRAPINS-
TFiemmeawlehTeenrrmapaiynbse__c__a_p_t_u_r_e__d_._-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_._-_-_-_-_-_-_-_-_-_-_-_-_-_- 111156 Use of Nets prohibited___________________________________________ 118 Possession of prima facie evi&nce of guilt______________________ 117
TURTLEsUnlawful to take, when__________________________________________ 119
TIDEWATER COMMISSIONER. (See License Tax)Election by JBoard___ _____________________________________________ 29
JDBuotnidest,opboewgeirvseann__d__j_ur-i-sd-i-c-t-io-n-_-_-_--_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_Keep books and accoUUltS---------------------------------------TSOaeflfraimcreyo, afwnohdfefifrcreoekmaenpwdt_hs_ae_ta__lf_u-_n-_d_-_-p_-a_-i_-d_-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-
3315-46 32 30-33 3384-88
Shall provide occupation stamps ------------------------------- 58 Shall have measuring tubs branded_____________________________ 82 To issue all boat and individual license in Tidewater __________ 107-108 Felony to falsely procure license_________________________________ 110
WARDENS. (See Inspectors, Patrolmen)-
Commissioner to appoint ________________________________________ Term of Office___________________________________________________ Duties of_________________________________________________________ Compensation, fees, etc._________________________________________ Keep records, in office of the Clerk of Court____________________ Failure to perform duty a misdemeanor_________________________ Powers of Wardens, Inspectors and patrolmen__________________
17
18 19-69 20--21 22 24 69
WATER FRONT OWNERSThe rights of water front owners of Oyster JBeds_________________ 40
47
INDEX
PART SECOND
Hunting and Inland Fishing Laws, (Also Trapping Laws.)
Paragraph
ANIMALS, BIRDs-
Open season for taking. (See front page)______________________
BMaigsdLeimnaeiatsn_o_r__t_o__k_i_ll-o-u-t--o-f--se-a-s-o-n-_-_-_-_-_-_-_-_-__-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-
Fur-bearing animals defined-----------------------------------Fur-bearing animals, Open season for taking___________________ LaWful to kill, to prevent damage to propertY-----------------Unlawful to trap, use deadfall and other devices when_________ Unlawful to possess, purchase, sell or transport________________ Permit required to possess, or have as pets, etc.________________ License and permits required, to possess for scientific purpose. May personally transport game killed___________________________ All shipments must be reported_________________________________
128-134
113209
134 135 136 138 169-172 169 169 172 173-4
BIRDS. (See Animals above)-
Game Birds defined_________________ ----------------------------- 127
Bag limits. (See front page>------------------------------------ 129 Misdemeanor to BAIT-------------------------------------------- 133 Non-Game Birds, unlawful to destroy eggs, wound or kill, etc.. 171 Non-Game Birds which are not protected_______________________ 171
BEARO p e n s e a s o n __ -~-________________________________________________
135
BEAVER-
Open Season---------------------------------------------------- 135 BOARD OF GAME & FISH-
To make all rules and regulations_______________________________ 146 Powers and duties of.___________________________________________ 162-165 Misdemeanor to violate rules promulgated by___________________ 167
OAT SQUIRRELsBOapgelnimdaitt_e_f_o__r_k_i_ll_in_g___________________________________________________________________________________________ 112289 Permit required to keep as pets or for any purpose_____________ 136
<JLERKS SUPERIOR <JOURT-
To transnait, Grand Jury recommendations, SAW DUST in streams------------------------------------------------------- 148-165
48
Paragraph
OOMMISSIONER OF GAME & FISHDuties of----------------------------------------~---------------- 161 :Money received by, how used------------------------------------ 162 Salary and incidentals how paid-------------------------------- 162 Monies not used paid to State Treasury_________________________ 163
OOM:M:ON CARRIERMust report all Game offered for shipment______________________ 169
' DEALERS IN FUR-
Must make reports of all purchases and sales and shipments___ 145
DEERBOapgenlimseaits.o.n___________________________________________________________________________.__..____________________________ 112298 :Must report number k1lled.-------------------------------------- 131
DOVESMOp:iesdnesmeaeasnoonr_t_o__b__a_i_t_________-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- 113238
Bagllmit--------------------------------------------------------- 129 DUCKS-
Open season. _____________________________________ . _____ ... ___ .. _ 128 Baglimtts________________________________________________________ 129 :Migratory may be k1lled and sold, in open season_______________ 127 Wood Duck open season---------------------------------------- 128 FEES. (See License)-
Hunting license fees-------------------------------------------- 121 Resident hunter fees------------------------------------------- 121 HNoown-Rreemsiidtteendt htounCtoemrms ifsesieosn.e.r_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_- 112214 Wardens commissions________ .. __ . _____________ . _____ . ________ --_ 144
FISHING LAWSUnlawful to k1ll fish with explosives of any kind________________ 147 Poisons of any kind, such as walnut leaves, etc., prohibited_____ 148 Use of fire arms prohibited.------------------------------------- 149 Use of nets, traps or other devise prohibited____________________ 152 Use of Gigs, nets, spear or other devise prohibited______________ 155 Hook and line, only method of taking fish in Georgia__________ 155 Shad Fishing, closed time for----------------------------------- 157 Size of nets and meshes---------------------------------------- 157 License required for commercial Shad fishing___________________ 158-9 LogcuallaFtiinsghifnisghiLnagw, sse(efopr algisets o3f7-c3o8u.)n_t_i_e_s__h_a__v_i_n_g__l_o_c_a__l_l_a_w__s__r_e_-__163-164 Unlawful to possess boats, nets, in closed time_________________ 159 Unlawful to obstruct free passage of fish, with dams or traps.. 160 Board of Game and Fish regulate Shad fishing _________________ 161
FOX. (Gray and Red)-
UOnpleanwsfeualstoon.k11.1.,.r.u-n--,-d--e-s-t-r-o-y--o-r--m-o--le--s-t,--o-u--t -o-f--s-ea-s-o-n-_-_-_-_-_-_-_-_-_-_-_- 113355-137 Unlawful to use traps, deadfalls, etc., out of season____________ 138 Permit to possess, as pets, may be had---------------------~--- 136
49
Paragraph
FOX, SQUIRRELlE'rotected________________________________________________________ 132
FURsDealers in, make report of shipments and sales_________________ 145
FUR BEARING ANIMALS-
t:: Defined__________________________________________________________ 134
g:~;f~s~~~setrai>s.n.e-isor-a.iiy-<iaVis&:out-oiseason.~=~~::~--
Unlawful to possess out of season_______________________________ 130
GAME BIRDS. (See Birds ante)-
Defined__________________________________________________________ Open season for hunting. (Front page)-----------------------Unlawful to kill, destroy, have in possession, out of season_____
127 128 13Q-169
GAME lE'ROTECTION FUNDllowused________________________________________________________ 162
Monies not used in payment of salaries and incidentals, how used 163
GROUSEGameBird _______________________________________________________ 127 Baglimit_________________________________________________________ 129
HUNTERS & liUNTING. (See lE'enal Laws.)-
License required to llunt in Georgia____________________________ 120 llunting without license Misdemeanor__________________________ 126
WLihcoenmseayfeoebst_a__in__l_i_c_e_n__s_e__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--._-----_- 112200
License how issued and dated___________________________________ 123 False statement to obtain misdemeanor_________________________ 121 Open season for hunting game birds. (See first page) _________ 128 Open season for taking fur bearing animals_____________________ 135
Baglimits------------------------------------------------------- 129 Misdemeanor to have, kill or possess out of season______________ 130 Night Hunting prohibited______________ ----------_______________ 170 Unlawful to take with nets, traps and any device_______________ 171 Exception as to certain destructive birds _______________________ 171
Land owners, and tenants, may hunt on own lands.----------- 120 Misdemeanor to hunt or fish on lands of another. when_________ 126
LICENSE. (See llunters aJ;td llunting)-
Required to hunt-----------------------------------------------Who may obtain license-----------------------------------------Land owners and tenants not required license__________________
How dated and issued.-----------------------------------------False statement to obtain misdemeanor_________________________ lLliucnetnisnegfeweist_h_o__u_t__l_ic__e_n_s_e._m__is_d_e_m__e_a_n_o_r______________________________________________________
Fees collected how remitted_____________________________________ Trappers license____ ---------- ______________ --------------------License required for shad fishing _______________________________
120 121 120
123 122 112216
124 142-3 158-161
50
Paragraph
MARSH HENSSeason for taking_______________________ ------------------------- 128
MINKSeason for killing________________________________ ---------------- 135
MUSK RATSeason for taking__ ---------- __________________________ ---------- 135.
OPOSSUMSeason for taking ______________________ ------ ____________ ------_ 135
OTTERSeason for taking________________________________________________ 135
PENAL LAW8-
Misdemeanor to hunt without license__________________________ _ 126
"
to obtain license by false statement_------------- 122
"
to hmuinsstioonr_f_i_s_h__o_n__l_a_n__d_s__o_f__a_n__o_t_h_e__r_w__i_t_h_o__u_t__p_e_r_- 126
"
"
"
ttoo bpoasitsebsisr,dksi_l_l,__w__o_u_n__d_,_m__o_l_e_s_t__b_i_r_d_s__o_u__t_o_f__s_e_a_s_o_n_
)30
133
to kill foe squirrels, Pheasants, etc. ______________ _ 132
"
to uksilel fdiyshna__m_i_t_e_,__p_o_i_s_o_n__,_w__a__ln__u_t__l_e_a_v_e_s_,__e_t_c_._,__to_ 147
"
to use fire-arms to kill fish _______________________ _ 149
"
to use traps or other devices other than hook and
line------~------------------------------------- 154-5
"
to ovbicsetrsu__c_t_s_t_r_e_a_m__s__w__i_t_h__tr_a__p_s_,_d__a_m__s_o__r_o__t_h_e_r__d_e-_ 160
"
to violate the ru1es of board game and fish ______ _ 167
"
to violate any provision of acts 1925______________ _ 168
"
to sell, possess or transport game birds or animals 169
License required to keep pet birds and animals________________ _ 169
Transportation of birds and animals must be reported ________ _ 169
Deadfalls, pits, snares and nets prohibited_____________________ _ 170
Common carrier prohibited from transporting game___________ _ 173--4
MNiigsdhet mhueanntoinr gtopkroilhl iobritdeeds_t_r_o_y__e_g_g_s__o_r__c_a_p__t_u_r_e__n_o_n_-_g__a_m__e_b__ir_d_s___
171
170
Misdemeanor to obstruct free passage of fish__ , _______________ _ 160
Misdemeanor to take shad without license_____________________ _ 158
Misdemeanor to trap fur bearing animals without license _____ _ 142
PETS, ANIMALS AND BIRDSPermits to possess and keep required___________________________ 136-169
PLOVERs-
Open season______ ------------------ __________ --------_-------___ 128
POND, PRIVATE-
Defined---------------------------------------------------------- 150 OWners and tenants may fish in any way----------------------- 151
51
; ~
Para.gr'Bph
QUAILC>penseason_____________________________________________________ 128 lBagllznits________________________________________________________ 139
RACCC>C>N()pen season________ .____________________________________________ 135
SKUNKsHow captured and killed________________________________________ 140
SQUIRRELs(See cat squirrels) and (Fox Squirrels) Ante.
SAW DUSTUlllawful to put in streams when________________________________ 148
SNIPE()pen season_________ ------------------- __________ --------------- 128
SHAD. (See fishing) Ante-
Closed time for shad.____________________________________________ 157 License required to catch--------------------------------------- 158 Nets, size of mesh prescribed____________________________________ 157 Possession of nets, boats, etc. in closed season prohibited______ 159
TRAPs-
Unlawful to use, when.-----------------------------------------Trapping foxes prohibited.-------------------------------------Trapping wild cats and skunks----------------------------------
Fish traps prohibited-------------------------------------------Traps confiscated________________________________________________
138 139 140
152-160 141
TRAPPERs-
Must have license________________________________________________ 142 Price of license___________________________________________________ 142 Must report sales of fur----------------------------------------- 145
TRANSPC>RTATI()N CC>MPANIES. (See common carrters)-
Must report shipments game birds and animals_________________ 169-172 Hunters may personally transport game killed._________________ 172 May accept for shipment game and animals, how______________ 169-172-173
WILD CAT8-
How killed and captured--------------------------------------- 140
TURKEYs()penseason_____________________________________________________ 128 JBagliznit_________________________________________________________ 129
52
Paragraph WARDENs-
Commission and fees__----------------------------------- 144 RI>eutmiesi_tt_a_n__c_e__h_o_w__m___a_d_e__.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- 114543-161 Salaries how paid________________________________________________ 162 WILI> ANIMALS ANI> BIRI>BMust have permit to possess and have___________________________ 169 Must report possession to commissioner_________________________ 169 In what manner shipped and transported______________________ 169-174
58