Title 27, Chapter 1, Section 2
As used in this title, the term:
(1) "Adult supervision" means under the command and control of a
person 18 years of age or older, with the minor being within sight
or hearing distance of such person.
(1.1) "Alligator" means Alligator mississippiensis, commonly known
as the American alligator.
(2) "Alligator farming" means the possession, propagation, and any
other act involved in the production of live alligators.
(3) "Alligator product" means any product or article made, either
wholly or in part, from any part of the hide of an alligator or
alligator meat or any other part of an alligator carcass or
(4) "Artificial lure" means any lure which is made completely of
natural or colored plastic, wood, cork, rubber, metal, feathers,
hair, tinsel, styrofoam, sponge, or string, or any combinations of
such materials, in imitation of or as a substitute for natural
bait. Such term does not include any item which is sprayed with
or containing scented or chemical attractions.
(5) "Bag limit" or "creel limit" means the quantity of wildlife
which may be taken, caught, or killed during a specified period.
(6) "Big game" means turkey, deer, and bear.
(7) "Board" means the Board of Natural Resources.
(8) "Bushel" means the present United States standard bushel, as
determined by the United States Department of Agriculture, which
standard bushel measures 2150.4 cubic inches.
(9) "Business premises" means any place of business operation
including, but not limited to, offices, sheds, warehouses,
vessels, boats, houses, ponds, and other such locations where
commercial activity takes place and specifically includes the
equipment used in conducting such activity.
(10) "Carrier" means a person engaged in the business of
transporting goods and specifically includes a common carrier, a
contract carrier, a private carrier, and a transportation company.
(10.1) "Cast net" means a cone shaped net designed to be thrown
and retrieved by hand and designed to spread out and capture fish
and shrimp as the weighted circumference sinks to the bottom and
comes together when pulled by a line.
(11) "Catch-out pond" means a fresh-water pond or lake where the
owner or operator charges persons a fee for the right to fish
(12) "Clam rake" means a hand-held rake, or a tool consisting of a
long handle with a bar that is set transversely with projecting
prongs and with a wire basket or enclosure modification, which
rake or tool is suitable for scratching and removing mollusks of
the class Pelecypoda from estuarine and marine substrates.
(13) "Commercial" means of or relating to buying, selling, or
exchanging or offering for purchase, sale, or exchange.
(13.1) "Commercial cast net" means a cast net constructed of a minimum of five-eighths inch bar mesh and having a radius not more than 12 feet and in compliance with the provisions of Code Section 27-4-13.
(13.2) "Commercial cast netting" means taking shrimp for
commercial sale for food purposes.
(14) "Commercial crab trap" means an oblong cage or other cubical
structure which is constructed of wooden slats, hardware cloth,
chicken wire, or other similar material, which has one or more
tunnel-shaped entrances which allow ingress but limit egress,
which is to be used as a trap, which is designed to be left
unattended for long periods of time, and which is used for
catching decapod crustaceans, mainly of the species Callinectes
(15) "Commercial fish hatchery" means a facility consisting of two
or more ponds or a raceway system which is capable of growing fish
from eggs, fry, or fingerlings to a commercially salable size and
which produces fish from such eggs, fry, or fingerlings for sale
more than once annually.
(16) "Commercial fishing" means fishing for the purpose of sale,
the sale or offering for sale of fish by the person taking such
fish, or fishing with commercial fishing gear.
(17) "Commercial quantities" means an amount equal to one bushel
(18) "Commercial shooting preserve" means any shooting preserve
open to the general public for a fee.
(19) "Commercial trapper" means a person who traps on any land
other than that belonging to himself or to his immediate family.
(20) "Commissioner" means the commissioner of natural resources.
(21) "Crab" means any crab of the species Callinectes sapidus.
(22) "Department" means the Department of Natural Resources.
(23) "Domestic species" means those taxa of animals which have
traditionally lived in a state of dependence on and under the
dominion and control of man and have been kept as tame pets,
raised as livestock, or used for commercial breeding purposes,
including, but not limited to, dogs, cats, horses, cattle,
ratites, and chickens. Animals which live in a captive or tame
state and which lack a genetic distinction from members of the
same taxon living in the wild are presumptively wild animals,
except that lawfully obtained farmed fish which are held in
confinement in private ponds shall be known as and considered to
be "domestic fish," but only if they are fish species which are
either indigenous to Georgia or are fish species which have been
recognized prior to 1992 as having an established population in
Georgia waters other than private ponds; provided, however, that
Morone americana, white perch, shall not be a domestic fish.
(24) "Educational" means of or relating to an attempt to learn or
convey information about the characteristics and behavior of wild
animals or wildlife, where such an attempt is made:
(A) In a public or private college, university, secondary
school, or primary school, which college, university, or school
is accredited by either the Georgia Accrediting Commission,
Inc., or the Southern Association of Colleges and Schools;
(B) By an independent study conducted in affiliation with any of
the institutions mentioned in subparagraph (A) of this
(C) By any chartered association or society organized for the
purpose of conveying knowledge about such species to its
(D) By a research facility; or
(E) By a governmental agency.
(25) "Established bait dealership" means a facility which is used
in whole or in part to sell shrimp for bait and which has been
inspected by employees of the department and which has been issued
a bait dealer license.
(26) "Falconer" means a person licensed according to the laws and
rules and regulations pertaining to falconry.
(27) "Falconry" means the sport of taking quarry by means of a
(27.1) "Farmed deer" means fallow deer (Dama dama), axis deer
(Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus
elaphus), and reindeer and caribou (Rangifer tarandus), and
hybrids between these farmed deer species raised for the
commercial sale of meat and other parts or for the sale of live
(28) "Feral hog" means any hog which is normally considered
domestic but which is living in a wild state and cannot be claimed
in private ownership.
(29) "Fishing" means catching, capturing, taking, or killing fish,
mussels, and all seafood and includes all lesser acts such as
attempting to catch, capture, or kill by any device or method and
every act of direct assistance to any person in catching or
attempting to catch fish, mussels, or seafood.
(30) "Full-time employee" means a person who works at least 30
hours per week for one employer. Expressly excluded from this
term is an independent contractor or casual vendor who does not
receive regular periodic compensation from one employer.
(31) "Fur-bearing animals" means the following animals: mink,
otter, raccoon, fox, opossum, muskrat, skunk, bobcat, and weasel.
(32) "Fur dealer" means a person who purchases or sells raw
undressed hides, furs, pelts, or skins of fur-bearing animals and
alligator hides or alligator products, excluding alligator meat;
provided, however, those persons engaged in wholesale or retail
furrier operations, that is, those who engage in the manufacture
or production of finished fur or alligator products, shall not be
fur dealers for purposes of this title.
(33) "Fur dealer's agent" means any person who represents the
owner of or a dealer in furs, alligator hides, or alligator
products for the purpose of selling such furs, alligator hides, or
(34) "Game animals" means the following animals: bear, bobcat,
deer, fox, opossum, rabbit, raccoon, sea turtles and their eggs,
squirrel, cougar (Felis concolor), and all members of the families
Alligatoridae and Crocodylidae.
(35) "Game birds" means the following birds: turkey, quail,
grouse, and all migratory game birds.
(36) "Game fish" means the following fish, except domestic fish as
provided in paragraph (23) of this Code section:
(i) Largemouth bass;
(ii) Smallmouth bass;
(iii) White bass;
(iv) Striped bass;
(v) Spotted bass;
(vi) Redeye (Coosa) bass;
(vii) Striped-white bass hybrid;
(viii) Shoal bass (Flint River smallmouth); and
(ix) Suwannee bass;
(i) Rainbow trout;
(ii) Brown trout; and
(iii) Brook trout;
(i) White crappie; and
(ii) Black crappie;
(i) American shad; and
(ii) Hickory shad;
(E) Sunfish or bream:
(ii) Spotted sunfish (stumpknockers);
(iii) Rockbass (goggleye);
(iv) Shadow bass;
(v) Redbreast sunfish;
(vi) Redear sunfish;
(vii) Bluegill (bream); and
(i) Walleye; and
(i) Chain pickerel;
(ii) Grass pickerel; and
(iii) Redfin pickerel; and
(i) Channel catfish; and
(ii) Flathead catfish.
(37) "Game species" means all game animals, game birds, and game
(38) "Held as pets" means the possession of any wild animal for
purposes other than scientific, educational, or public exhibition
purposes or other than for sale to the general public or other
than for resale to a retail dealer, an exhibition, or a research
(39) "Hunting" means pursuing, shooting, killing, taking, or
capturing wildlife or feral hogs. This term also includes acts
such as placing, setting, drawing, or using any device used to
take wildlife or feral hogs, whether any such act results in
taking or not, and includes every act of assistance to any person
in taking or attempting to take such wildlife or feral hogs.
(40)(A) "Immediate family," except insofar as that term relates
to trapping, trappers, and fur dealers, means all persons living
in one household under one head of household and bearing a blood
or dependent relationship to such head of household.
(B) "Immediate family," insofar as that term relates to
trapping, trappers, and fur dealers, means son, daughter,
father, mother, brother, sister, granddaughter, grandson, or
(40.1) "License" means any document, decal, stamp, permit, or
temporary license identification number which authorizes the
holder to participate in any activity regulated by the department
and which is issued by the department; provided, however, that a
temporary license number shall be a valid license for ten days
from the date of issuance.
(41) "Licensed bait dealer" means the owner of an established bait
dealership within this state who has been properly licensed and
bonded pursuant to the applicable laws and regulations.
(42) "May" means is authorized, but not required, and denotes
discretion and permission rather than command. When "may" is used
in authorizing a certain action to be taken, it shall also include
the authorization to change that action.
(43) "Migratory game birds" means all the following birds: brant,
coots, cranes, doves, ducks, gallinules, geese, rails, snipe,
swans, and woodcock. Birds which are mutations of such birds and
birds which are the result of hybridization between such birds or
between such birds and other birds are included as migratory game
(44) "Mountain trout" means rainbow, brook, and brown trout.
(45) "Night" means between the hours of 30 minutes after sunset
and 30 minutes before sunrise.
(46) "Nongame fish" means any fish not included within the
definition of the term "game fish" in this Code section and is
synonymous with the term "rough fish."
(47) "Peeler" means a crab which has a soft shell fully developed
under the hard shell and which has a pink or red line on the outer
edge of the swimming paddles.
(48) "Pen raised game birds" means game birds which are raised in
captivity and are more than two generations removed from the wild.
(49) "Perishable" means likely to deteriorate quickly in quality
or value unless given special treatment such as dressing,
freezing, or cold storage.
(50) "Person" means any individual, partnership, firm,
corporation, association, or other entity.
(51) "Pole and line" means any hand line or any type of pole with a line attached and specifically includes a casting rod, a spinning rod, a fly rod, and all similar hand-held equipment for use with bait or artificial lure; provided, however, such pole and line may only be used to entice fish to strike or bite such bait or lure. (52) "Private oyster or clam beds" means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is not vested in the state pursuant to Code Sections 44-8-6, 44-8-7, and 44-8-8.
(53) "Private pond" means a body of water wholly on or within the
lands of one title from which fish cannot go upstream or
downstream or to the lands of another.
(54) "Private shooting preserve" means any shooting preserve owned
or leased by an individual, partnership, firm, corporation,
association, or other entity and used only by the owners, members,
(55) "Public exhibition" means any commercial or noncommercial
display of wild animals or wildlife to the general public,
including displays held in nontraveling facilities in fixed
locations or displays held in transient facilities which travel to
different parts of the state.
(56) "Public road" means any road open to and intended for use by
the public and maintained at public expense.
(57) "Purchase" means to acquire, obtain, or receive or to attempt
to acquire, obtain, or receive by exchange of valuable
consideration. This term specifically includes barter and
(58) "Raptor" means a live migratory bird of the order
Falconiformes or the order Strigiformes, other than the bald eagle
(Haliaeetus leucocephalus) or the golden eagle (Aquila
(59) "Rats and mice" means any gnawing mammal of the class
Mammalia, the subclass Theria, the order Rodentia, and either the
family Muridae or the family Cricetidae and the genera Peromyscus,
Sigmodon, Oryzomys, or Reithrodontomys.
(59.1) "Recreational bait shrimp cast net" means a cast net constructed of a minimum of three-eighths inch mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. Such term shall include any cast net which exceeds such minimum mesh size.
(59.2) "Recreational bait shrimp cast netting" means taking shrimp
for noncommercial use as bait by means of a cast net.
(59.3) "Recreational food shrimp cast net" means a cast net constructed of a minimum of one-half inch bar mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13.
(59.4) "Recreational food shrimp cast netting" means taking shrimp
for noncommercial food purposes by means of a cast net.
(60) "Resident" means any citizens of the United States who has
been domiciled within the State of Georgia for a period of at
least three months. For purposes of issuing or procuring the
noncommercial hunting and fishing licenses required by this title,
residents shall include full-time military personnel on active
duty who list Georgia as their home of record in their official
military files or who are stationed at a military base located in
Georgia and the dependents of such military personnel.
(61) "Retail fish dealer" means any person engaged in the
purchasing, raising, propagating, breeding, or other acquiring or
possessing of live fish or fish eggs to be sold or furnished to
others for use thereby, other than for resale or for aquaria.
(62) "Scientific" means of or relating to a systematic attempt,
made at a public or private college, university, secondary school,
or primary school, which college, university, or school is
accredited by either the Georgia Accrediting Commission, Inc., or
the Southern Association of Colleges and Schools; or made in the
course of an independent study conducted in affiliation with any
of the aforementioned institutions; or made by any chartered
association or society organized for the purpose of conveying
knowledge to its members; or made by a research facility or a
governmental agency, for the purpose of discovering new knowledge
through the possession of wild animals or wildlife for the testing
of a theory or hypothesis, such theory or hypothesis to be tested
according to the accepted procedures of observation, comparison,
objective data collection, and analysis.
(63) "Seafood" means marine and estuarine fauna or flora used as
food or of a kind suitable for food and specifically includes, but
is not limited to, shrimp taken for bait and horseshoe crabs taken
(64) "Sell" means to dispose of, transfer, or convey or to attempt
to dispose of, transfer, or convey by exchange of money or other
valuable consideration. This term specifically includes barter
(65) "Shedding facility" means a soft-shell crab facility
containing a tank or other enclosure in which peelers are or may
be kept alive until they shed their shells and become soft-shell
crabs and containing such other equipment as may be prescribed by
(65.1) "Shellfish" means common bivalve mollusks which includes
all edible species of oysters, clams, mussels, or other bivalves.
(65.2) "Shellfish management area" means a wildlife management
area where shellfish are managed by the state or lessees for the
propagation of shellfish.
(66) "Shooting preserve" means any area utilized for the purpose
of shooting or taking, or shooting and taking, game birds or pen
raised game birds.
(67) "Small game" means all game animals and game birds other than
(68) "Soft-shell crab" means a crab which has just emerged from
its old shell and has a new soft, pliable shell.
(69) "Soft-shell crab dealer" means any person operating a shedding facility approved by the department. (70) "State owned oyster or clam beds" means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is vested in the state pursuant to Code Sections 44-8-6, 44-8-7, and 44-8-8.
(71) "Taking" means killing, capturing, destroying, catching, or
(71.1) "Ten-foot net" means a trawl with a cork line not to exceed
ten feet from tie-to-tie between the first and last mesh across
the mouth of the net, a lead line not to exceed 13 feet from
tie-to-tie between the first and last mesh across the mouth of the
net, and leg lines of equal length. No webbing shall extend toward
the door beyond the original brail lines which run vertically
between the first tie at each end of the cork line and the first
tie at each end of the lead line.
(72) "Trapping" means taking, killing, or capturing wildlife with
traps. This term also includes all lesser acts such as placing,
setting, or staking such traps, whether such acts result in taking
or not, and attempting to take and assisting any person in taking
or attempting to take wildlife with traps.
(72.1) "Twenty-foot net" means a trawl with a cork line not to
exceed 20 feet from tie-to-tie between the first and last mesh
across the mouth of the net, a lead line not to exceed 25 feet
from tie-to-tie between the first and last mesh across the mouth
of the net, and leg lines of equal length. No webbing shall
extend toward the doors beyond the original brail lines which run
vertically between the first tie at each end of the cork line and
the first tie at each end of the lead line.
(73) "Waters of this state" means any waters within the
territorial limits of this state and the marginal sea adjacent to
this state and the high seas when navigated as a part of a journey
or ride to or from the shore of this state except ponds or lakes
not open to the public, whether such ponds or lakes are within the
lands of one title or not.
(74) "Wholesale fish dealer" means any person engaged in purchasing, raising, propagating, breeding, or acquiring or possessing live fish or fish eggs to be sold or furnished to others for the purpose of resale, including any person engaged in transporting live fish or fish eggs into this state; provided, however, that any person who holds or sells only "domestic fish" and is registered pursuant to Code Section 27-4-255 or any person who holds or sells fish solely for use in aquaria shall not be considered a wholesale fish dealer.
(75) "Wild animal" means any animal which is not wildlife and is
not normally a domestic species in this state. This term
specifically includes any hybrid or cross between any combination
of a wild animal, wildlife, and a domestic animal. Offspring from
all subsequent generations of such crosses or hybrids are wild
(76) "Wild animal business" means the importation, transportation, or possession of any wild animal for the purpose of sale or transfer. (77) "Wildlife" means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof.