Title 27, Chapter 3, Section 63
( 27-3-63)
(a) It shall be unlawful for any person to: (1) Trap any wildlife upon the right of way of any public road or
highway of this state; (2) Set, place, or bait any trap for the purpose of taking any
wildlife upon the land or in the waters adjoining the land of any
other person, except during the open trapping season for such
wildlife, and then only after obtaining the written consent of the
owner of the land, which written consent shall be carried upon the
trapper's person while engaged in trapping; (3) Trap any wildlife without inspecting the traps used for such
purpose at least once during each 24 hour period and removing from
the traps any wildlife caught therein; (4) Trap any wildlife by the use of any trap or other device which
is not legibly etched, stamped, or tagged by affixing a stamped
metal tag showing the owner's permanent trapper's identification
number as provided by the department or the owner's name. In the
event that a trap or other device etched or stamped with the
owner's permanent trapper's identification number or name is being
used in the field by another, such trap or device must have
attached to it a stamped metal tag with the user's permanent
trapper's identification number or name. Any trap or other device
found in use in the field which is not etched, stamped, or tagged
as required by this paragraph may be confiscated and destroyed by
the department through its officers and conservation rangers; (5) Ship or otherwise remove or cause to be removed from this
state any raw or undressed hide, fur, pelt, or skin of any
fur-bearing animal without first making a report to the department
of the removal on forms to be furnished by the department for such
purpose; (6) Fail to carry a weapon of .22 caliber rimfire while tending
traps and to fail to use such weapon to dispatch any fur-bearing
animal found in a trap, which animal is to be taken by the person; (7) Fail to carry a choke stick or similar device while tending
traps, which device shall be used for releasing domestic animals; (8) Set on land any trap with a jaw opening larger than 5 3/4
inches, provided that nothing in this Code section shall be
construed to restrict the type of trap which may be used in water; (9) Sell the fur, hide, or pelt of any domestic dog or cat caught
by a trap; (10) Sell the raw, undressed fur, hide, skin, or pelt of any
fur-bearing animal unless the person has a current valid
commercial trapping license or fur dealer license; or (11) Set any body-gripping trap (as opposed to a leg-hold trap) of
a size in excess of 9 1/2 inches square except in water or on land
within ten feet of water, including swamps, marshes, and tidal
areas.
(b) Any person who violates subsection (a) of this Code section
shall be guilty of a misdemeanor and shall be punished as for a
misdemeanor, subject to a minimum punishment as follows: (1) For the first offense, the offender shall be fined not less
than $100.00, except that this minimum fine shall not apply to the
offender if he is 17 years of age or younger; (2) For a second offense within a two-year period after the first
offense, the offender shall be fined not less than $300.00; or (3) For a third offense and for each subsequent offense within a
two-year period after the first offense, the offender shall be
fined not less than $750.00. |