HB 946: Game and fish; authorize hunting and trapping of feral hogs under certain circumstances

House Bill 946 (AS PASSED HOUSE AND SENATE)

By: Representatives Clifton of the 131st, Rhodes of the 124th, Ridley of the 6th, Kelley of the 16th, Cannon of the 172nd, and others

A BILL TO BE ENTITLED

AN ACT

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize hunting and trapping of feral hogs under certain circumstances; to repeal provisions relating to wildlife control permits for feral hogs; to authorize location of feral hogs with unmanned aircraft systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Article 1 of Chapter 2, relating to hunting, trapping, or fishing, by revising subsection (a) of Code Section 27-2-1, relating to hunting, trapping, or fishing without license or permit generally and nonresidents, as follows:

"(a) It shall be unlawful for any person to hunt, fish, trap, or possess any wildlife or feral hog without first procuring all of the licenses, stamps, or permits required or authorized under this title; provided, however, that persons may trap feral hogs without a hunting or trapping license, provided that such hogs shall be killed upon capture."

SECTION 2.

Said title is further amended in said article by revising subsection (b) of Code Section 27-2-31, relating to wildlife control permits, as follows: "(b)(1) In issuing a wildlife control permit, the department shall prescribe the method, means, species, numbers, time limits, location, and any other conditions it deems necessary to ensure the continued viability of the wildlife population involved and to ensure that the public safety and interest are not compromised.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, a wildlife control permit for feral hogs shall authorize the hunting or trapping of such feral hogs:

(A) At night with a light except during the season prescribed for hunting deer;

(B) From within a motor vehicle or while on a motor vehicle; and

(C) By a Georgia resident without a hunting or trapping license if such hunting occurs on premises owned by the permittee or his or her immediate family or leased by him or her or his or her immediate family and used primarily for raising or harvesting crops other than timber or for containing livestock or poultry. Nothing in this subparagraph shall be construed to affect or negate the terms of any lease agreement.

(3) A wildlife control permit for feral hogs shall expire not less than five years from the issuing date; provided, however, that if the permittee is leasing the premises upon which the hunting is to occur, such permit shall expire automatically upon the termination of the lease. The department shall provide for the renewal of permits."

SECTION 3.

Said title is further amended in Part 1 of Article 1 of Chapter 3, relating to general provisions regarding hunting, by revising Code Section 27-3-13, relating to hunting of wildlife or feral hog from boats, aircraft, or motor vehicles, as follows:

"27-3-13.

(a) Except as provided in subsection (a.1) of this Code section, it It shall be unlawful to hunt any wildlife or feral hog from an electric, gas, or diesel boat, a steamboat, a sailboat, an aircraft, a hydroplane, a hovercraft, or a motor vehicle; except that alligators may be hunted from any boat or watercraft under power and feral hogs may be hunted on private property, subject to the provisions of Code Section 27-3-24, from motor vehicles in accordance with an applicable wildlife control permit issued by the department.

(a.1) Unmanned aircraft systems, as such term is defined in Code Section 6-1-4, may be used to locate feral hogs, subject to all applicable laws and regulations governing the use of unmanned aircraft systems.

(b) Any person who violates the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $250.00 and, in the discretion of the sentencing court, imprisonment confinement for not more than 12 months; provided, however, that such fine shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.