2021 Georgia Code
Title 27 - Game and Fish
Chapter 2 - Licenses, Permits, and Stamps Generally
Article 1 - Hunting, Trapping, or Fishing
§ 27-2-6. Trout License, Georgia Waterfowl and Migratory Bird Stamp, Big Game License, and Alligator Harvest Permit

1. It shall be unlawful for any person who has attained the age of 16 years to fish for or possess mountain trout or to fish in any waters designated as trout waters or trout streams pursuant to Code Section 27-4-51 unless such person has in his or her possession a trout license in addition to his or her fishing license.
2. It shall be unlawful for any person who has attained the age of 16 years to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license; provided, however, that all nonresidents, regardless of age, must possess a nonresident hunting/fishing license along with any harvest records required by law or regulation to hunt big game in this state.
3. It shall be unlawful for any person who has attained the age of 16 years to hunt ducks, geese, or swans unless such person has in his or her possession a Georgia waterfowl and migratory bird stamp in addition to the required hunting license; provided, however, that a Georgia waterfowl and migratory bird stamp or a landowner Georgia waterfowl and migratory bird stamp shall be required for any resident of this state to hunt migratory birds on premises owned by him or her or his or her immediate family.
4. It shall be unlawful for any person who has attained the age of 16 years to hunt alligators unless such person has in his or her possession a valid hunting license. A resident or nonresident alligator harvest permit shall be required to harvest an alligator. Such permit shall be free to lifetime license holders if selected as part of any department quota or lottery.
5. No resident of this state shall be required to obtain a trout license or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family.
6. Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout license when fishing in impounded waters on lands owned or leased by the department.

(Ga. L. 1971, p. 38, § 1; Ga. L. 1973, p. 274, § 2; Code 1933, § 45-302, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 21; Ga. L. 1978, p. 2290, § 5; Ga. L. 1979, p. 1255, § 5; Ga. L. 1979, p. 1320, § 2; Ga. L. 1989, p. 506, § 2; Ga. L. 1998, p. 783, § 7; Ga. L. 1998, p. 1550, § 2; Ga. L. 2000, p. 136, § 27; Ga. L. 2001, p. 1013, § 9; Ga. L. 2003, p. 654, § 6; Ga. L. 2009, p. 787, § 4/HB 326; Ga. L. 2017, p. 27, § 8/HB 208.)

The 2017 amendment, effective July 1, 2017, in subsection (c), substituted "a Georgia waterfowl and migratory bird stamp" for "an official Georgia waterfowl license" near the end and added the proviso at the end; in subsection (d), substituted "possession a valid hunting license." for "possession an alligator hunting license in addition to the required hunting license; provided, however, that this subsection shall not apply to lifetime license holders." in the first sentence and added the last two sentences and deleted ", official Georgia waterfowl license," following "trout license" near the middle of subsection (e). See Editor's note for applicability.

- Ga. L. 2017, p. 27, § 20/HB 208, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall be applicable to all offenses occurring on or after July 1, 2017.

JUDICIAL DECISIONS

Incorrect date on summons.

- Because the date of the alleged offense is not generally material, except for statute of limitations purposes, and failure to rely on a specific date is not harmful unless the defendant is surprised and prejudiced in the preparation of a defense, defendant was not harmed by the appearance of an incorrect date on the summons. Blackwelder v. State, 256 Ga. 283, 347 S.E.2d 600 (1986).

- Evidence that defendant obtained resident hunting licenses by giving a Georgia address as defendant's legal residence, while a resident of the State of Virginia, evidence of the act of hunting and testimony that defendant had been hunting and had taken a turkey was sufficient to sustain defendant's conviction under O.C.G.A. § 27-2-6. Blackwelder v. State, 256 Ga. 283, 347 S.E.2d 600 (1986).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1955, p. 483, as it read prior to revision by Ga. L. 1977, p. 396, § 1, are included in the annotations for this Code section.

- Nonresidents under 16 years of age could fish for other than mountain trout with no license but, when fishing for mountain trout, would have to have both a sport fishing license and a trout stamp. 1971 Op. Att'y Gen. No. 71-130 (decided under Ga. L. 1977, p. 396, § 1).

- A nonresident under the age of 16 would not have to have a license to hunt small game; however, when hunting big game, a nonresident must have a hunting license and a big game license. 1971 Op. Att'y Gen. No. 71-130 (decided under Ga. L. 1977, p. 396, § 1).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, §§ 22, 42 et seq., 56 et seq.

- 36A C.J.S., Fish, §§ 28, 35. 38 C.J.S., Game; Conservation and Preservation of Wildlife, § 51 et seq.

- Validity, construction, and application of state statutes prohibiting, limiting, or regulating fishing or hunting in state by nonresidents, 31 A.L.R.6th 523.