Ga. Comp. R. & Regs. R. 391-4-2-.18 - Confinement of White-tailed Deer
(1) Definitions. As used in these Rules and
Regulations, the following term is defined as follows:
(a) "Confine" is to capture, possess or
impede free egress of white-tailed deer with a fenced enclosure on an area less
than 640 contiguous acres.
(b)
"Contiguous" means a single unit of land that shall not be transected by public
roads, creeks, rivers, or rights-of-way of public service
corporations.
(2) It
shall be unlawful to confine live white-tailed deer in an enclosure less than
640 contiguous acres except as permitted in O.C.G.A. §
27-2-12, §
27-2-13, AND §
27-2-22 and in enclosures more
than 300 but less than 640 acres registered with the Department of Natural
Resources as required in paragraph (5).
(3) White-tailed deer shall be considered to
be confined in an enclosure where any portion of the fence is equal to or
exceeds six feet in total height. Such fencing includes but is not limited to
game fencing, high fencing, deer-proof fencing, game-proof fencing, high
tensile wire, woven wire, red top, hog wire or electric wires.
(4) Anyone installing a high-fence (6 feet or
higher) that encloses a contiguous land area less than 640 acres must either
ensure:
(a) that no deer are captured, on
purpose or inadvertently, inside the enclosure;
(b) that multiple ground-level locations are
provided on all sides of an enclosure for deer to egress; or
(c) that no less than 25% of the total length
of the fence is 4 feet in height or less.
(5) Owners of existing enclosures which
confine white-tailed deer on more than 300 but less than 640 contiguous acres
must register the site with the Department of Natural Resources within ninety
days after the effective date of this regulation. No such enclosure shall be
eligible for registration unless it is complete requiring no further
expenditure of labor or material. Any enclosure registered with the Department
of Natural Resources must be maintained for the registration to remain in
effect. If any registered enclosure suffers damage through neglect or due to
natural causes and ceases to be effective in confining white-tailed deer for a
period_exceeding ninety days, the registration becomes invalid and the
enclosure cannot be renovated or repaired in the future for the purpose of
confining white-tailed deer.
(6) In
the event that a parcel of property including an enclosure, or an enclosure
itself, as herein described is sold or transfer of ownership is effected, the
new owner shall re-register such enclosure with the Department of Natural
Resources within ninety days after the effective date of such sale or
transfer.
(7) It is unlawful to construct any mound,
platform, one-way door, one-way gate, or other device designed to allow
white-tailed deer into an enclosed area regardless of size of the
enclosure.
(8) Upon registration,
the owner or his registering agent shall provide a means of access to the
enclosure to law enforcement personnel of the Department of Natural Resources
to allow them to exercise their authority to enforce all Game and Fish laws and
regulations.
(9) The provisions of
paragraphs (2), (3) and (4) shall not apply to local, state or federally-owned
public lands or airport authority on which fences are erected to protect public
health, safety or national security.
Notes
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