Ga. Comp. R. & Regs. R. 391-4-2-.29 - Hunting Deer with Dogs, Permits and Violations

(1) For purposes of administering O.C.G.A. Sec. 27-3-17 and issuance of permits, the following terms are defined:

(a) "Contiguous acres" means a single unit of land described on an application for a permit to hunt deer with dogs that may include multiple ownerships and may be transected by public roads, creeks, rivers, or rights-of-way of any public service corporation.

(b) "Eligible tracts" are those tracts of real property that contain a minimum of 1000 contiguous acres or a minimum of 250 contiguous acres owned by the applicant; provided, however, that any eligible tract or any part thereof which was included in an application for a permit pursuant to this Chapter which has been the subject of a revocation or non-renewal pursuant to O.C.G.A. Sec. 27-2-25 shall not be eligible for inclusion in any subsequent application for a permit for a period up to 2 years regardless of a change in the name or membership of the applicant until the expiration period of revocation or non-renewal.

(c) "Hunting deer with dogs" includes the act of placing, releasing or in any other manner causing or procuring the cause of dog(s) to be, or attempting to be, in the pursuit of running, trailing or baying deer, whether such act results in a taking or attempted taking or not. Once the owner of the dog(s), his agents, or permittees place, release or otherwise cause dog(s) to be in the pursuit of running, trailing or baying deer, then the owner, his agents or permittees are deemed to be "hunting deer with dogs" until such time that the dog owner, his agents or permittees have regained physical possession and control of the dog(s), or the dog(s) have otherwise ceased in the pursuit or attempted pursuit of running, trailing or baying deer.

(2) Permit applications are to include a written description of the eligible tract boundaries and associated acreage. Acceptable documents are limited to certified plats, recorded deeds, surveys, tax maps or notarized leases. Additionally, any person not included on the membership list provided with the application for the permit and hunting under the authority of the permit is considered a guest of the permittee and must possess written permission on his or her person from the permittee. Finally, permit applications are to be received by the department not less than 30 days prior to the first day for hunting deer with dogs on an eligible tract.

(3) It is unlawful to:

(a) enter or exit permitted property for any purpose other than points of access from public roads marked on the map without the express written permission of the adjacent landowner upon whose land entry or exit is made. The express written permission of the adjacent landowner or a copy thereof must be carried on the person making the entry or exit; or,

(b) fail to control hunting dogs to keep them on the permitted property; or,

(c) interfere with the right of any person to freely, and in an unrestricted manner, travel any public road or stream transecting or bordering the permitted property; or,

(d) violate any of the terms and/or conditions of a permit; or,

(e) submit false information on a permit application. The submission of false information makes said permit invalid and persons hunting under authority of that permit may be considered hunting in violation of the laws, rules and regulations authorizing the hunting of deer with dogs.

(4) A serious or habitual violation of laws, rules and regulations or conditions of a permit while engaged in deer hunting with dog activities on or commencing from permitted tracts provide justification for revocation and or denial of permitted activities.

(5) The Commissioner, pursuant to O.C.G.A. Sec. 50-13-18(c)(1) may, upon a finding that the public health, safety, or welfare imperatively requires emergency action, incorporate such a finding into his order and order a summary suspension of a permit pending proceedings for revocation or other action, which proceeding shall be promptly instituted and determined. Evidence of physical harm or threats of physical harm to adjacent landowners, interference with the free and unrestricted travel of public roads or streams, significant destruction of the property of adjacent landowners or multiple violations of a permit in a single season is sufficient for a finding that the public health, safety, or welfare imperatively requires emergency action.

(6) Revocation or denial of a permit is for an eligible tract in its entirety, regardless of size, and remains in effect for a period of up to two years.

Notes

Ga. Comp. R. & Regs. R. 391-4-2-.29

O.C.G.A. §§ 27-1-4, 27-3-17.

Original Rule entitled "Field Trial Permits" was filed on October 19, 1973; effective November 8, 1973. Amended: Rule repealed and a new Rule of the same title adopted. Filed July 22, 1974; effective August 11, 1974. Amended: Rule repealed and a new Rule entitled "Taxidermist Permits" adopted. Filed December 9, 1975; effective December 29, 1975. Amended: Rule repealed and a new Rule entitled "Trapping" adopted. Filed August 5, 1976; effective August 25, 1976. Amended: Rule repealed and a new Rule entitled "Deer Firearms Zone III" adopted. Filed September 14, 1977; effective October 4, 1977. Amended: Rule repealed and a new Rule entitled "Fox Statewide" adopted. Filed September 6, 1978; effective September 26, 1978. Amended: Rule repealed. Filed July 26, 1979; effective August 15, 1979. Adopted: New Rule entitled "Permit Requirements for Hunting Deer with Dogs." F. Jun. 13, 2013; eff. July 3, 2013. Repealed: New Rule of same title adopted. F. July 13, 2017; eff. August 2, 2017. Amended: New title "Hunting Deer with Dogs, Permits and Violations." F. June 8, 2021; eff. June 28, 2021.