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§ 27-3-19 - Hunting alligators; possessing alligator products; gathering alligator eggs

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O.C.G.A.27-3-19 (2010) 27-3-19.Hunting alligators; possessing alligator products; gathering alligator eggs (a)Exceptas provided in Code Section 27-3-15, it shall be unlawful for anyperson to hunt alligators within this state. The display or use of alight in any area closed to alligator hunting by any person nototherwise authorized to do so by regulations of the board in a placewhich alligators might be known to inhabit and in a manner capable ofdisclosing the presence of alligators, together with the possession offirearms, spear guns, gigs, harpoons, or other such equipmentcustomarily used for the taking of alligators, during the period betweenone-half hour after sunset and one-half hour before sunrise shall beconsidered prima-facie evidence of an intent to violate this subsection.(b)Anyperson who violates the provisions of subsection (a) of this Codesection shall be guilty of a misdemeanor and, upon conviction thereof,shall be punished by a fine of not less than $500.00 and, in thediscretion of the sentencing court, imprisonment for not more than 12months; provided, however, that such fine shall not be subject tosuspension, stay, or probation except that if the court finds thatpayment of such fine would impose great economic hardship upon thedefendant, the court may order such fine paid in installments.(c)(1)Itshall be unlawful for any person to possess, buy, or sell in this statethe untanned hide or skin or alligator products from an alligator notlawfully taken under the authority of Code Section 27-3-15. All suchhides, skins, and alligators not lawfully taken are declared to becontraband and shall be seized and disposed of as directed by thecommissioner. Possession in a store, warehouse, or retail place ofbusiness of such untanned hides or skins or alligator products notlawfully taken shall be prima-facie evidence of violation of thissubsection. This subsection shall not apply to alligator products madefrom hides or skins of alligators produced on farms licensed under thistitle or from hides or skins of alligators lawfully possessed, taken, oracquired outside or inside this state, nor shall any provision of thissubsection be construed so as to prohibit the preparation, processing,or manufacturing of such commercially grown or lawfully possessed,taken, or acquired alligator hides or the storage or sale of productsmade therefrom, subject to rules and regulations promulgated by theboard.(2)It shall be unlawful for anyperson to gather alligator eggs from the wild or possess alligator eggsgathered from the wild in this state except pursuant to permit issued bythe department for such purpose. The board shall establish theconditions of such permits by such rules or regulations as arereasonable and necessary under sound game management practices, whichshall include without limitation specification of when and where sucheggs may be gathered, limits on the number of eggs that may be gathered,the placement of gathered eggs in incubators, return of a minimumpercentage and size of hatchlings from gathered eggs to the wild, andpermit fees in such amounts as are necessary to cover the cost ofadministration. This paragraph shall not apply to the collection ofalligator eggs from an alligator farm licensed under this title.(d)(1)Itshall be unlawful to possess or transport into this state any untannedalligator hide, skin, or alligator product from any place in which thetaking of alligators is prohibited.(2)Itshall be unlawful to possess or transport into this state any alligatoreggs gathered from the wild from any place where such gathering ofalligator eggs from the wild is prohibited.(3)Allsuch hides, skins, alligator products, and alligator eggs are declaredto be contraband and shall be seized and disposed of in accordance withCode Section 27-1-21.(4)Notwithstandingany other provision to the contrary, it shall be lawful to possess andtransport into this state any untanned alligator hide, skin, alligatorproduct, or alligator egg which was lawfully taken and transported andwhich is accompanied by a bill of sale, bill of lading, invoice, orpermit.(e)Any person who possesses anyuntanned alligator hide, skin, alligator product, or alligator egg fromany place in which the taking of alligators is lawful, the gathering ofalligator eggs from the wild is lawful, or from an alligator farmlicensed under this title shall retain such receipts, invoices, bills oflading, permits, or other indicia of lawful possession, taking, oracquisition as are necessary to indicate clearly at all times the placeof origin of the specific untanned alligator hides, skins, alligatorproducts, or alligator eggs possessed.(f)Thehunting privileges of a person found guilty of hunting alligators atnight in violation of subsection (a) of this Code section shall besuspended by the court of jurisdiction for a period not less than twoyears.
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  • O.C.G.A. 27-3-19 (2010)
    27-3-19. Hunting alligators; possessing alligator products; gathering alligator eggs


    (a) Except as provided in Code Section 27-3-15, it shall be unlawful for any person to hunt alligators within this state. The display or use of a light in any area closed to alligator hunting by any person not otherwise authorized to do so by regulations of the board in a place which alligators might be known to inhabit and in a manner capable of disclosing the presence of alligators, together with the possession of firearms, spear guns, gigs, harpoons, or other such equipment customarily used for the taking of alligators, during the period between one-half hour after sunset and one-half hour before sunrise shall be considered prima-facie evidence of an intent to violate this subsection.

    (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 $500.00 and, in the discretion of the sentencing court, imprisonment 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.
    (c)(1) It shall be unlawful for any person to possess, buy, or sell in this state the untanned hide or skin or alligator products from an alligator not lawfully taken under the authority of Code Section 27-3-15. All such hides, skins, and alligators not lawfully taken are declared to be contraband and shall be seized and disposed of as directed by the commissioner. Possession in a store, warehouse, or retail place of business of such untanned hides or skins or alligator products not lawfully taken shall be prima-facie evidence of violation of this subsection. This subsection shall not apply to alligator products made from hides or skins of alligators produced on farms licensed under this title or from hides or skins of alligators lawfully possessed, taken, or acquired outside or inside this state, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing, or manufacturing of such commercially grown or lawfully possessed, taken, or acquired alligator hides or the storage or sale of products made therefrom, subject to rules and regulations promulgated by the board.

    (2) It shall be unlawful for any person to gather alligator eggs from the wild or possess alligator eggs gathered from the wild in this state except pursuant to permit issued by the department for such purpose. The board shall establish the conditions of such permits by such rules or regulations as are reasonable and necessary under sound game management practices, which shall include without limitation specification of when and where such eggs may be gathered, limits on the number of eggs that may be gathered, the placement of gathered eggs in incubators, return of a minimum percentage and size of hatchlings from gathered eggs to the wild, and permit fees in such amounts as are necessary to cover the cost of administration. This paragraph shall not apply to the collection of alligator eggs from an alligator farm licensed under this title.
    (d)(1) It shall be unlawful to possess or transport into this state any untanned alligator hide, skin, or alligator product from any place in which the taking of alligators is prohibited.

    (2) It shall be unlawful to possess or transport into this state any alligator eggs gathered from the wild from any place where such gathering of alligator eggs from the wild is prohibited.

    (3) All such hides, skins, alligator products, and alligator eggs are declared to be contraband and shall be seized and disposed of in accordance with Code Section 27-1-21.

    (4) Notwithstanding any other provision to the contrary, it shall be lawful to possess and transport into this state any untanned alligator hide, skin, alligator product, or alligator egg which was lawfully taken and transported and which is accompanied by a bill of sale, bill of lading, invoice, or permit.

    (e) Any person who possesses any untanned alligator hide, skin, alligator product, or alligator egg from any place in which the taking of alligators is lawful, the gathering of alligator eggs from the wild is lawful, or from an alligator farm licensed under this title shall retain such receipts, invoices, bills of lading, permits, or other indicia of lawful possession, taking, or acquisition as are necessary to indicate clearly at all times the place of origin of the specific untanned alligator hides, skins, alligator products, or alligator eggs possessed.

    (f) The hunting privileges of a person found guilty of hunting alligators at night in violation of subsection (a) of this Code section shall be suspended by the court of jurisdiction for a period not less than two years.

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