Rule 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.Ga. Comp. R. & Regs. R. 391-4-2-.18
O.C.G.A. Sec. 27-1-4.
Original Rule entitled "Game Birds" adopted. F. Oct. 19, 1973; eff. Nov. 8, 1973.Repealed: New Rule of same title adopted. F. July 22, 1974; eff. August 11, 1974.Repealed: New Rule entitled "Fur Bearing Animals" adopted. F. Dec. 9, 1975; eff. Dec. 29, 1975.Repealed: New Rule of same title adopted. F. Aug. 5, 1976; eff. Aug. 25, 1976.Repealed: F. Sept. 14, 1977; eff. Oct. 4, 1977.Amended: New Rule entitled "Confinement of White-tailed Deer" adopted. F. June 2, 1997; eff. June 22, 1997.Repealed: New Rule of same title adopted. F. May 30, 2003; eff. June 19, 2003.Repealed: New Rule of same title adopted. F. June 16, 2005; eff. July 6, 2005.