This site will be continually under construction and changing as the states, counties and municipals continually change their regulations and laws. These are the current regulations for 1996 that we have received to date. If you have other information, please let us know the citations of those laws or regulations, the state and when the changes went or will go into effect by sending e-mail to lawschange@monkeymaddness.com.
Game and Fish
'27-1-2
(rev.95)
(75) Wild animal" means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals.
(76) "Wild animal business" means the importation, transportation, or possession of any wild animal for the purpose of sale or transfer.
(77) "Wildlife" means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquacullurists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof. (Ga. L. 1911, p. 142, '11; Ga. L. 1912, p. 113, '4; Ga. L. 1925, p. 304, '7; Code 1933, ''45-301, 45-328; Ga. L. 1937, p. 675. '7; Ga. L. 1937-38, Ex. Sess., p. 332, '4; Ga. L. 1955, p. 438, '2; Ga. L. 1960, p. 974, '1; Ga. L. 1961, p. 515, '1; Ga. L. 1968, p. 497, '2; Ga. L. 1969, p. 812, '1; Ga. L. 1971, p. 236, '1; Ga. L. 1973, p. 274, '2; Ga. L. 1973, p. 897, '1; Ga. L. 1976, p.771, '1; Code 1933, '45-102, enacted by Ga. L. 1977, p. 396, '1; Ga. L. 1977, p. 1270, '1; Ga. L. 1978, p. 816, ''1-6; Ga. L. 1979, p. 420, ''1, 2; Ga. L. 1979, p. 678, ''1-12; Ga. L. 1979, p. 800, '1; Ga. L. 1979, p. 893, ''1-3; Ga. L. 1979, p. 1094, ''1,2; Ga. L. 1981, p. 798, '1; Ga.L. 1985, p. 913, '1; Ga. L. 1985, p. 1047, ''1, 2; Ga. L. 1986, p. 1460, '3; Ga. L. 1988, p. 848, ''1, 2; Ga. L. 1989, p. 1207, '1; Ga. L. 1989, p. 1579, ''1, 2; Ga. L. 1991, p. 693, '1; Ga. L. 1992, p. 6, '27; Ga. L. 1992, p. 1507, '2; Ga. L. 1992, p. 1636, '1; Ga. L. 1992, p. 2863, '1; Ga. L. 1993, p. 779, '1; Ga. L. 1994, p. 600, '1; Ga. L. 1994, p. 1742, '1; Ga. L. 1995, p. 244, '30; Ga. L. 1995, p. 543, '1; Ga. L. 1995, p. 946, '1.)
The 1991 amendment, effective July 1, 1991, added paragraphs (65.1) and (65.2).
GEORGIA WILD ANIMAL LAW
CHAPTER 5
Wild Animals
The General Assembly finds and declares that it is in the public interest to insure the public health, safety, and welfare strictly regulating in this state the importation, transportation, sale, transfer, and possession of those wild animals which pose a possibility of:
(1) Harmful competition for wildlife;
(2) The introduction of a disease or pest harmful to wildlife;
(3) Problems of enforcing laws and regulations relative to wildlife;
(4) Threatening wildlife or other natural resources; or
(5) Endangering the physical safety of human beings.
The importation, transportation, sale, transfer, and possession of wildlife are privileges not to be granted unless it can be clearly demonstrated that such actions can be accomplished in such a manner that does not pose unnecessary risk to Georgia's wildlife and other natural resources or to the citizens of and visitors to this state. For these reasons, the General Assembly further finds and declares that only certain wild animals may be held for scientific or educational purposes, for public exhibition, or as pets and may only be lawfully held when the requirements of this chapter are met. The General Assembly further finds and declares that any wild anima; for which a license or permit, or both, is required under the provisions of this chapter and for which no such license or permit, or both, has been obtained is a nuisance and is contraband and is subject to seizure by any peace officer authorized to enforce this chapter. Code 1933, '45-1101, enacted by Ga. L. 1979, 0. 1094, '4.)
(a) The board shall have the authority to regulate the importation, transportation, sale, and possession of wild animals when and to the extent that the importation, transportation, sale, or possession poses a possibility of:
(1) Harmful competition for wildlife;
(2) The introduction of a disease or pest harmful to wildlife;
(3) Problems of enforcing laws and regulations relative to wildlife;
(4) Threatening wildlife or other natural resources; or
(5) Endangering the physical safety of human beings.
(b) The board is specifically authorized to supplement the list of wild animals set forth in this chapter for which a permit or license, or both, is required.
(c) The board shall have the authority to require that any listed wild animal that is imported, transported, possessed, sold, or transferred by any person, including wild animal dealers, be labeled with the correct species, number, age, or other relevant information.
(d) The board shall have the authority to require an applicant for a permit or license required under this chapter to supply such information and to supply in such form as the board deems necessary for the department to discharge its responsibilities under this chapter. (Ga. L. 1975, p. 1254, '2; Code 1933, '45-1107, enacted by Ga. L. 1977, p. 396, '1; Ga. L. 1979, p. 1094, '' 17, 18.)
(a) The department shall have the authority to prescribe the form and contents of the license and permit applications provided in this chapter.
(b) The department shall issue or deny all permits and licenses required by this chapter and any rules and regulations adopted pursuant to this chapter.
(c) The department may, prior to a hearing, issue a cease and desist order or other appropriate order to any person who is violating this chapter or any regulation, permit, or license issued pursuant to this chapter.
(d) The department may quarantine or otherwise dispose of or order the disposition of any wild animal when it determines that the wild animal is affected with or exposed to a contagious or infectious disease or is infested with a parasite or pest harmful to wildlife.
(e) The department shall have the authority, based upon the standards set forth in Code Section 27-5-6, to determine if the necessary facilities, conditions, and standards prescribed by this chapter are sufficient for safety to the public and for the humane handling, care, confinement, and transportation of the wild animal for which application for a permit or license, or both, has been received. The department shall be authorized to make such determinations by inspecting the facilities of the permit or license holder. Following such determination, the department also has the authority to condition the license or permit so that the standards and intent of this chapter are met.
(f) The department is authorized to capture and contain any wild animal regulated by this chapter which has escaped or been released when such wild animal is determined by the department to pose a risk to Georgia's wildlife or other natural resources or to the citizens of and visitors to this state. (Ga. L. 1975, p. 1254, '5; Code 1933, '45-1106, enacted by Ga. L. 1977, p. 396, '1; Ga. L. 1979, p. 1094, '16.)
(a) Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any person to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal permit as provided in this Code section. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the department determines appropriate in light of provisions of this chapter. An applicant for a wild animal license or permit shall the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter.
(b) Wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational purpose or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state.
(c) It shall be unlawful for any person to sell, transfer, deliver, or surrender a wild animal listed in Code Section 27-5-5 or specified by the board by regulation to any other person unless that other person holds a license or permit issued pursuant to this chapter for such wild animal or is exempt from the requirement for such a permit or license by the provisions of subsection (d) of this Code section.
(d) No wild animal license or permit shall be required for a carrier regulated either by the Interstate Commerce Commission, the Civil Aeronautics Board, or the Public Service Commission to import or transport any wild animal.
(e) Omitted
(f) Except as otherwise provided Chapter 5 of this Title, a wild animal license or permit is required for any wild animal listed in Code Section 27-5-5 or by regulation of the Board. Additionally, liability insurance is required for any wild animal that is classified as being inherently dangerous to people in Code Section 27-5-5 or by regulation of the Board. Prior to issuance of a wild animal license or permit for the inherently dangerous animals, any applicant other than a governmental agency must provide proof of liability insurance from a company licensed to do business in this state or an authorized insurer if permitted by Chapter 5 of Title 33. This insurance must be maintained in force and effect and cover claims for injury or damage to persons or property in an amount equal to $40,000 for each inherently dangerous animal up to a maximum of $500,000. The insurance company shall notify the department at least 30 days prior to the termination of the policy by the company. Liability insurance is not required for wild animals that are not considered to be inherently dangerous to people.
(g) Any license or permit issued in accordance with Chapter 5 of this Title shall be valid only for the species and numbers of wild animals referenced on the application and the license or permit, The license or permit to hold a female wild animal shall cover her progeny only while the progeny are physically dependent upon her or until her progeny are two months of age, whichever period is longer. It shall also be unlawful to transfer any license or permit issued by the department from one person to another person.
(h) It shall be unlawful for any person holding a license or permit issued pursuant to this chapter to import, transport, sell, transfer, or possess any wild animal in facilities not approved by the department as described in Code Section 27-5-6.
(i) In the event that a determination has been made to revoke, suspend, deny or refuse to renew any license or permit issued pursuant to this Chapter, the applicant for the license or permit may appeal the determination according to the provisions stated in Code Section 27-2-25.
(j) It shall be unlawful for any person holding a license or permit pursuant to this chapter to import, purchase, transport, sell or transfer any wild animal and fail to record in a record book, within 24 hours after the completion of such a transaction, the date, place, manner, and names and addresses of all persons involved in such a transaction. It shall also be unlawful to fail to maintain such records for a period of 12 months or to fail to provide the department access to such records during all regular business hours.
(k) Wild animal licenses shall not be issued unless the following conditions are met:
(A) The applicant must be at least 18 years of age;
(B) Applicants requesting a license for mammals must obtain a license from the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA/APHIS), or provide written documentation that the applicant is exempt from USDA/APHIS requirements;
(C) Applicants must submit documentation verifying that proposed construction of facilities and holding of wild animals is not prohibited by county or municipal ordinances;
(D) The applicant must obtain required business licenses;
(E) Facilities for holding and/or exhibiting wild animals must be completely separated from a residence and meet specifications for humane handling, care and confinement as provided in Code Section 27-5-6.*
(A) Wild animals that are classified as being inherently dangerous to people. Except as provided in this Code subsection, liability insurance and a license or permit are required for all inherently dangerous wild animals listed in this subsection or specified by regulation of the Board.
(A) Omitted (Kangaroos)
(B) Omitted (Primates)
(C) Order Carnivora:
(i) Family Canidea:
(I) Genus Canis (wolves, jackals, and dingos); all species; except that any person possessing hybrid crosses between wolves and domestic animals on July 1, 1994 shall have until July 1, 1995 to apply for a fee-exempt permit to possess these animals as pets; provided however that the said hybrid is sexually neutered; also provided that it shall be unlawful to transfer possession or ownership of said hybrid without prior written approval from the Department. Liability insurance shall not be mandatory for wolf hybrids possessed under this fee-exempt permit.
(II) Chrysocyon brachyurus (maned wolf);
(III) Cuon alpinus (red dog);
(IV) Lycaon pictus (african hunting dog);
(ii) Omitted (bears)
(iii) Omitted (wolverine)
(iv) Family Hyaenidea (hyenas) - All species;
(v) Omitted (large cats)
(D) Omitted (elephants)
(E) Omitted (rhinoceroses)
(F) Omitted (Artiodactyla)
27-5-5 G
*** CODE SECTION *** 08/26/98
(a) The following animals are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements provided for in subsection (f) of Code Section 27-5-4:
(1) Class Mammalia:
(B) Order Primates:
(i) Family Pongidae (gibbons, orang-utan, chimpanzees, siamangs, and gorillas) -- All species;
(ii) Family Cercopithecidae:
(I) Genus Macaca (macaques) -- All species;
(II) Genus Papio (mandrills, drills, and baboons) -- All species;
(III) Theropithecus gelada (Gelada baboon);
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(b) Except as provided in this Code section, a license or permit is required for the following wild animals and any others specified by regulation of the board:
(1) Class Mammalia:
(E) Order Primates (monkeys, apes, etc.) -- All species except Family Hominidae;
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(c) Any person who on July 1, 1994, possessed a wild animal for which a license or permit was not required prior to July 1, 1994, shall have until January 1, 1995, to apply for a fee-exempt permit, provided that the requirements of this chapter relating to insurance and humane handling, care, and confinement of wild animals are met. Such permits shall only be valid for wild animals possessed prior to July 1, 1994, and shall not authorize breeding, importation, sale, or transfer without specific authorization from the department.
(2) Omitted (Reptilia)
(3) Omitted (Osteichthyes)
(4) Omitted (Chondrichthyes)
(B) Except as provided in this Code section, a license or permit is required for all wild animals listed in this subsection or specified by regulation of the Board. Wild animals listed in this subsection do not require mandatory liability insurance.
(1) Class Mammalia:
(A) thru (J) Omitted.
(K) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) - All species, except that a European ferret (Mustela putorius furo) may be sold, purchased, exhibited or held as a pet without a license or permit; provided, however, that the ferret owner can provide valid documentation that the ferret is sexually neutered prior to seven months of age and is vaccinated against rabies with a properly administered vaccine approved for use on ferrets by the United States Department of Agriculture;
(L) thru (Q) Omitted
(2) Class Aves: - Omitted
(3) Class Amphibia - Omitted
(4) Class Osteichthyes - Omitted
(5) Class Chondrichthyes - Omitted
(6) All exotic fish.....- Omitted
It shall be unlawful for any person to release intentionally or accidentally from captivity any wild animal as defined in 27-1-2(75) or to import, transport, sell, transfer, or possess such a wild animal in such a manner so as to cause its release or escape from captivity. In the event a person imports, transports, sells, transfers, or possesses a wild animal in such a manner so as to pose a reasonable possibility that such wild animal may be released accidentally or escape from captivity, the department may revoke the license or permit, or both, of such person pursuant to the procedure set forth in Code Section 27-2-25.*
(a) Peace officers authorized to enforce this chapter may seize as contraband any wild animal for which a permit or license, or both, is required and for which no permit or license, or both, has been obtained.
(b) When any peace officer authorized to enforce this chapter has seized as contraband any wild animal, he shall deliver the same to the department. To recover such wild animal, the owner or the person in possession of the wild animal at the time of may file, in the state or superior court having jurisdiction in the county where the seizure was made, a civil action against the State of Georgia, Department of Natural Resources, within 30 days following such seizure. The person filing the action shall have the burden of proof of showing that the wild animal was not held In violation of this title, and the action shall be tried as other civil cases in such court. The wild animal for which the action has been filed shall be held pending the resolution of the action. Reasonable charges for storing shall be paid to the department by the owner and the person in possession of the wild animal at the time of seizure unless it is determined that the seizure was unlawful (Code 1933, ' 45-11-04.1, enacted by Ga. L 1979, p. 1094, ' 14; Ga. L 1985, p. 913, ' 5.)
The 1985 amendment, effective May 1,1985, in subsection (b), divided the former last sentence into the present last and nextto-last sentences by substituting a period for "; provided however," following "resolution of the action" in the next-tolast sentence and substituted "owner and the person in possession of the wild animal at the time of seizure unless it is determined that the seizure was unlawful" for "person filing the action in the event that such person does not prevail in the action" at the end of the last sentence.
(a) Authorized personnel of the department may seize any wild animal regulated by this chapter pursuant to an administrative order or an emergency administrative order issued by the department.
(b) In the event that any person is adversely affected by a seizure pursuant to an administrative order or emergency administrative order issued by the department, such person shall be entitled to appeal such order pursuant to subsection (d) of Code Section 27-1-37.
(c) Any wild animal seized under this Code section shall be held until the expiration of the time for filing any administrative appeal. Reasonable charges for storage shall be paid to the department by the owner and the person in possession of the animal at the time of seizure unless it is determined that the seizure was unlawful. (Code 1933, ' 45-1104.2, enacted by Ga. L. 1979, p. 1094, ' 14; Ga. L 1985, p. 913, ' 6,) The 1985 amendment, effective May 1, 1985, in subsection (b), substituted a "seizure pursuant to an" for "any" and substituted "appeal such order pursuant to subsection (d) of Code Section 27-1-37" for "all rights of appeal as stated in this title" and added subsection (c).
(a) The commissioner may authorize the disposal of any wild animal regulated by this chapter which has escaped and been recaptured or any wild animal which has been seized under this title. Such disposal shall be in the manner determined by the commissioner too be in the best interest of the state and shall not be in violation of this title, provided that no such disposal shall be made until there has been a final adjudication of any civil or administrative proceeding commenced by any person authorized to do so by this title.
(b) Notwithstanding any other provisions of this title, when a wild animal regulated by this chapter has escaped, the commissioner may authorized the destruction of the wild animal if he determines that the wild animal poses a threat to the safety of human beings or if he determines that there is very little likelihood that the wild animal can be recaptured. (Code 1933, ' 45-1105, enacted by Ga. L 1977, p. 396, ' 1; Ga. L 1978, p. 816, ' 69, Ga. L. 1979, p. 1094, ' 15.)
(a) As used in this Code section, the term "auction" means a public or private sale of wild animals to the highest bidder.
(b) No person shall conduct an auction of wild animals without first obtaining a wild animal auction license from the department. Such license shall only be good for a specific auction of not more than seven days in duration at a single location.
(c) All applications for a wild animal auction license shall include:
(1) A $5,000.00 wild animal auction license fee which shall be refunded if the application is denied;
(2) A cash bond or surety bond issued by a surety company authorized to do business in this state in the amount of $50,000.00 made payable to the commissioner and conditioned upon the applicant's conducting the auction in accordance with this chapter, and the terms and conditions of the applicant's wild animal auction license;
(3) A description by species and number of the wild animals to be sold at auction and plans of the facilities to be used to house such wild animals which include an explanation of which facilities are to house which animals;
(4) A certificate or policy of insurance issued to the auctioneer and the owner of the auction facilities meeting all the requirements of subsection (f) of Code Section 27-5-4 if any wild animals inherently dangerous to human beings are to be sold at auction;
(5) A description of the facilities to be provided for the obtainment of any insurance required by subsection (f) of Code Section 27-5-4 for persons who buy wild animals at the auction and an affidavit from an officer or agent of such an insurer that it is ready, willing, and able to provide such insurance;
(6) Authorization for the department to inspect the proposed facilities for the auction prior to to a determination on the application and, if the application is granted, at any time thereafter until all wild animals have been removed from the premises of the auction;
(7) Copies of all materials to be distributed to the public or participants about the auction; and;
(8) Such other information as the commissioner deems necessary for the department to discharge its responsibilities under this code section.
(d) No application for a wild animal auction license shall be considered unless it is filed and completed at least 60 days prior to the proposed auction. The department shall have at least 30 days to respond to a completed application.
(e) All other provisions of this chapter, including, without limitation, those relating to licensing, insurance, humane handling, care, confinement and transportation of wild animals, and seizure and disposal of wild animals shall be applicable to a wild animal auction and any participants therein. (Code 1981. ' 27-5-11, enacted by Ga. L.. 1985 p. 913, ' 7, ##Effective Date.- This code section ' 4-6-42 et seq. Sales became effective May l, 1985. by auction generally. Cross references.- Livestock auctions, ' 11-2-328. Regulation of business of auctioneers generally, T. 43, Ch. 6,
Georgia has enacted legislation that requires all nonhuman primate pet owners obtain permits for keeping their pets. This is a statewide regulation. $236 per year is the standard rate, regardless of the number of animals owned. The permit must be renewed annually, but because the fee is expensive, it appears many avoid paying. There are no mandatory inspections or checkups required, leading to a potential for illegally owned primates being held in possibly unhealthy or inadequate conditions. A grandfather clause was part of the legislation, allowing all pet owners prior to July, 1994, to be exempt from paying the permit fee, with permits expiring upon the deaths of the primate pets.