Trapping Beaver on National Forest

[GAEngineer]

**EDIT** See my second post in this thread. GA Code explicitly states it is lawful to trap beaver year round.

**EDIT 2** For clarification, there are still restrictions on WMAs and there may be restrictions on some National Forests. My inquiry and investigation was limited to the NF that I frequent. Do your due diligence and check for special regulations on your area of interest.

The published regulations on the topic of trapping beaver and coyote on public land seem pretty straight forward - but remembering the unsatisfactory "conclusions" of the threads linked below I decided to contact the local DNR Game Management Office. Prior to calling I gathered my thoughts based on my reading of the available documents - laid out below for your review.

My starting position on laws and regulations is that if it is not addressed or explicitly forbidden then it is allowed - but we don't have to have that conversation as it is stated in the very first line of the trapping regulations that “There is no closed season for trapping of beaver or coyote in this state.”

The first lady I spoke to at DNR was adamant that I could not trap on public land unless there was a hunting season open - I walked her through my thought process and the documents referenced below and she ended up handed me off to another gentlemen in the office. He was also at first adamant that no animal may be taken from public land unless there was an open hunting season - again through my thought process with him. He did not disagree that trapping is not hunting and the trapping regulations say there is no closed season for trapping beaver - however he stated he was certain no animal can be taken from public land outside of an open hunting season. We ended the call there - he is going to do some research and find the regulation he is recalling and give me a call back. I'll post an update when I get his response.

Here's where I am at until provided conclusive evidence otherwise: If there is no closed season for trapping beaver/coyote in the state than the inverse is true - the season for trapping beaver/coyote in the state is open all year.

I suppose it is worth discussing that the special regulations on nearly all the federal lands state that it is prohibited to "Place, leave, or deposit any food, bait or garbage in a manner likely to attract or concentrate any wildlife, whether for the purposes of hunting or viewing animals." If this is meant to encompass trapping then it is prohibited to use any bait or lure for any trapping on federal land regardless of the season or target species. If this is not meant to include trapping then there are no trapping restrictions on federal land beyond the DNR regulations.

• Starting with the current published hunting regulations the first mention of trapping is on page 33:
  • 
  • I’ll circle back to GoHuntGeorgia.com in a bit, for now let’s stick with this document.
• Page 35:
  • 
  • Page 35 gives us the statewide dates and limits for trapping the listed species. It also mentions that some lands may differ from the information in the table and to check pages 46-70
• Page 43:
  • 
    
  • Like what is stated on page 35 this section carves out exceptions for WMAs. Since I am not inquiring about WMAs I soldiered on.
• Page 68 & 69:
  • 
  • 
  • I am specifically inquiring about the Chattahoochee-Oconee National Forest. There is no mention of trapping whatsoever in this section.
• Just to be sure I checked the Forest Service web page for this forest.
  • 
  • Management of the animals is deferred to the Georgia Department of Natural Resources Wildlife Resources Division. The link on this page takes us to the site where one would download the regulations I’ve already gone through above.
• On to the trapping regulations referenced on page 33 of the published hunting regulations
  • 
  • “There is no closed season for trapping of beaver or coyote in this state.”

References:

• GON Threads:
  • Trapping on nf land
  • Coyote trapping USFS land.
• Documents/Web pages
  • Georgia Hunting Seasons & Regulations: July 2020 - June 2021
  • GA Trapping Regulations
  • Hunting on the Chattahoochee-Oconee NF

 

[GAEngineer]

• GA - Official Code of Georgia Annotated
• TITLE 27. GAME AND FISH
• CHAPTER 3. WILDLIFE GENERALLY
• ARTICLE 2. TRAPPING, TRAPPERS, AND FUR DEALERS

§ 27-3-62. Open seasons
(a) Except as otherwise specifically provided in this Code section, it shall be unlawful to trap any wildlife in this state between March 1 and November 19.
(b) It shall be unlawful to trap any wildlife during the period between November 20 and February 29, except as otherwise provided in this Code section and except that it shall not be unlawful to trap a fur-bearing animal during that period or a portion thereof if that period or portion thereof is designated by the board as an open trapping season for such fur-bearing animal.
(c) In accordance with subsection (b) of this Code section and as may be appropriate in accordance with sound wildlife management principles, the board is authorized to promulgate rules and regulations establishing open seasons for the trapping of fur-bearing animals on a state-wide, regional, or local basis.
(d) Notwithstanding subsection (a) or (b) of this Code section, it shall be lawful to trap beaver, rats, and mice at any time during the year. It shall also be lawful for any person to set steel traps within 200 yards of the residence or dwelling of any such person for the protection of livestock, ratites, poultry, or other fowl or domestic animals from any predatory bird or animal.
(e) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

 

[GLS]

This is a good place as any to show these clips on how to remove a dog from a Conibear trap which is a common trap used for beaver. I believe its use is legal only in or near water and not a dry land bucket set in Georgia.
Perhaps the OP can clarify. I practiced on a buddy’s 440 and there is no way to open it with bare hands (mine anyway) and trap scissors are commonly used to open and set.

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[GAEngineer]

a Conibear trap which is a common trap used for beaver. I believe its use is legal only in or near water and not a dry land bucket set in Georgia.
Perhaps the OP can clarify.

Really, really off topic - nevertheless I will indulge your request. Only because I am neck deep in the code at the moment...

• GA - Official Code of Georgia Annotated
• TITLE 27. GAME AND FISH
• CHAPTER 3. WILDLIFE GENERALLY
• ARTICLE 2. TRAPPING, TRAPPERS, AND FUR DEALERS

§ 27-3-63.
(a) It shall be unlawful for any person to:
(1) Trap any wildlife upon the right of way of any public road or highway of this state; provided, however, that this paragraph shall not apply to any person licensed as required by Code Section 27-3-60 who traps beaver upon the right of way of any state highway, county road, or municipal street as an authorized agent, employee, or contractor of the state, county, or municipality for the purpose of preventing, reducing, or stopping damage to such highway, road, or street resulting from beaver activity;
(2) Set, place, or bait any trap for the purpose of taking any wildlife upon the land or in the waters adjoining the land of any other person, except during the open trapping season for such wildlife, and then only after obtaining the written consent of the owner of the land, which written consent shall be carried upon the trapper's person while engaged in trapping;
(3) Trap any wildlife without inspecting the traps used for such purpose at least once during each 24 hour period and removing from the traps any wildlife caught therein;
(4) Trap any wildlife by the use of any trap or other device which is not legibly etched, stamped, or tagged by affixing a stamped metal tag showing the owner's permanent trapper's identification number as provided by the department or the owner's name. In the event that a trap or other device etched or stamped with the owner's permanent trapper's identification number or name is being used in the field by another, such trap or device must have attached to it a stamped metal tag with the user's permanent trapper's identification number or name. Any trap or other device found in use in the field which is not etched, stamped, or tagged as required by this paragraph may be confiscated and destroyed by the department through its officers and game wardens;
(5) Ship or otherwise remove or cause to be removed from this state any raw or undressed hide, fur, pelt, or skin of any fur-bearing animal without first making a report to the department of the removal on forms to be furnished by the department for such purpose;
(6) Fail to carry a weapon of .22 caliber rimfire while tending traps and to fail to use such weapon to dispatch any fur-bearing animal found in a trap, which animal is to be taken by the person;
(7) Fail to carry a choke stick or similar device while tending traps, which device shall be used for releasing domestic animals;
(8) Set on land any trap with a jaw opening larger than 5 3/4 inches, provided that nothing in this Code section shall be construed to restrict the type of trap which may be used in water;
(9) Sell the fur, hide, or pelt of any domestic dog or cat caught by a trap;
(10) Sell the raw, undressed fur, hide, skin, or pelt of any fur-bearing animal unless the person has a current valid commercial trapping license or fur dealer license; or
(11) Set any body-gripping trap (as opposed to a leg-hold trap) of a size in excess of 9 1/2 inches square except in water or on land within ten feet of water, including swamps, marshes, and tidal areas.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and shall be punished as for a misdemeanor, subject to a minimum punishment as follows:
(1) For the first offense, the offender shall be fined not less than $100.00, except that this minimum fine shall not apply to the offender if he is 17 years of age or younger;
(2) For a second offense within a two-year period after the first offense, the offender shall be fined not less than $300.00; or
(3) For a third offense and for each subsequent offense within a two-year period after the first offense, the offender shall be fined not less than $750.00.

 

[redneck_billcollector]

I would point out that there are a number of Federal Codes that apply to hunting, fishing and trapping on federal land that trump State Law. There are different codes sections for Corp. of Engineer lands, Bureau of Land Management Lands and Forestry Service Lands....and Federal Military Lands. In all cases of conflict, the Federal Law is the law that is followed. There are actually over 70k documents for down load on federal laws and regulations regulating the taking of animals on various federal lands and water. I obviously did not go through them all. Here is the link where you can find them buried deep within I imagine. As an attorney I always hate using this site, they probably have codes and regulations on how you have to go to the bathroom. I would point out you can soon expect a good bit more regulations. One little tid bit that could impact trapping on federal land is you can not discharge a firearm within 50 yards of a FS road, those are the little dirt trails a jeep can barely fit on at times. https://www.govinfo.gov/app/search/{"query":"trapping","offset":0,"pageSize":"10"}

 

[Philbow]

And less we forget under Pres. Biden you will need to wear a mask while on Fed. property. Don't want anyone to arrested for that.

 

[Throwback]

1) game management doesn’t enforce the laws—law enforcement does

2) the women that answer the phone in any of those offices know about as much about the laws as the person calling and asking the question

3) if you’re asking about trapping on federal land you need to call the federal office that manages that property—not the state. They may or may not allow trapping on their lands and their regulations and laws may differ from the states.

4) if you’re looking at Georgia laws go through the link provided at the Georgia legislature’s website. That is the updated laws. If you Google them often times you’ll get old laws I think this is because of a lawsuit based on who could publish “official” Georgia law

 

[Throwback]

As far as trapping on state managed WMA’s 27-3-1.1 (12) applies

This generally applies to federal lands that are managed by the state as WMA’s. Though there may be some that as part of their agreement don’t allow trapping at all by the public.


From my last conversations about trapping on state WMA’s they don’t give out blanket trapping permits on all WMA’s. They only give permits to trap animals that are causing noticeable damage —-example —beavers plugging a spillway on a managed pond.

So you can’t just “go trapping” on a WMA and you have to have a permit issued by the department. And it is WMA and species specific

 

[C.Killmaster]

When you call the USFS ask to speak to one of their law enforcement officers. If they say it's prohibited, I would also ask for the law and regulation code numbers. I've always been under the impression that trapping is legal on forest service land outside WMAs, but I don't know that for a fact.

 

[GAEngineer]

When you call the USFS ask to speak to one of their law enforcement officers. If they say it's prohibited, I would also ask for the law and regulation code numbers. I've always been under the impression that trapping is legal on forest service land outside WMAs, but I don't know that for a fact.

I called the local USFS office and they put me in contact with one of the local biologist. The gentleman I spoke to said that he believed my interpretation to be correct and that he would contact one of their LEOs to see if they saw it the same way. He said he would call me back if the LEO disagreed → it's been more than two weeks and no call back so I am proceeding with my interpretation. As a precaution I am putting a print out of the state codes and my copy of the published DNR regs in my kit just in case.

One interesting note is that the biologist was not happy about anyone trapping beavers - his position is that they are incredibly beneficial to the environment. He said that there are a number of habitats in the area they are actively working on and monitoring and if he saw an adverse effect due to the removal of beavers that he would petition for the regulations to be revised.

 

[C.Killmaster]

I called the local USFS office and they put me in contact with one of the local biologist. The gentleman I spoke to said that he believed my interpretation to be correct and that he would contact one of their LEOs to see if they saw it the same way. He said he would call me back if the LEO disagreed → it's been more than two weeks and no call back so I am proceeding with my interpretation. As a precaution I am putting a print out of the state codes and my copy of the published DNR regs in my kit just in case.

One interesting note is that the biologist was not happy about anyone trapping beavers - his position is that they are incredibly beneficial to the environment. He said that there are a number of habitats in the area they are actively working on and monitoring and if he saw an adverse effect due to the removal of beavers that he would petition for the regulations to be revised.

If I were you I would talk to USFS LEO and get an email stating that you are legal. The biologist is correct about beavers creating habitat though. If you want to be a good steward of the land I would focus on beavers that are clogging up culverts and such.

 

[shotgunpapa]

Really, really off topic - nevertheless I will indulge your request. Only because I am neck deep in the code at the moment...

• GA - Official Code of Georgia Annotated
• TITLE 27. GAME AND FISH
• CHAPTER 3. WILDLIFE GENERALLY
• ARTICLE 2. TRAPPING, TRAPPERS, AND FUR DEALERS

§ 27-3-63.
(a) It shall be unlawful for any person to:
(1) Trap any wildlife upon the right of way of any public road or highway of this state; provided, however, that this paragraph shall not apply to any person licensed as required by Code Section 27-3-60 who traps beaver upon the right of way of any state highway, county road, or municipal street as an authorized agent, employee, or contractor of the state, county, or municipality for the purpose of preventing, reducing, or stopping damage to such highway, road, or street resulting from beaver activity;
(2) Set, place, or bait any trap for the purpose of taking any wildlife upon the land or in the waters adjoining the land of any other person, except during the open trapping season for such wildlife, and then only after obtaining the written consent of the owner of the land, which written consent shall be carried upon the trapper's person while engaged in trapping;
(3) Trap any wildlife without inspecting the traps used for such purpose at least once during each 24 hour period and removing from the traps any wildlife caught therein;
(4) Trap any wildlife by the use of any trap or other device which is not legibly etched, stamped, or tagged by affixing a stamped metal tag showing the owner's permanent trapper's identification number as provided by the department or the owner's name. In the event that a trap or other device etched or stamped with the owner's permanent trapper's identification number or name is being used in the field by another, such trap or device must have attached to it a stamped metal tag with the user's permanent trapper's identification number or name. Any trap or other device found in use in the field which is not etched, stamped, or tagged as required by this paragraph may be confiscated and destroyed by the department through its officers and game wardens;
(5) Ship or otherwise remove or cause to be removed from this state any raw or undressed hide, fur, pelt, or skin of any fur-bearing animal without first making a report to the department of the removal on forms to be furnished by the department for such purpose;
(6) Fail to carry a weapon of .22 caliber rimfire while tending traps and to fail to use such weapon to dispatch any fur-bearing animal found in a trap, which animal is to be taken by the person;
(7) Fail to carry a choke stick or similar device while tending traps, which device shall be used for releasing domestic animals;
(8) Set on land any trap with a jaw opening larger than 5 3/4 inches, provided that nothing in this Code section shall be construed to restrict the type of trap which may be used in water;
(9) Sell the fur, hide, or pelt of any domestic dog or cat caught by a trap;
(10) Sell the raw, undressed fur, hide, skin, or pelt of any fur-bearing animal unless the person has a current valid commercial trapping license or fur dealer license; or
(11) Set any body-gripping trap (as opposed to a leg-hold trap) of a size in excess of 9 1/2 inches square except in water or on land within ten feet of water, including swamps, marshes, and tidal areas.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and shall be punished as for a misdemeanor, subject to a minimum punishment as follows:
(1) For the first offense, the offender shall be fined not less than $100.00, except that this minimum fine shall not apply to the offender if he is 17 years of age or younger;
(2) For a second offense within a two-year period after the first offense, the offender shall be fined not less than $300.00; or
(3) For a third offense and for each subsequent offense within a two-year period after the first offense, the offender shall be fined not less than $750.00.

So the way that reads you can set a 220 anywhere on land because it is no bigger than 9 1/2 inches square. I got a ticket for setting one and beat it here in Gordon county.

 

[Throwback]

So the way that reads you can set a 220 anywhere on land because it is no bigger than 9 1/2 inches square. I got a ticket for setting one and beat it here in Gordon county.

Good for you ?

 

[gawildlife]

Welcome to the murky haze of Georgia trapping regulation.

 

[Throwback]

Welcome to the murky haze of Georgia trapping regulation.

It’s partially that. It’s also a training issue IMO

 

[gawildlife]

It’s partially that. It’s also a training issue IMO

Totally agree on the training. But unfortunately I doubt the DNR has an on staff attorney and judge to untangle the mess of conflicting laws and regulations to know exactly what to train.
I guess that's why I've heard more than one LEO say "let the judge figure it all out".
Guess who gets to pay for that legal opinion.

 

[Throwback]

Totally agree on the training. But unfortunately I doubt the DNR has an on staff attorney and judge to untangle the mess of conflicting laws and regulations to know exactly what to train.
I guess that's why I've heard more than one LEO say "let the judge figure it all out".
Guess who gets to pay for that legal opinion.

Actually they do have a legal team that can help pass judgement. I stirred it up a few times. Wish I could find the one about an 16 year old and under needing a trapping license. That’s a great example of what you’re talking about. The law says two different things in two different places.

 

[gawildlife]

Didn't know they had attorneys on staff. But it makes sense this day and age.
Part of the problem is how Georgia, and almost every other jurisdiction, enacts laws and regulations then pile on how the federal does the same. I won't even get into the nonsense of local "home rule" codes and ordinances county by county or city by city.

We've ended up with layer upon layer of contradiction on even more layers of contradiction.

And they say ignorance of the law is not a defense.

 

[antharper]

Why would anyone want to trap beaver on public land that aren’t causing issues anyway ?

 

[buckpasser]

Why would anyone want to trap beaver on public land that aren’t causing issues anyway ?

I don’t think I would, but a few reasons could be edible meat, coyote bait meat, and castor collection.