Georgia DNR Harassment?

[gglockhart]

I dive rivers in the state of Georgia. I keep having run-ins with the Georgia Department of Natural Resources (Game Wardens). Has any one out their ever had to hire an attorney or know of an attorney that has experience with diving issues with the GA DNR? I thought in the USA you were innocent until proven guilty but with the Game Wardens I have dealt with they all treat me as guilty of something. I need to learn what rights I have if any when dealing with them. I like removing any lead I find underwater, old soda bottles, jewelry, and coins. I recently had my recovery bags confiscated that contained some small pieces of scrap metal, fishing weights that were too new to have turned white, and some gambling tokens. One confiscated bag was empty and I was falsely accused of emptying it in the water. What I did have was not removed from the water until after I was instructed to remove it. The area I was in was not marked as a historical or archaeological site. Any input would be appreciated.

 

[Scared Silly]

Can not help you much but I would suggest you make an appointment with the office that did the confiscation and have a chat. Why did they confiscate the bags and what is process to get them back? Start with that and then move up the food chain.

 

[james croft]

There are a lot of regs concerning collecting artifacts in many states. I am not an authority on Georgia's law and regs but they do have laws concerning collection of underwater artifacts and a permit system to collect certain items. Often the item must be fifty years old if it is shipwreck tackle, etc. I am surprised they would be upset over collecting lead sinkers. Research the state code. The regs do have teeth, for example here is one section.:

§ 12-3-83. Prohibited acts constituting misdemeanor Any person who violates this part by failing to obtain a required permit or who intentionally defaces, injures, destroys, displaces, or removes any underwater cultural resource or portion thereof in any manner not in accordance with a permit issued by the department shall be guilty of a misdemeanor. HISTORY: Code 1981, § 12-3-83, enacted by Ga. L. 1985, p. 906, § 4.

I am not sure if what you have done or the items you recovered fell into the parameters of what they would enforce but if they did it would seem that they gave you a break not charging you instead of harrasing you. If you did not do anything that violated the state regs I would follow it up and ask for my equipment and artifacts back. Be careful because sometimes the more you stir crap, the more it stinks. If you unknowingly broke or bent the regulations they may just decide the break you got was not appreciated and they may return with a summons or warrant.

 

[iamsharky]

Has any one out their ever had to hire an attorney or know of an attorney that has experience with diving issues with the GA DNR?


I have had success recently on a case with dnr involving fishing violations. it was a 2 day jury trial resulting in an acquital. Best advice, remain silent. If you were in south georgia, i could help you, but lagrange would be a little far. good luck.

Another thing, always be nice to law enforcement, that goes a long way.