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2018 Georgia Code 27-4-74 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 27-4-74 Case Law from Google Scholar Amendments to OCGA 27-4-74

TITLE 27 GAME AND FISH

Section 4. Fish, 27-4-1 through 27-4-283.

ARTICLE 3 COMMERCIAL FISHING AND FISH DEALING GENERALLY

27-4-74. Sale, purchase, or transportation of game fish generally.

  1. Except as otherwise provided in this Code section and in Code Section 27-4-75, it shall be unlawful for any person to sell or purchase any game fish.
  2. Game fish shipped into this state and accompanied by a bona fide bill of sale or lading giving the date of the transaction, the details of the source of the fish, and the species, number, and pounds thereof may be lawfully transported, sold, and resold, provided each person in possession thereof has the bill of sale or lading and has otherwise complied with this Code section and any regulations promulgated pursuant to this Code section.
  3. It shall be lawful for any person to sell or purchase game fish from a pond when the owner of the pond has obtained a valid permit from the department and the permit is displayed in a prominent place at the pond and the person shall have complied with all the requirements of this Code section and any regulations promulgated pursuant to this Code section. The permit may be issued to the owner only once annually and shall limit the time for taking fish from the pond to 15 days unless an extension is granted by the department. However, no person shall sell, purchase, or possess any game fish taken from such a pond unless the fish are packaged and labeled with the pond permit number and the number and pounds of each species of fish contained therein. The fish shall remain so packaged until processed for consumption or released into another body of water.
  4. Notwithstanding any of the provisions of this title to the contrary, American shad, hickory shad, flathead catfish, and channel catfish harvested from Georgia waters other than private ponds in the course of commercial fishing as that term is defined in Code Section 27-1-2 shall not be subject to the prohibitions set forth in this Code section.

(Ga. L. 1955, p. 483, § 85; Ga. L. 1957, p. 340, § 1; Ga. L. 1958, p. 221, § 1; Ga. L. 1973, p. 897, § 2; Code 1933, § 45-808, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 56; Ga. L. 1992, p. 1507, § 4; Ga. L. 1994, p. 600, § 4.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1994, "fish, and" was substituted for "fish and" in subsection (b).

JUDICIAL DECISIONS

There is no exception made for sale of crappie cultivated in private ponds. Maddox v. State, 252 Ga. 198, 312 S.E.2d 325, cert. denied, 469 U.S. 820, 105 S. Ct. 93, 83 L. Ed. 2d 39 (1984).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, §§ 49 et seq., 56 et seq.

C.J.S.

- 36A C.J.S., Fish, §§ 28, 31 et seq.

Cases Citing O.C.G.A. § 27-4-74

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Maddox v. State, 312 S.E.2d 325 (Ga. 1984).

Cited 3 times | Published | Supreme Court of Georgia | Feb 17, 1984 | 252 Ga. 198

...SMITH, Justice. In April 1982, appellant Thomas E. Maddox sold ten pounds of fresh water crappie to an officer of the Georgia Game and Fish Commission. As a result of this sale Maddox was charged with the offense of selling game fish, a misdemeanor. OCGA § 27-4-74 (Code Ann....
...Now he brings this appeal, contending that the statute under which he was prosecuted is unconstitutional in that he is deprived of his property without due process of law. We affirm. 1. In his first enumeration Maddox contends that the court erred in finding that he had violated OCGA § 27-4-74 (Code Ann....
...t title, are declared to be in the state in its sovereign capacity. "Wildlife" is defined in OCGA § 27-1-2 (Code Ann. § 45-102) to include fish. OCGA § 27-1-2 (36)(C) (Code Ann. § 45-102) specifically defines "game fish" to include crappie. OCGA § 27-4-74 (Code Ann....
...it deprives him of his property without due process of law, and citing the 14th Amendment to the Constitution of the United States (Code Ann. § 1-815 et seq.) and Art. 1, Sec. 1, Par. 1 of the Georgia Constitution of 1983 (Code Ann. § 2-101). OCGA § 27-4-74 (Code Ann....
...nd as such is a proper exercise of the police power. To rule otherwise would create unmanageable problems of enforcement for officials charged with direct responsibility for wildlife conservation. Therefore, we find that the challenged statute, OCGA § 27-4-74 (Code Ann....