O.C.G.A.

O.C.G.A. § 27-4-75 (2019)

(For effective date, see note.) Sale of fish by commercial fish hatcheries; sale of game fish; bill of sale or lading for possession of certain game fish and domestic fish; sale of diseased fish

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as follows:

(1) Fish may be sold as provided in Code Section 27-4-74 or 27-4-76; and

(2) Domestic fish as defined in paragraph (23) of Code Section 27-1-2 and that are produced by an aquaculturist registered under Code Section 27-4-255.

(b) Except as provided in Code Section 27-4-74 and except for persons licensed as wholesale or retail fish dealers as provided in Code Section 27-4-76, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell any species of game fish. It shall also be unlawful for any person to have in his or her possession any such game fish obtained from a commercial fish hatchery, wholesale fish dealer, or retail fish dealer or domestic fish from an aquaculturist registered under Code Section 27-4-255 without a bona fide bill of sale or lading which provides the date of transaction, identifies the seller, and details at least two of the following three criteria for each species of fish contained therein: number, weight, or average length.

(c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations.

History

(Ga. L. 1973, p. 897, § 3; Code 1933, § 45-809, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1989, p. 1207, § 2; Ga. L. 1989, p. 1579, § 3; Ga. L. 1992, p. 1507, § 5; Ga. L. 1994, p. 600, § 5; Ga. L. 2004, p. 948, § 2-4.)

Annotations

JUDICIAL DECISIONS Cited in Blue Ridge Mt. Fisheries, Inc. v. Department of Natural Resources, 217 Ga. App. 89, 456 S.E.2d 651 (1995). RESEARCH REFERENCES Am. Jur. 2d. - 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 56 et

seq. C.J.S. - 36A C.J.S., Fish, § 35.

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Blue Ridge Mountain Fisheries, Inc. v. Dep't of Nat. Resources, 456 S.E.2d 651 (Ga. Ct. App. 1995).

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Blue Ridge Mountain Fisheries, Inc. v. Dep't of Nat. Resources, 456 S.E.2d 651 (Ga. Ct. App. 1995). · cites it 8× “With respect to the arrest, the court found that Cochran was arrested under warrants charging him with violation of OCGA § 27-4-75 *94 as well as OCGA § 27-5-5 (b) (6), and that his arrest under OCGA § 27-4-75 was not unlawful.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.