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2018 Georgia Code 27-4-75 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 27-4-75 Case Law from Google Scholar Amendments to OCGA 27-4-75

TITLE 27 GAME AND FISH

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

ARTICLE 3 COMMERCIAL FISHING AND FISH DEALING GENERALLY

27-4-75. (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.

  1. 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.
  2. 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.
  3. 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.

(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.)

Delayed effective date.

- Ga. L. 2004, p. 948, § 3-1(c), provides that the 2004 amendment becomes effective only upon the effective date of a specific appropriation of funds for purposes of that Act as expressed in a line item of an appropriations Act enacted by the General Assembly. Funds were not appropriated at the 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, or 2018 sessions of the General Assembly. After the appropriation is made subsections (a) and (b) will read as follows: "(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 aquaculturalist 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 aquaculturalist 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."

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.

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