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2018 Georgia Code 27-4-76 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 27-4-76 Case Law from Google Scholar Amendments to OCGA 27-4-76

TITLE 27 GAME AND FISH

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

ARTICLE 3 COMMERCIAL FISHING AND FISH DEALING GENERALLY

27-4-76. (For effective date, see note.) Licensing of wholesale and retail fish dealers; sale, transportation into state, or possession of live fish and fish eggs.

  1. It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Properly licensed wholesale fish dealers or retail fish dealers may sell game fish obtained from a licensed fish hatchery or domestic fish obtained from a registered aquaculturist or as otherwise provided in Code Section 27-4-74. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain a license as a wholesale fish dealer or a retail fish dealer.
  2. Notwithstanding subsection (a) of this Code section, nonresident persons may sell and transport fish and fish eggs into the state without being required to procure a wholesale fish dealer license where the sale and shipment are made to a wholesale fish dealer duly licensed under Code Section 27-2-23.
  3. The board may by regulation prohibit or limit the importation, possession, or sale in this state of live fish or fish eggs where the same are found to be harmful to endemic fish populations or where the importation, possession, or sale might introduce or spread disease or parasites.
  4. The conservation rangers or other agents or officials of the department shall confiscate any fish imported, purchased, or acquired by any person in violation of this Code section or any regulation promulgated by the board pursuant to this Code section.

(Ga. L. 1937-38, Ex. Sess., p. 332, § 5; Ga. L. 1945, p. 315, § 1; Ga. L. 1956, p. 231, § 1; Code 1933, § 45-810, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, §§ 58, 59; Ga. L. 1979, p. 420, § 12; Ga. L. 1979, p. 893, § 4; Ga. L. 1986, p. 1460, § 2; Ga. L. 1989, p. 1207, § 3; Ga. L. 1989, p. 1579, § 4; Ga. L. 1992, p. 1507, § 6; Ga. L. 2004, p. 948, § 2-5.)

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 subsection (a) will read as follows: "(a) It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Properly licensed wholesale fish dealers or retail fish dealers may sell game fish obtained from a licensed fish hatchery or domestic fish obtained from an aquaculturalist registered under Code Section 27-4-255 or as otherwise provided in Code Section 27-4-74. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain a license as a wholesale fish dealer or a retail fish dealer."

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "aquaculturist" was substituted for "acquaculturalist" in subsection (a).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, §§ 49 et seq., 59 et seq.

C.J.S.

- 36A C.J.S., Fish, §§ 28, 35, 39, 46, 47.

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