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. Law
  2. Georgia Code
  3. Game and Fish
  4. Fish
  5. Commercial Fishing and Fish Dealing Generally
  6. General Provisions
  7. 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

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  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.)

Editor's notes.

- Ga. L. 2019, p. 919, § 1-1, repealed the provisions of the Georgia Pacific White Shrimp Development Aquaculture Act, effective July 1, 2019. As a result, the amendment by Ga. L. 2004, p. 948, § 2-4, which was never funded and therefore remained dormant, is now moot.

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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