Georgia § 27-4-76 - Licensing of wholesale and retail fish dealers; sale, transportation into state, or possession of live fish and fish eggs.

§ 27-4-76. Licensing of wholesale and retail fish dealers; sale, transportation into state, or possession of live fish and fish eggs.

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. 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. 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. The game wardens 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; Ga. L. 2019, p. 808, § 7/SB 72.) The 2019 amendment, effective July 1, 2019, substituted "game wardens" for "conservation rangers" near the beginning of subsection (d). Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "aquaculturist" was substituted for "acquaculturalist" in subsection (a). 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 L. 2019, p. 919, § 1-1, repealed the provisions of the Georgia Pacific White Shrimp Development Aquaculture Act, effective July 1, 2019.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, § 2-5, which was never funded and therefore remained dormant, is now moot.