Rule 391-4-16-.03 - Unlawful Activities(1) It is unlawful for any person to export native fresh-water turtles without a valid commercial turtle farming permit issued by the department. (a) This does not apply to any person possessing a valid food sales establishment license issued by the Georgia Department of Agriculture, provided that such establishment is in compliance with provisions of O.C.G.A. 27-2-15.(b) Any exportation requires an export permit from the department before any items leave the state of Georgia.(2) It is unlawful for any person to possess more than ten (10) native fresh-water turtles without a valid commercial turtle farming permit issued by the department. (a) Any person holding a valid nuisance wildlife control permit issued by the department may capture, possess, or transport native fresh-water turtles, provided however that such turtles shall not be held for more than 72 hours. Provided further that such turtles may be: (ii) released alive within their native range in the drainage where captured within the boundaries of the state; or(iii) sold to a Georgia commercial turtle farm in accordance with this chapter.(b) Any person holding a valid wildlife exhibition or wildlife rehabilitation permit may possess more than ten (10) native fresh-water turtles in accordance with such wildlife exhibition or wildlife rehabilitation permit. Nothing in this Chapter shall be construed to allow such person to engage in any commercial enterprise involving native fresh-water turtles.(c) Any person holding a valid scientific collecting permit may collect or possess more than ten (10) native fresh-water turtles in accordance with such scientific collecting permit. Nothing in this Chapter shall be construed to allow such person to engage in any commercial enterprise involving native fresh-water turtles.(3) It is unlawful for any person to collect any native fresh-water turtle eggs from the wild.(4) It is unlawful for any person to sell, hold for sale, or to distribute viable native fresh-water turtle eggs or live fresh-water turtles with a carapace length less than 4 inches unless for export from the state or otherwise authorized by a permit in accordance with O.C.G.A. 27-2-12 and O.C.G.A. 27-2-13. Nothing in this Chapter shall be construed to be in conflict with any federal law or regulation, specifically, 21CFR 1240.62. It is unlawful to import live native fresh-water turtles or the eggs of such from another state unless such turtles or eggs were lawfully acquired in accordance with the laws and regulations of that state. Provided further that the following requirements shall also be met: (a) A wildlife importation permit shall be obtained from the department if such turtles, or eggs, are wildlife. Such permit shall be valid for the period indicated within the issued permit; and(b) A bill of lading identifying the source of the turtles, species, age class (hatchling, juvenile, or adult) and sex, if known, of each turtle, or similar evidence of the sale must be retained by the buyer pursuant to this Chapter; or(c) A person possessing a valid commercial turtle farming permit who acquires more than ten (10) native fresh-water turtles from direct trapping in another state shall document accurate and complete records in accordance with Chapter 391-4-16-.08 on a daily basis.(5) Nothing in this Chapter shall be construed to authorize the taking of any species which is protected under the federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any state law which has as its purpose the protection of endangered or threatened species.Ga. Comp. R. & Regs. R. 391-4-16-.03
O.C.G.A. §§ 27-1-4, 27-1-28, 27-2-31, 27-3-19.1.
Original Rule entitled "Unlawful Activities" adopted. F. Jan. 27, 2012; eff. Feb. 16, 2012.Note: Correction of typographical error on SOS Rules and Regulations website. Original Rule title in History, "Purpose", corrected to "Unlawful Activities." Effective Apr. 25, 2018.Repealed: New Rule of same title adopted. F. Apr. 5, 2018; eff. Apr. 25, 2018.