Rule 391-4-3-.12 - Possession, Sale and Importation of Fish or Fish Eggs(1) When the Commissioner finds that a specific shipment of live fish or fish eggs found in the State or sought to be introduced into the State will or may introduce or spread disease or parasites or otherwise be harmful to endemic fish populations he may, by appropriate order, prohibit their possession or sale within the State, or prohibit their entry into the State.(2) If the Commissioner finds that any live fish or fish eggs from a specific fish hatchery or geographic area, either within or outside of the State, will or may introduce or spread disease or parasites or otherwise be harmful to endemic fish populations, he may, by appropriate order, prohibit their possession and any further sales thereof within the State or prohibit any future shipments thereof into the State.(3) Live fish or fish eggs subjected to regulation under either subsection (1) or (2) above shall remain subject to the order issued thereunder unless and until a fisheries expert, recognized by and acceptable to the Commissioner, has certified the live fish or fish eggs from said shipment or said fish hatchery or geographical area to be free from any such harmful characteristics.(4) Any live fish or fish eggs possessed or sold within the State or introduced into the State in violation of any order issued under either subsection (1) or (2) above shall, in the absence of the certificate provided in the subsection (3) above, be presumed to possess the same harmful characteristics upon which the order was based and shall be subject to immediate, summary seizure and destruction by conservation rangers or other duly authorized agents or officials of the Department.Ga. Comp. R. & Regs. R. 391-4-3-.12
Ga. Code Titles 27, 45.
Original Rule entitled "Shad Fishing" adopted. F. Apr. 11, 1974; eff. May 1, 1974.Repealed: New Rule of the same title adopted. F. Apr. 15, 1975; eff. May 5, 1975.Amended: Rule repealed. F. Mar. 2, 1976; eff. Mar. 22, 1976.Amended: Rule entitled "Closing of Waters of the State to Commercial Fishing Due to the Level of a Toxic or Hazardous Material" adopted. F. Feb. 28, 1977; eff. Mar. 20, 1977. (At the request of the Agency, this Rule was not printed because the adoption of a new Chapter 391-4-3 was contemplated in late March.)Amended: Rule repealed. F. Apr. 6, 1977; eff. Apr. 26, 1977.Amended: Rule entitled "Possession, Sale and Importation of Fish or Fish Eggs" adopted. F. Jan. 28, 1980; eff. Feb. 17, 1980.