Alabama Codes

Title 9 - Conservation And Natural Resources

Chapter 1 - Marine Resources

Article 1 General Provisions.

Section 9-12-1 Persons considered residents of state; burden of proof as to residence
Except as otherwise provided in this chapter, no person shall be considered a resident of this state, within the meaning of the term used ...
Section 9-12-2 Summoning into service of posse comitatus, boats, etc.; penalty for resistance
If resistance is apprehended by the sheriff in the execution of this chapter, he may summon to his aid the posse comitatus of his ...
Section 9-12-3 Captains of licensed vessels, etc., to assist inspectors in making arrests; failure or refusal to aid inspector upon request
It shall be the duty of every captain of every licensed vessel, when called upon by an inspector so to do, to assist that ...
Section 9-12-4 Proceedings as to violations of chapter - Jurisdiction
(a) Except as provided in subsection (b), jurisdiction of an alleged violation of this chapter shall be in the district court of the county ...
Section 9-12-5 Proceedings as to violations of chapter — Hearing; imposition of fine and condemnation and sale of boat, etc., upon conviction; discharge of accused and release of boat, etc
If upon the hearing the offense is established, the judge of the district court must fine each of the offenders as is provided for ...
Section 9-12-6 Proceedings as to violations of chapter — Proceedings conducted in name of state; appeals from fines and condemnations; costs and fees where judgment affirmed
The proceedings before the district court must be carried on in the name of the State of Alabama, and the parties convicted, or either ...
Section 9-12-7 Proceedings as to violations of chapter — Bonds for stay of sale of condemned boats, etc., pending appeal
The sale of the boat or vessel is not stayed by an appeal unless the appellant enters into a bond in a penalty of ...
Section 9-12-8 Proceedings as to violations of chapter — Procedure for sale of condemned boats, etc.; disposition of proceeds
If the judgment is not stayed by the execution of bond as aforesaid, the sheriff must, after the expiration of 10 days, advertise and ...

Article 2 Seafoods.

Division 1 General Provisions.

Section 9-12-20 Ownership and control of seafoods
All seafoods existing or living in the waters of Alabama not held in private ownership legally acquired and all beds and bottoms of rivers, ...
Section 9-12-21 "Natural oyster reef" defined
A natural oyster reef is declared and defined as not less than one acre in continuous area of any bottoms of any bay, sound, ...
Section 9-12-22 Right of owners of land fronting public waters to plant and gather oysters
All the beds and bottoms of the rivers, bayous, lagoons, lakes, bays, sounds and inlets within the jurisdiction of the State of Alabama are ...
Section 9-12-23 Cancellation of leases of riparian bottoms; appeals
Should any privately leased riparian bottoms be subsequently determined to be natural oyster reefs, said lease or leases shall be canceled by the Commissioner ...
Section 9-12-24 Authority and procedure for leasing of bottoms in natural oyster reefs; cancellation and forfeiture of leases; disposition of proceeds from leases
In addition to the powers heretofore enumerated, the Commissioner of Conservation and Natural Resources shall have power to lease to any citizen of Alabama ...
Section 9-12-25 Removal of oysters by lessees upon forfeiture of lease; regulations for protection of rights of lessees
Upon forfeiture of a lease, the lessee may, in the reasonable discretion of the Commissioner of Conservation and Natural Resources, be allowed additional time ...
Section 9-12-26 Dragging of seines over public reefs or private oyster grounds
It shall be unlawful to drag any seines over the public reefs or private oyster grounds in this state. ...
Section 9-12-27 Standard measures for oysters and shrimp; possession, use for purchase or sale, etc., of nonstandard measures for oysters or shrimp; inspections
(a) A standard measure for oysters is established which shall consist of a tub or other round vessel of the following dimensions: It shall ...
Section 9-12-28 Ports of entry for use by persons, etc., landing oysters or shrimp
The Commissioner of Conservation and Natural Resources shall have power to establish ports of entry which shall include Alabama Port, Cedar Point, Mobile, Dauphin ...
Section 9-12-29 Patrol boats
The Department of Conservation and Natural Resources shall provide the necessary patrol boats and shall appoint a deputy inspector for each patrol boat who ...
Section 9-12-30 Patrolling of private oyster reefs
The Director, Marine Resources Division, Department of Conservation and Natural Resources is hereby authorized and it shall be his duty to patrol or cause ...
Section 9-12-31 Boarding of boats, etc., and entrance into places of business to investigate compliance with laws
The Department of Conservation and Natural Resources or its duly authorized agent or agents shall have authority to board any boat, barge or other ...
Section 9-12-32 Surveys and marking of private reefs; filing of plats and lists of agents and permittees; agents and permittees to carry permits
It shall be the duty of each owner or lessee of any private reef to have established an accurate survey by a registered surveyor ...
Section 9-12-33 Culling of oysters
(a) All oysters taken from the public reefs of this state shall be culled upon their natural reefs or beds as taken, and all ...
Section 9-12-34 Taking of seed oysters from public reefs; designation of seed oyster fishing areas, etc
Under its supervision and direction, the Department of Conservation and Natural Resources may permit owners or lessees of oyster bedding grounds to fish from ...
Section 9-12-35 Cultivation of public reefs; transplantation of oysters and shells
During the closed season, as defined by order of the Department of Conservation and Natural Resources, the Director of the Marine Resources Division, under ...
Section 9-12-36 Taking of oysters by use of mechanical devices at night
It shall be unlawful for any person, firm or corporation to fish, catch or take oysters from any of the oyster reefs in the ...
Section 9-12-37 Use of mechanical rake dredges, etc., by owners and lessees of private reefs
Owners of private oyster reefs, beds or bottoms and the lessees of such reefs, beds or bottoms may use any mechanical means at their ...
Section 9-12-38 Laws and regulations governing operators of private reefs utilizing seed oysters from public reefs; notice of location and disposition of seed oysters on private reefs
Such persons operating a private oyster reef, bed or bottom and in so doing utilizing seed oysters obtained from public reefs, beds or bottoms ...
Section 9-12-39 Purchase of seed oysters from public reefs by private individuals, etc
Should private individuals, companies or corporations desire to purchase seed oysters from the public reefs, beds or bottoms they may do so by paying ...
Section 9-12-40 Supervision of taking of oysters by rake dredges; notice of use of rake dredges
The taking of live oysters by means of rake dredges as provided for in Sections 9-12-37 through 9-12-41 shall be under the supervision of ...
Section 9-12-41 Harvesting of undersized oysters
Should the private individual, firm or corporation operating under the conditions set forth in Section 9-12-39 or any of the permittees of said individual, ...
Section 9-12-42 Duty to replant oysters and oyster shells on public reefs; option to pay replanting costs, etc.; penalties
Any person, firm, corporation or association taking, catching or removing oysters from any of the public reefs, beds or bottoms in the waters of ...
Section 9-12-43 Taking of oysters for replanting on private reefs
Owners of private reefs, beds or bottoms and lessees from the State of Alabama of public reefs, beds or bottoms may take and catch ...
Section 9-12-44 Tax on oysters harvested from private reefs for commercial purposes
Owners of private reefs, beds or bottoms in this state must pay a tax of $.06 per barrel on all oysters harvested from such ...
Section 9-12-45 Tax on terrapins caught, etc., for commercial purposes; minimum legal size; possession of undersized terrapins
A tax of $.05 is hereby laid on each turtle or terrapin packed, canned or caught for commercial purposes in this state or the ...
Section 9-12-46 Minimum weight of shrimp taken, etc., for commercial purposes; possession, sale, etc., of nonconforming shrimp
The Commissioner of Conservation and Natural Resources shall set by regulation the minimum weight requirement of shrimp which are caught or taken from the ...
Section 9-12-47 Condemnation, disposition, etc., of shrimp not fit for human consumption
No person shall purchase, sell, can, ship or otherwise transport any fresh saltwater shrimp which are not in prime condition, that is, suitable to ...
Section 9-12-49 Importation of shrimp into state
The Commissioner of Conservation and Natural Resources, by regulation, may permit shrimp regardless of size to be imported into this state when such shrimp ...
Section 9-12-50 Regulation of transportation of raw oysters and shrimp beyond boundaries of state
The Department of Conservation and Natural Resources shall have the authority to regulate the time, manner and means for transporting raw oysters or shrimp, ...
Section 9-12-51 Tax on shrimp taken for canning, drying or shipping within state
It shall be unlawful to catch or market saltwater shrimp for commercial purposes, that is, for canning, drying or shipping within the state, unless ...
Section 9-12-52 Tax on shrimp taken for transportation to other states
Before any shrimp which have been taken or caught in the waters of this state or the waters within the territorial jurisdiction of this ...
Section 9-12-53 Tax on shrimp not to be exported
A tax of $.12 a barrel shall be paid at the office of the Director, Marine Resources Division of the Department of Conservation and ...
Section 9-12-54 Payment of taxes
All taxes mentioned in this article shall be paid by the persons, firms or corporations, commonly known as dealers, factories or shippers, first marketing ...
Section 9-12-54.1 Live saltwater bait dealers license
Before any person, firm, or corporation engages in the taking, catching, transporting, or selling of live saltwater bait and the transporting of dead saltwater ...
Section 9-12-54.2 Expiration date and purchase of license; nonresident license fee
(a) All licenses required herein shall expire on the 30th day of September of each year and shall be renewed or purchased from October ...
Section 9-12-54.3 Duties of licensees
Each live saltwater bait licensee shall furnish the Marine Resources Division of the Department of Conservation and Natural Resources with the Alabama Marine Police ...
Section 9-12-54.4 Catching, etc., of bait; restrictions
Licensed live saltwater bait catcher boats may, except as otherwise provided by law or regulation, take or catch, or attempt to take or catch, ...
Section 9-12-54.5 Catching, etc. of shrimp by persons with recreational boat shrimping license
Persons with a recreational boat shrimping license may use a trawl having a width of 16 feet or less as measured at the cork ...
Section 9-12-54.6 Exclusive saltwater bait areas
All rivers, bayous, and creeks of the state are permanently closed to the taking of saltwater shrimp for any purpose. Wolf Bay, that area ...
Section 9-12-54.7 Penalty for violations
Violation of any of the provisions of Sections 9-12-54.1 through 9-12-54.6, inclusive, or any regulation promulgated pursuant to Sections 9-12-54.1 through 9-12-54.6, inclusive, by ...
Section 9-12-61 Taking, sale, etc., of oysters under three inches long
It shall be unlawful for any person, firm, corporation or association to sell or offer for sale, to take from any reef or have ...
Section 9-12-62 Mutilation, etc., of buoys or markers
It shall be unlawful for any person, firm, corporation or association, by himself or itself or through his or its agent, to mutilate, destroy ...
Section 9-12-63 Use of unlicensed boats, etc., to take, etc., oysters or shrimp
It shall be unlawful for any person, firm, corporation or association to take or catch or attempt to take or catch any oysters or ...
Section 9-12-64 Sale, purchase, etc., of shrimp or oysters taken by unlicensed tongers, boats, etc
It shall be unlawful for any person, firm, corporation or association to sell or offer for sale or to buy or offer to buy ...
Section 9-12-65 Sale, etc., of shrimp or oysters to persons, etc., failing to comply with provisions of article
It shall be unlawful for any person to sell, barter, exchange, give or deliver to any person, firm or corporation doing business in Alabama ...
Section 9-12-66 Collection of fees, taxes, penalties, etc., under article, etc.; prosecutions for violations of laws as to taking, canning or shipment of oysters
The district attorney of any county bordering on salt or brackish water or within whose boundary there is a body of salt or brackish ...
Section 9-12-67 Sacking and tagging oysters; penalties
(a) All oysters taken from the public or private oyster bottoms of the State of Alabama for commercial purposes shall be sacked in burlap, ...

Division 2 Licenses Generally.

Section 9-12-80 License fees for nonresidents
Those who are not bona fide residents of the State of Alabama and boats owned or operated by persons who are not bona fide ...
Section 9-12-82 License required for taking of oysters for commercial purposes; penalty; disposition of proceeds from sale of licenses
(a) Before any person engages in the taking or catching of oysters from the waters or bottoms of the State of Alabama, he shall ...
Section 9-12-83 License required for taking of oysters for commercial purposes; penalty; disposition of proceeds from sale of licenses - Disposition of proceeds from sale
All moneys accruing from the sale of such licenses shall be deposited in the State Treasury to the credit of the Seafoods Fund. ...
Section 9-12-85 Affidavits of applicants for licenses for boats or vessels
When application is made for a license for any boat or vessel which is not enrolled in the customhouse of the United States, other ...
Section 9-12-87 License for dredge
Every dredge authorized to be used in catching or removing oysters from the public reefs, beds or bottoms of this state shall be licensed ...
Section 9-12-93 License for boat used for taking or carrying shrimp
It shall be unlawful for any person to use any boat for the purpose of drawing a seine or trawl used in catching shrimp ...
Section 9-12-94 Persons taking oysters or shrimp to have licenses in possession
All persons to whom a license is issued to catch oysters or shrimp must have the same constantly in their possession while taking oysters ...
Section 9-12-95 Commercial party boat license; fee; requirements; expiration; penalty
(a) Any person, firm, or corporation who engages in the business of carrying one or more persons fishing in salt and brackish waters of ...

Division 3 Additional Regulations.

Section 9-12-110 Size of mesh of seines, nets or trawls used for taking of saltwater fish, baits, etc
It shall be unlawful to have in possession or use for the taking of saltwater fish or other seafoods seines, nets or trawls with ...
Section 9-12-111 Lengths or widths of seines, nets, and trawls
It shall be unlawful for any person, firm or corporation to have in possession on board a boat in the waters of Alabama or ...
Section 9-12-112 Garfish taken to be killed before returning to waters
All garfish taken by any person in any waters must be killed before returning to the waters of Alabama. ...
Section 9-12-113 Licenses or permits for hook and line fishing, nets, or seines
(a) Each license or permit issued by the Commissioner of Conservation and Natural Resources or his or her authorized agent shall state the name ...
Section 9-12-113.1 Selling, buying, trading, or bartering certain saltwater game fish prohibited
No person shall do, or attempt to do, any of the following: sell, trade, or barter, or buy, trade for, or barter for, any ...
Section 9-12-115 Reports of seafood dealers
Each and every person, firm, or corporation holding a seafood dealer's license issued by the Commissioner of Conservation and Natural Resources or his or ...
Section 9-12-115.1 Landing and reporting requirements for certain saltwater finfish and other seafood products
All saltwater finfish commercially harvested in the State of Alabama, except those lawfully taken by purse seine, shall be landed in this state and ...
Section 9-12-116 Refusal to open place of business or boat for inspection; agreement, conspiracy, etc., to evade provisions of article, etc
It shall be unlawful for any packer, commissionman, dealer, shipper or boatman to refuse to open his place of business or boat where fish, ...
Section 9-12-117 Possession, operation or use of illegal tackle, illegal fishing devices or unlicensed boats or vessels
Possession or operation of any illegal tackle or any illegal fishing devices or use of any boat or vessel that is not licensed as ...
Section 9-12-118 Issuance of licenses — Persons authorized; record
The judge of probate, the commissioner of licenses or such person not residing at the county seat in which the county courthouse is located ...
Section 9-12-119 Issuance of licenses - Fees of issuing authorities
Judges of probate and other persons authorized and designated to issue licenses shall charge for each license issued under the provisions of this article ...
Section 9-12-120 Disposition of proceeds from sale of licenses and fees
The proceeds from the sale of all licenses and all fees required by any of the provisions of this article shall go to the ...
Section 9-12-121 Penalty for violations of provisions of article
A violation of any of the provisions of this article shall be a misdemeanor, and the person so violating, unless otherwise provided by this ...
Section 9-12-122 Penalty for commercial shrimp trawling in waters closed to commercial shrimping by law or regulation; confiscation and forfeiture of trawls
(a) It shall be unlawful for any person, firm or corporation to take shrimp by commercial shrimp trawling in waters closed to commercial shrimping ...
Section 9-12-123 License for use of gill net
A recreational gill net license may be issued to anyone wishing to utilize a 300-foot or less gill net for noncommercial purposes for a ...
Section 9-12-123.1 Hardship gill net licenses; renewal and transfer
(a) The Department of Conservation and Natural Resources shall immediately approve the hardship licenses selected on November 17, 1995, pursuant to Executive Order No. ...
Section 9-12-124 "Crab catcher" license for use of more than five crab traps; rules and regulations
(a) Any person taking crabs for commercial purposes or using more than five crab traps for personal, noncommercial purposes must first obtain and have ...
Section 9-12-125 Licenses for selling, brokering, processing, etc., fresh or frozen seafood
Any person, firm, or corporation who engages in the selling, brokering, trading, bartering, or processing of any fresh or frozen seafood, whether on a ...
Section 9-12-126 Inspection of oyster beds; closure order; relay of oysters from closed areas; promulgation of rules; penalty; enforcement
(a) The State Board of Health is authorized to inspect the waters of the state where oysters are grown and harvested. When the State ...

Article 3 Establishment of Artificial Fishing Reefs in Offshore Waters.

Section 9-12-140 Sale or barter of salvageable parts of liberty ships provided for establishment of artificial fishing reefs — Authorized; disposition of proceeds
The Department of Conservation and Natural Resources, Division of Marine Resources, acting through the Commissioner of Conservation and Natural Resources, may undertake and provide ...
Section 9-12-141 Sale or barter of salvageable parts of liberty ships provided for establishment of artificial fishing reefs — Form and approval of transactions; informal solicitation of bids
All sale or barter transactions that may be consummated for the purposes of this article by the Commissioner of Conservation and Natural Resources shall ...
Section 9-12-142 Fishing Reef Ship Commission
There is hereby created a commission to be known as the Fishing Reef Ship Commission that shall have the power to oversee, direct and ...

Article 3A Artifcial Reef Construction Regulated.

Section 9-12-150 Artificial reef construction permit; transportation, inspection, etc., of reef materials; bond; penalties
(a) Before any person, firm, corporation, or association constructs or attempts to construct an artificial fishing reef in the coastal waters of the State ...

Article 4 Reciprocal Agreements as to Commercial Seafood Fishing.

Section 9-12-160 Authorized
The Commissioner of Conservation and Natural Resources shall have authority to enter into agreements of reciprocity with conservation commissioners or directors and other proper ...
Section 9-12-161 License fees of nonresidents
Upon the entering of such reciprocal agreement, the license fees imposed upon nonresident fishermen and upon the owners of catching boats, freight boats or ...
Section 9-12-162 Rights and privileges granted to be exercised in accordance with Alabama laws, etc
The fishing rights and privileges which may be granted by or through such reciprocal agreements shall be exercised in accordance with the laws of ...

Article 5 Gulf States Marine Fisheries Compact.

Section 9-12-180 Authorized; form
The Governor of this state is hereby authorized and directed to execute a compact on behalf of the State of Alabama with any one ...
Section 9-12-181 Representatives to Gulf States Marine Fisheries Commission
In pursuance of Article III of said compact there shall be three representatives from Alabama to the commission created therein to be selected as ...
Section 9-12-182 Powers granted commission by article supplemental
Any powers granted in this article to the commission shall be regarded as in aid of and supplemental to and in no case a ...
Section 9-12-183 Payment of expenses incident to membership in commission
All necessary expenses incident to the membership of the State of Alabama in the Gulf States Marine Fisheries Commission shall be payable out of ...
Section 9-12-184 Annual appropriation for operating expenses of commission
There is hereby appropriated annually out of the Seafood Fund of the Department of Conservation and Natural Resources the sum of $3,500.00 to the ...

Article 6 Commercial Alligator Operations.

Section 9-12-200 Definitions
For the purposes of this article, the following terms shall have the meanings described herein, unless the context otherwise requires: (1) ALLIGATOR FARM. An ...
Section 9-12-201 Who may engage in business of propagating alligators
Any person, firm, or corporation may engage in the business of propagating alligators on an alligator farm for restocking, propagation, and other commercial purposes ...
Section 9-12-202 License; fee
Whoever desires to engage in the business of raising, exhibiting, and selling alligators on alligator farms shall apply to the department for a license ...
Section 9-12-203 Expiration and renewal of license; fee
Alligator farmer licenses shall expire on the thirtieth day of September of each year. On or before the first day of October of the ...
Section 9-12-204 Marketing or taking of alligators; rules and regulations; tagging; affidavit; transportation of carcass
Alligators raised on such licensed breeding farms may be sold alive to other licensed alligator farmers only, or taken for their skins or for ...
Section 9-12-205 Property rights
Whoever under the authority of this article has in his lawful possession any such alligators or parts thereof on such posted or fenced alligator ...
Section 9-12-206 Alligator parts dealer license; retail and restaurant license; fees
(a) Each alligator parts dealer shall secure an alligator parts dealer license from the department before commencing business. The license shall be secured annually ...
Section 9-12-207 Alligator parts transaction forms; bills of sale; inspection; records
(a) Any licensed alligator farmer may sell alligator carcasses or parts, provided he completes an official alligator parts transaction form, furnished by the department, ...
Section 9-12-208 Alligator parts tag
Each alligator farmer shall tag with an official alligator parts tag, furnished by the department, all carcasses, meat, or nonedible alligator parts prior to ...
Section 9-12-209 Shipment of alligator skins; tags
All raw alligator skins shipped within this state shall be tagged so as to show the number and kinds of skins in the shipment, ...
Section 9-12-210 Severance tax on alligator skins; penalty
There is hereby levied a severance tax on each alligator skin taken from any alligator within this state, payable to the state through the ...
Section 9-12-211 Taking or possession of alligators, eggs, parts or skins prohibited except as provided; applicability of section; penalty
No person shall take or possess the eggs of alligators, alligators, or their parts or skins in any county of this state except as ...
Section 9-12-212 Disbursement of license fees and taxes
All license fees and taxes resulting from the provisions of this article shall be paid into the State Treasury to the credit of the ...
Section 9-12-213 Effect of federal endangered species status
Notwithstanding anything herein to the contrary, in the event the federal government places the alligator in an endangered species status, all licenses issued pursuant ...
Section 9-12-214 Violations; forfeiture of property and license; eligibility for new license
Any person licensed as an alligator farmer under Section 9-12-202 convicted of violating any of the provisions of this article shall have his license ...