reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-50 - Regulation of Transportation of Raw Oysters and Shrimp Beyond Boundaries of State.

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, except headless or canned shrimp and canned, processed oysters, beyond the boundaries of the State of Alabama and to require all persons, firms, corporations or associations to come to a designated port of entry and then and there pay all taxes on such oysters or shrimp as have been caught within the waters of the State of Alabama and then and there to pay all taxes on such oysters or shrimp before the same are moved or transported or attempted to be moved beyond the boundaries of the state.
(Acts 1936-37, Ex. Sess., p. 169, p. 192, § 29; Code 1940, T. 8, § 148.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-51 - Tax on Shrimp Taken for Canning, Drying or Shipping Within State.

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 a tax of $.12 per barrel is paid by the person, firm or corporation catching the same for the purpose of canning, drying or shipping or purchasing the same from independent shrimp fishermen for the purpose of canning, drying or shipping, and said tax shall be paid at the Division of Marine Resources headquarters not later than the fifth day of each month. Any person, firm or corporation who is delinquent in paying such tax as provided in this section will be assessed a penalty in the amount of 10 percent of the total tax due and shall also be assessed, as interest, an amount equal to six percent per annum of the sum of the delinquent tax. The said tax each month must be accompanied by a form supplied by the Division of Marine Resources, stating thereon the number of barrels of shrimp handled by said person, firm or corporation during the preceding month, and said tax shall be considered delinquent unless accompanied by said form.
(Acts 1931, No. 361, p. 424, § 8; Acts 1936-37, Ex. Sess., No. 169, p. 192; Acts 1939, No. 564, p. 889, § 1; Code 1940, T. 8, §157; Acts 1953, No. 714, p. 968, § 1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-52 - Tax on Shrimp Taken for Transportation to Other States.

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 state shall be carried beyond the boundaries of the State of Alabama, they shall be brought to a port of entry designated by the Department of Conservation and Natural Resources, and then and there a tax of $.20 per barrel must be paid. This section is intended to apply only to shrimp which are caught for the purpose of being transported to other states and shall not apply to canned or headless shrimp which have been caught and on which the tax due has been paid.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 40; Code 1940, T. 8, § 163.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-53 - Tax on Shrimp Not to Be Exported.

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 Natural Resources, not later than the fifth day of each month on all shrimp taken or caught in the waters of Alabama or waters within the territorial jurisdiction of the State of Alabama or brought into a port in the State of Alabama which are not to be carried or transported beyond the boundary of the state.
(Acts 1939, No. 565, p. 891, § 1; Code 1940, T. 8, § 164.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54 - Payment of Taxes.

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 the oysters, shrimp, terrapins, turtles or other seafood products, and any person who has purchased same from a dealer, factory, shipper or any other person who has paid the tax thereon shall not be taxed again. Said taxes shall be paid to the Director, Marine Resources Division of the Department of Conservation and Natural Resources or any other officers of the Department of Conservation and Natural Resources charged with enforcing the provisions of this article. Unless otherwise provided by law, all taxes, licenses and fines collected under this article shall be forwarded on the first of the following month to the Treasurer to be placed to the credit of the Seafoods Fund.
(Acts 1923, No. 504, p. 672, § 5; Code 1923, § 2770; Acts 1931, No. 361, p. 424, § 11; Code 1940, T. 8, § 128.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.2 - Expiration Date and Purchase of License; Nonresident License Fee.

Section 9-12-54.2
Expiration date and purchase of license; nonresident license fee.
All licenses required herein shall expire on the 30th day of September of each year. All receipts shall be deposited to the Marine Resources Fund. Nonresidents transporting and/or selling live or dead saltwater bait shall pay a license fee equal to that charged Alabama residents to conduct the same activity in the state of residence of the applicant and in no event less than double that of citizens of the State of Alabama. Vehicles registered in a state other than Alabama shall not be placed on a resident live bait license.
(Acts 1981, No. 81-853, p. 1531, §2; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.3 - Duties of Licensees.

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 registration number of the boat or boats designated as a live bait catcher boat and the license tag number of the truck or trucks he or she designates to use to transport bait. Boats designated by live saltwater bait dealers as a live bait catcher boat shall not be licensed as commercial shrimping vessels thereafter in that license year. A live saltwater bait licensee shall not substitute another boat or truck without first having the boat or truck inspected and approved by the Marine Resources Division of the Department of Conservation and Natural Resources. Each live bait catcher boat and transport truck shall contain the words "live bait" in letters at least six inches high on the port and starboard sides and the operator of the boat or truck shall have a copy of the licensee's live saltwater bait dealer's license in his or her possession.
All bull minnow traps in possession on board a boat on the waters of Alabama or in use by a licensed saltwater live bait dealer shall be marked with the Alabama boat registration number.
(Acts 1981, No. 81-853, p. 1531, §3; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.4 - Catching, etc., of Bait; Restrictions.

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, bait shrimp of any size and other saltwater species of bait in waters of the state under the jurisdiction of the Marine Resources Division as defined by rule of the Department of Conservation and Natural Resources not permanently closed to shrimping. Licensed live saltwater bait catchers may take or catch, or attempt to take or catch, live saltwater bait from 4:00 o'clock a.m. until 10:00 o'clock p.m. in areas temporarily closed to commercial shrimping, except as otherwise provided by law or regulation. In an area temporarily closed to commercial shrimping or in an area designated as an exclusive bait area, live saltwater bait may not be taken with any seine or trawl having a width greater than 16 feet as measured at the cork line or main top line. Lengths and widths of leadlines or footropes and trawl boards may be set by regulation. Dead shrimp must be packaged and sold with head attached in lots of no more than five pounds. The holder of a live saltwater bait license may have in his or her possession pursuant to such license not more than two standard shrimp baskets (measuring 17 inches in diameter at the top, 13.5 inches at the bottom and 14 inches in height) of shrimp live or dead on the licensee's boat, not more than two shrimp baskets on his or her truck, and not more than a total of four standard shrimp baskets at the licensee's place of business or otherwise. Any shrimp taken by the licensee may only be sold as bait.
(Acts 1981, No. 81-853, p. 1531, §4; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.5 - Catching, Etc. of Shrimp by Persons With Recreational Boat Shrimping License.

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 line to catch, or attempt to catch, saltwater shrimp for bait or noncommercial purposes not to exceed five gallons of shrimp per person per day, and unless otherwise provided by law or regulation, only at the same time and in the waters open to commercial shrimping.
(Acts 1981, No. 81-853, p. 1531, §5; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.6 - Exclusive Saltwater Bait Areas.

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 encompassing the water within the boundary from the south shore of Wolf Bay northward to Beacon #86 on the north side of the Gulf Intracoastal Waterway then westward along the north side of the Gulf Intracoastal Waterway to Beacon #94 then south across the Gulf Intracoastal Waterway to the south shore of Wolf Bay; Oyster Bay, that area encompassing the waters of Oyster Bay except those waters north of the Gulf Intracoastal Waterway; that area encompassing those waters in the mouth of the Blakely River between the I-10 bridge and the Highway 90 (old causeway) bridge; Terry Cove (Baldwin County); Arlington Channel; East Fowl River from Beacon 5 and 6 to the mouth of the river; Bayou La Batre Channel from Bayou La Batre Channel B.C. Beacon to the mouth of Bayou La Batre; and Dauphin Island Bay (Mobile County) shall be designated as exclusive saltwater bait areas and shall remain open to licensed commercial and recreational live saltwater bait shrimping year around during the hours of 4:00 o'clock a.m. until 10:00 o'clock p.m. provided that the shrimping activity complies with all other statutes and regulations promulgated by the Commissioner of the Department of Conservation and Natural Resources concerning shrimping activity. The Commissioner of the Department of Conservation and Natural Resources is authorized to establish by regulation other exclusively commercial and exclusively recreational bait shrimping areas, and to promulgate other rules and regulations as necessary relating to the activities provided for in Sections 9-12-54.1 to 9-12-54.6, inclusive.
(Acts 1981, No. 81-853, p. 1531, §6; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-54.7 - Penalty for Violations.

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 any person or persons shall be an offense against the State of Alabama, and violators shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense. For a subsequent offense occurring within 36 months of the first offense, the violator shall, upon conviction, be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and the live saltwater bait dealer's license privileges shall be suspended by the Department of Conservation and Natural Resources for six months.
(Acts 1981, No. 81-853, p. 1531, §7; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-61 - Taking, Sale, etc., of Oysters Under Three Inches Long.

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 in his possession or to buy or offer to buy any oysters whose length is less than three inches, taking into consideration the five percent allowance as provided for by law, except when the legal size of oysters is reduced by a regulation duly promulgated by the Commissioner of Conservation and Natural Resources as otherwise provided for under this title; provided, that nothing in this section shall be construed so as to apply the provisions hereof to the taking of oysters from private reefs by the owners or lessees of such private reefs.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 38; Code 1940, T. 8, §153; Acts 1953, No. 709, p. 965, § 1; Acts 1959, No. 508, p. 1245, § 1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-62 - Mutilation, etc., of Buoys or Markers.

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 or remove any buoy or other marker placed, set or stationed by the Department of Conservation and Natural Resources or its duly authorized agent or stationed by any lessee of oyster bottoms or other person authorized to place, set or station any buoy or other marker on the public reefs, beds and bottoms of the State of Alabama.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 35; Code 1940, T. 8, §150.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-63 - Use of Unlicensed Boats, etc., to Take, etc., Oysters or Shrimp.

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 shrimp by the use of any boat, barge or watercraft which has not been duly licensed by the Department of Conservation and Natural Resources.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §36; Code 1940, T. 8, §151.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-64 - Sale, Purchase, etc., of Shrimp or Oysters Taken by Unlicensed Tongers, Boats, Etc.

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 any oysters or shrimp which have been taken or caught by any unlicensed tonger or by an unlicensed dredge or by an unlicensed boat, barge or other unlicensed watercraft.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 37; Code 1940, T. 8, §152.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-65 - Sale, etc., of Shrimp or Oysters to Persons, etc., Failing to Comply With Provisions of Article.

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 any saltwater shrimp or oysters after having been notified in writing by the Department of Conservation and Natural Resources or its agent to the effect that such person, firm or corporation which the Department of Conservation and Natural Resources shall name in its notice has failed or refused to pay the tax on saltwater shrimp or oysters or to make the reports in writing required by law or has failed to comply with the other provisions of this article, and in the event such saltwater shrimp or oyster catcher or master of a boat handling saltwater shrimp or oysters sells, exchanges, barters, gives or delivers saltwater shrimp or oysters to the person, firm or corporation named in the notice as not having complied with the provisions of this article, the Department of Conservation and Natural Resources shall enter a cancellation of the license to take or catch saltwater shrimp or oysters or do business against the person or master of the boat offending against this section, which license shall not be reissued except at the discretion of the Commissioner of Conservation and Natural Resources.
(Code 1907, §4086; Acts 1919, No. 259, p. 242, §1 1/2; Acts 1919, No. 275, p. 252, §7 1/2; Code 1923, §2739; Code 1940, T. 8, §121.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › 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.

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 water shall institute in the name of the State of Alabama any necessary proceedings to collect any sums due the Department of Conservation and Natural Resources for any fees, licenses, taxes, penalties or other charges that may be levied under this article or any rules and regulations made by said Department of Conservation and Natural Resources under the powers conferred on said Department of Conservation and Natural Resources. Any sums collected in said proceedings shall be paid into the General Fund of the Department of Conservation and Natural Resources. The district attorney shall also prosecute the offender for any violation of the laws of this state pertaining to the taking, canning or shipment of oysters.
(Code 1907, §5122; Acts 1915, No. 107, p. 145; Acts 1919, No. 259, p. 242; Code 1923, §2730; Code 1940, T. 8, §117.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-67 - Sacking and Tagging Oysters; Penalties.

Section 9-12-67
Sacking and tagging oysters; penalties.
(a) All oysters taken from public oyster bottoms of the State of Alabama for commercial purposes shall be sacked or placed in containers, in accordance with the most current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health, containing not more than one-quarter Alabama barrel of oysters. Sacks or containers with oysters shall be tagged and identified in accordance with the requirements of the most current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health, prior to leaving the harvest location or oyster management station. The tag shall remain attached to each sack or container until it is emptied or retagged with a certified dealer tag. Sacks or containers shall not be emptied in any proportion prior to reaching the destination where the oysters shall be opened, repacked, or processed. Upon reaching the destination, if less than the entire sack or container is to be opened at one time, the tag shall remain attached until the last oyster is removed. Upon emptying each sack or container or retagging with a certified dealer's tag, the harvester tag shall immediately be removed and filed or disposed of as required by rule of the state Department of Public Health. Sacks or containers of oysters imported into this state shall be tagged and identified as required by rule of the state Department of Public Health. It shall be unlawful to possess empty sacks or containers with oyster tags attached thereto.
(b) Oysters taken from private lease bottoms or oyster aquaculture sites for commercial purposes may be tagged in individual sacks, containers, or in bulk in accordance with the most current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health and rules adopted by the Commissioner of the Department of Conservation and Natural Resources.
(c) It shall be unlawful for any person, firm, or corporation to sell, purchase, or possess oysters in violation of this section and upon conviction, persons, firms, or corporations shall be guilty of a Class C misdemeanor.
(d) Tags shall be purchased at a cost of twenty-five cents ($.25) per tag for sacks or containers and one dollar ($1) per tag for bulk tags, plus cost of printing rounded to the nearest five cents, from the Department of Conservation and Natural Resources, Division of Marine Resources, or its duly authorized agents. Receipts shall be deposited to the credit of the Marine Resources Fund and shall be used solely for cultch planting and other oyster management purposes.
(Acts 1987, No. 87-560, §§1-3; Act 2010-699, p. 1692, §1; Act 2018-452, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-80 - License Fees for Nonresidents.

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 residents of this state and boats of foreign corporations or boats taking oysters out of the state shall pay the same fee as that charged Alabama residents or boats to fish or conduct the same activity in the applicant's state of residence; and to provide that in no event shall nonresidents and boats pay less than twice the cost for said licenses that Alabama residents pay and further provided, that where the amount of nonresident license fee is stipulated by the law creating the same, this amount shall govern; and further provided, that this section shall not apply to citizens of other states which have reciprocal fishing agreements with this state.
(Code 1886, §4164; Code 1896, §5584; Code 1907, §7505; Acts 1921, Ex. Sess., No. 12, p. 12; Code 1923, §§2737, 4078, 5113; Code 1940, T. 8, §120; Acts 1953, No. 799, p. 1091, §1; Acts 1987, No. 87-561, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-82 - License Required for Taking of Oysters for Commercial Purposes; Penalty; Aquaculture License; Disposition of Funds.

Section 9-12-82
License required for taking of oysters for commercial purposes; penalty; aquaculture license; disposition of funds.
(a) Before any person engages in the taking or catching of oysters from the waters or bottoms of the State of Alabama, the person shall first purchase an annual oyster catcher license. The license shall expire annually on September 30 and shall be twenty-five dollars ($25) . However, persons may take for personal, noncommercial purposes, from waters opened to commercial oystering, not more than 100 oysters per day without purchasing an oyster catcher license.
(b) Before any oyster aquaculture site or facility permitted by the state Department of Public Health engages in the taking of oysters from the waters or bottoms of this state, the oyster aquaculture permittee shall first purchase an annual oyster aquaculture license. The license shall allow employees of the aquaculture facility to engage in harvesting and sorting of oysters or to conduct other approved activities for the licensed facility without possessing an individual oyster catcher license. Authorized employees shall meet the requirements for harvest in accordance with all other rules of the Department of Conservation and Natural Resources and the state Department of Public Health. The license shall expire annually on September 30 and shall be two hundred fifty dollars ($250).
(c) A violation of this section shall be a Class C misdemeanor.
(d) The proceeds from the sale of the license shall be deposited to the credit of the Marine Resources Fund and the license shall expire on September 30 of each year.
(Acts 1953, No. 796, p. 1089, §1; Acts 1981, No. 81-850, p. 1528, §1; Acts 1984, 2nd Ex. Sess., No. 85-48, p. 71, §1; Acts 1988, No. 88-577, p. 897, §2; Act 2018-452, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › 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.

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.
(Acts 1953, No. 796, p. 1089, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-85 - Affidavits of Applicants for Licenses for Boats or Vessels.

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 than skiffs or vessels of one ton burden or less, the applicant for such license shall make an affidavit as to the tonnage of said boat or vessel before some officer authorized to administer oaths, which affidavit shall be attached to his application for a license. For this purpose any member of the Department of Conservation and Natural Resources, the Director, Marine Resources Division of the Department of Conservation and Natural Resources, and all inspectors are authorized to administer the necessary oath for said affidavit. It shall be the duty of the Director, Marine Resources Division of the Department of Conservation and Natural Resources to verify the said affidavit by having the measurement of said boat taken when he shall be of the opinion that any boat is not paying a proper license fee.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §15; Code 1940, T. 8, §136.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-87 - License for Dredge.

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 by the Department of Conservation and Natural Resources. Before such license is issued, the applicant shall pay to the department of conservation and natural resources or its duly authorized agent a fee of $25.00 for each and every dredge used in taking or catching oysters. The license so issued shall be dated and shall be effective only for the season issued and then only in a manner and place and at a time under regulations and authority of the Department of Conservation and Natural Resources.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §21; Code 1940, T. 8, §140.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-93 - License for Boat Used for Taking or Carrying Shrimp.

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 or hauling or carrying shrimp without first having secured an annual license due and payable on or before the opening date of the season as set by the Commissioner of Conservation and Natural Resources in each and every year as follows: For each and every boat owned by a resident of this state, there shall be an annual license fee of fifty dollars ($50) for commercial boats under 30 feet in length, seventy-five dollars ($75) for commercial boats from 30 to 45 feet in length, one hundred dollars ($100) on commercial boats over 45 feet in length, and fifteen dollars ($15) on all recreational boats regardless of length. Recreational boats can use trawls of 16 feet or less as measured at the cork line or main top line to catch, or attempt to catch, shrimp for bait or noncommercial purposes, not to exceed five gallons per person aboard per day only at the same time and in waters open to commercial shrimping. Nonresidents shall pay a license fee equal to that paid by Alabama residents or boats to shrimp in their state but no less than double the amount provided for above, except where a nonresident is a resident of a state which has a reciprocal fishing agreement with the State of Alabama where the state does not itself charge residents of Alabama license fees in excess of those charged residents of that state. All proceeds from licenses under this section shall be placed to the credit of the Marine Resources Fund.
(Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §155; Acts 1961, Ex. Sess., No. 106, p. 2026, §1; Acts 1988, No. 88-577, p. 897, §4; Acts 1994, No. 94-618, p. 1150, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-94 - Persons Taking Oysters or Shrimp to Have Licenses in Possession.

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 or shrimp, and it shall be unlawful to take oysters or shrimp unless a properly issued license to do so is in the possession of the person operating a boat engaged in taking oysters or shrimp or other persons engaged therein.
(Acts 1919, No. 259, p. 242, §21; Code 1923, §2756; Code 1940, T. 8, §124.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 2 - Licenses Generally. › Section 9-12-95 - Commercial Party Boat License; Fee; Requirements; Expiration; Penalty.

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 the State of Alabama for a fee shall purchase a commercial party boat license. The fee for a commercial party boat license shall be $200.00 for boats certified for up to six passengers, $300.00 for boats certified for seven to twenty-five passengers, and $500 for boats certified for more than twenty-five passengers. Upon making application for the license, the applicant shall provide evidence of a United States Coast Guard license for operating a passenger boat. Any law or regulation to the contrary notwithstanding, passengers on the commercial party boats may fish in the territorial waters of Alabama, and land fish in this state caught within or beyond the territorial waters without purchasing a fishing license. Persons to whom the commercial party boat license is issued shall also be issued identification decals in the form and number as determined by the Division of Marine Resources of the Department of Conservation and Natural Resources. The licensees shall place and maintain the decals in the locations on the commercial party boats as specified by the Division of Marine Resources.
(b) Any person who is entitled to purchase a commercial party boat license may procure the license by applying to any judge of probate, license commissioner, or any other authorized officer, stating his or her name, age, and post office box address, and paying to the issuing officer the required fee for the license.
(c) Any license issued pursuant to this section shall not be transferable, and it shall be unlawful to borrow, lend, or alter any license. No license-issuing officer may back date any license. All licenses shall expire on September 30 of each year.
(d) Any violation of this section shall be a Class C misdemeanor punishable as provided by law and with an additional mandatory fine of twice the amount of the required license.
(e) The net revenues derived from the sale of licenses pursuant to this section, shall be remitted to the Department of Conservation and Natural Resources on the first day of each month by the issuing officer and shall be deposited into the State Treasury to the credit of the Marine Resource Fund. Those revenues shall be used solely for the development, protection, and propagation of saltwater sport fisheries in this state.
(Acts 1992, No. 92-245, p. 593, §§1 to 5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-110 - Size of Mesh of Seines, Nets or Trawls Used for Taking of Saltwater Fish, Baits, Etc.

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 a mesh of a size other than that prescribed by the rules and regulations of the Department of Conservation and Natural Resources of the State of Alabama, where practical, to conform with Louisiana, Mississippi and Florida laws. All measurements of seines, nets and trawls are to be taken from knot to knot after said nets have been tarred and shrunk. The size of the mesh of all seines, nets and trawls and the size of other devices which are used for the sole purpose of taking minnows, shrimp or other baits for use as bait shall conform to the rules and regulations of the Department of Conservation and Natural Resources of the State of Alabama.
(Acts 1943, No. 587, p. 590, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-111 - Lengths or Widths of Seines, Nets, and Trawls.

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 in use, any seine, trammel net, gill net or other device for the taking or catching of saltwater fish or other seafoods having in length on the cork or main top line more than 2,400 feet except on purse seines where the Commissioner of Conservation and Natural Resources may set additional length by regulation. When two or more nets are joined together, they shall be considered as one, and the total length thereof must not exceed the above limitation. All nets, seines, or trawls exceeding the prescribed length or width as set by law or regulation may be confiscated and held as evidence, and upon conviction, the nets, seines, or trawls shall be forfeited to the Department of Conservation and Natural Resources which shall dispose of forfeited items as it deems advisable. Any person violating this section or any regulation promulgated pursuant to this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction. It shall be unlawful for any person, firm, or corporation to have in use any trawl or trawls, for the taking of shrimp or other seafoods, the total width of which exceeds the measurement as set by regulation.
(Acts 1943, No. 587, p. 590, §2; Acts 1953, No. 715, p. 969, §1; Acts 1995, No. 95-287, p. 535, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-112 - Garfish Taken to Be Killed Before Returning to Waters.

Section 9-12-112
Garfish taken to be killed before returning to waters.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1943, No. 587, p. 590, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-113.1 - Selling, Buying, Trading, or Bartering Certain Saltwater Game Fish Prohibited.

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 saltwater game fish specified in Section 9-12-113 or by regulation of the Department of Conservation and Natural Resources. The first offense of this section shall be a Class B misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000). Any subsequent offenses shall be a Class A misdemeanor with a mandatory minimum fine of two thousand dollars ($2,000), plus forfeiture of vehicle used in transporting the game fish. Any person violating this section or any regulation promulgated pursuant to this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction.
(Acts 1995, No. 95-287, p. 535, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-115 - Reports of Seafood Dealers.

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 her authorized agent shall under oath make a monthly report to the Director of the Marine Resources Division of the Department of Conservation and Natural Resources on blanks provided for that purpose by the director, which report shall show in detail the weight in pounds of each species of fish purchased from commercial fishermen during the preceding month. The reports required by this section shall be in the hands of the director by the tenth day of each month for the immediately previous month, and willful failure or refusal to make the report by the required date or upon notification by the director that the report has not been received or the filing of a false report shall be deemed a violation of this section, and the Commissioner of Conservation and Natural Resources shall have the discretion to suspend or cancel the dealer's license until the provisions of this section are complied with, and the license shall not be used by any person, firm, or corporation until the dealer's license is restored by the Commissioner of Conservation and Natural Resources. The commissioner may, by regulation, require reports on a more frequent basis for those species managed under a quota system, with the same penalty provisions applicable for failure or refusal to report. The commissioner may by regulation, require the reports to be formatted to comply with gulf-wide trip tickets.
(Acts 1943, No. 587, p. 590, §6; Acts 1995, No. 95-287, p. 535, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-115.1 - Landing and Reporting Requirements for Certain Saltwater Finfish and Other Seafood Products.

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 reported through a properly licensed Alabama seafood dealer. Other seafood products commercially harvested in this state shall be landed in this state, or in lieu thereof any subject person shall comply with any reporting procedures established by regulation of the Department of Conservation and Natural Resources. The Commissioner of the Department of Conservation and Natural Resources is hereby authorized to promulgate regulations which provide for and require reporting procedures for both resident and nonresident Alabama commercial fishermen who sell or land seafood products other than finfish outside the State of Alabama. Upon determination by the Commissioner of the Department of Conservation and Natural Resources that any subject person has failed to report as required, the commissioner may revoke any relevant commercial seafood license or permit he or she deems appropriate. Any person who violates this section or any regulation promulgated pursuant to this section, shall be guilty of a Class B misdemeanor, and upon conviction, shall be punished as provided in Sections 13A-5-7 and 13A-5-12. Any person so convicted shall be fined not less than one thousand dollars ($1,000). Any person violating this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction.
(Acts 1995, No. 95-287, p. 535, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-116 - Refusal to Open Place of Business or Boat for Inspection; Agreement, Conspiracy, etc., to Evade Provisions of Article, Etc.

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, oysters or other seafoods may be dumped, kept or stored, except his actual residence, for inspection by any officer whose duty it is to inspect same or to conspire or agree with any person to evade any of the provisions of this article or any laws hereafter enacted or to knowingly connive or participate in any such violation. A violation of the provisions of this section shall constitute a misdemeanor, and any person, firm or corporation so violating shall be punished by a fine of not less than $25.00 nor more than $50.00 for each offense.
(Acts 1943, No. 587, p. 590, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-117 - Possession, Operation or Use of Illegal Tackle, Illegal Fishing Devices or Unlicensed Boats or Vessels.

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 required by this article shall be considered prima facie evidence that it is kept or used for unlawful purposes, and such possession or operation or use shall be punishable by a fine of not less than $25.00 nor more than $500.00.
(Acts 1943, No. 587, p. 590, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 3 - Additional Regulations. › Section 9-12-118 - Issuance of Licenses - Persons Authorized; Record.

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 and duly appointed by the Commissioner of Conservation and Natural Resources and so authorized by him shall have authority to issue all licenses, resident or nonresident, to all persons complying with the provisions of this article, and shall sign his name and shall require the person to whom the license is issued to sign his name on the margin thereof. The person or persons issuing said license shall keep in a book or on specially prepared sheets to be furnished by the Commissioner of Conservation and Natural Resources a correct and complete record of all licenses issued, which record shall remain in his office and be open to inspection by the public at all reasonable times.
(Acts 1943, No. 587, p. 590, §9.)