reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals. › Section 9-11-504 - Hunting of Pen-Raised Birds.

Section 9-11-504
Hunting of pen-raised birds.
Nothing in this article shall prohibit the hunting of pen-raised birds by properly licensed hunters or by properly licensed persons engaged in the training of bird dogs, or by persons engaged in bird dog field trials as provided by law or rules promulgated by the Commissioner of Conservation and Natural Resources.
(Act 2006-109, p. 159, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 11 - Fish, Game and Wildlife. › Article 19 - Hunting of Native Game Animals and Certain Nonindigenous Animals. › Section 9-11-505 - Penalties.

Section 9-11-505
Penalties.
Any person, firm, corporation, or association that violates Sections 9-11-500 to 9-11-504, inclusive, of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000), and may be imprisoned in the county jail for a period of not more than 30 days for each offense. A second and subsequent offense shall be punishable by a fine of not less than five thousand dollars ($5,000), and by imprisonment in the county jail for not less than 10 nor more than 30 days.
(Act 2006-109, p. 159, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-1 - Persons Considered Residents of State; Burden of Proof as to Residence.

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 in this chapter, who does not at the time reside in and who shall not have resided in this state for 12 months next preceding the time when any offense with which he is charged may have been committed; and, in all questions arising as to residence under this chapter, the burden of proof shall rest on the defendant.
(Code 1886, §4718; Code 1896, §5573; Code 1907, §7494; Code 1923, §5102; Code 1940, T. 8, §165.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-2 - Summoning Into Service of Posse Comitatus, Boats, etc.; Penalty for Resistance.

Section 9-12-2
Summoning into service of posse comitatus, boats, etc.; penalty for resistance.
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1852, §1128; Code 1867, §1308; Code 1876, §1616; Code 1886, §4721; Code 1896, §5576; Code 1907, §7497; Code 1923, §5105; Code 1940, T. 8, §166.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-3 - Captains of Licensed Vessels, etc., to Assist Inspectors in Making Arrests; Failure or Refusal to Aid Inspector Upon Request.

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 officer, both in person and with his boat and crew, in making any arrest for any violation of this chapter, and such captains shall use such force at their command as may be necessary in making the arrest when such person attempts to escape or resist arrest, and any captain or member of any crew failing or refusing to aid any inspector when called on shall be guilty of a misdemeanor.
(Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §129.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-4 - Proceedings as to Violations of Chapter - Jurisdiction.

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 where the offense is alleged to have been committed.
(b)(1) For the purposes of determining jurisdiction of violations of the marine resources law pursuant to this subsection, the following line is established: The line shall be the centerline of the Mobile Ship Channel as it is located in the Gulf of Mexico, southward to the last navigational buoy, commonly referred to as the "Farewell Buoy," which is located at Latitude 30 degrees 07.490 minutes, Longitude 88 degrees 04.130 minutes, and extending due south from that point.
(2) If a violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico within the waters of the state, the jurisdiction of the offense shall be based on the global positioning system (GPS) location thereof and shall be in Baldwin County if the GPS location of the offense is east of the line described in subdivision (1) and shall be in Mobile County if the GPS location of the offense is west of the line described in subdivision (1).
(3) If a violation of any marine resources law or regulation is alleged to have been committed in the Gulf of Mexico outside the state's territorial waters where the state has jurisdiction over the fishing vessel, recreational or commercial, under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §1856, or any other provision of federal law, the jurisdiction of the offense shall be based on the GPS location thereof and shall be in Baldwin County if the GPS location of the offense is east of the line described in subdivision (1) and shall be in Mobile County if the GPS location of the offense is west of the line described in subdivision (1).
(Code 1852, §1123; Code 1867, §1303; Code 1876, §1611; Code 1886, §4722; Code 1896, §5577; Code 1907, §7498; Code 1923, §5106; Code 1940, T. 8, §167; Act 2007-419, p. 891, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › 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.

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 in the section of this chapter which is violated or as otherwise provided by law and, if the fine is not paid, must commit him or them to jail and must also condemn the boat, vessel or craft, together with her tackle, apparel, furniture and appurtenances, forfeited to the state, and direct that it be sold and adjudge the cost of the proceeding before him to be paid by the accused. If he is not satisfied from the proof that the accusation is established, he must discharge the accused and release the boat, vessel or craft and other property seized.
(Code 1852, §1124; Code 1867, §1304; Code 1876, §1612; Code 1886, §4723; Code 1896, §5578; Code 1907, §7499; Code 1923, §5107; Code 1940, T. 8, §168.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › 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.

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 of them, may appeal from the sentence of condemnation and fine following the procedure set forth in Chapter 12 of Title 12. If the judgment is affirmed, costs must be adjudged on behalf of the state, and the district attorney shall be allowed a tax fee of $50.00.
(Code 1852, §1125; Code 1867, §1305; Code 1876, §1613; Code 1886, §4724; Code 1896, §5579; Code 1907, §7500; Code 1923, §5408; Code 1940, T. 8, §169.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-7 - Proceedings as to Violations of Chapter - Bonds for Stay of Sale of Condemned Boats, etc., Pending Appeal.

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 twice the value of the boat or vessel, her tackle, etc., the value to be determined by the judge of the district court, with sufficient surety, payable to the State of Alabama, with condition to prosecute the appeal to effect. The bond must be returned, with the other papers in the case, to the circuit court; and, if the judgment of the district court is affirmed, judgment shall be rendered against all the obligors therein for the amount of the fines not paid and for the value of the boat, her tackle, etc., to be ascertained by proof, as well as the costs of the circuit court.
(Code 1852, §1126; Code 1867, §1306; Code 1876, §1614; Code 1886, §4725; Code 1896, §5580; Code 1907, §7501; Code 1923, §5109; Code 1940, T. 8, §170.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-8 - Proceedings as to Violations of Chapter - Procedure for Sale of Condemned Boats, etc.; Disposition of Proceeds.

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 sell the boat or vessel, her tackle, etc., in the same manner as the sales under execution and, after deducting all necessary expenses of the seizure and costs of sale, of which he shall render an account on oath, pay the residue to the county treasurer of the county in which the seizure is made, who may allow him 10 percent thereon for his trouble. The money thus received by the treasurer must be held for the same purpose as that arising from fines and forfeitures.
(Code 1852, §1127; Code 1867, §1307; Code 1876, §1615; Code 1886, §4726; Code 1896, §5581; Code 1907, §7502; Code 1923, §5110; Code 1940, T. 8, §171.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 1 - General Provisions. › Section 9-12-9 - Endorsement or Stamp Required to Harvest Specific Species and Species Groups of Marine Resources; Fees.

Section 9-12-9
Endorsement or stamp required to harvest specific species and species groups of marine resources; fees.
(a) The Commissioner of the Department of Conservation and Natural Resources may require the possession of an endorsement or stamp in order to harvest or attempt to harvest specific species or species groups of marine resources. The commissioner shall establish the requirements and any associated fees for an endorsement or stamp by rule. All fees derived from endorsements or stamps issued pursuant to this section shall be deposited in the Marine Resources Fund and shall only be used for the management and development of the species or species group for which an endorsement or stamp was issued. Any endorsement or stamp required pursuant to this section and any associated fees shall be in addition to any other license or fee otherwise required by law.
(b) For purposes of this section, the term marine resources means those resources subject to the jurisdiction of the Division of Marine Resources of the Department of Conservation and Natural Resources.
(Act 2015-462, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-20 - Ownership and Control of Seafoods.

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, streams, bayous, lagoons, lakes, bays, sounds and inlets bordering on or connecting with the Gulf of Mexico or Mississippi Sound within the territorial jurisdiction of the State of Alabama, including all oysters and other shellfish and parts thereof grown thereon, either naturally or cultivated, shall be, continue and remain the property of the State of Alabama to be held in trust for the people thereof until title thereto shall be legally divested in the manner and form authorized in this article, and the same shall be under the exclusive control of the Department of Conservation and Natural Resources until the right of private ownership shall vest therein as provided in this article.
(Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §112.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-21 - "Natural Oyster Reef" Defined.

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, bayou, creek, inlet or any other body of salt or brackish water on which oysters grow naturally, or have grown naturally, in quantity sufficient to warrant fishing for them with hand tongs as a means of a livelihood within a period of five years next preceding the time at which said matter may be presented for consideration and determination by the Director, Marine Resources Division of the Department of Conservation and Natural Resources. But in no case shall an oyster bed be declared or defined to be a natural oyster reef when such bed is located within the limits where the owners of land fronting on such waters where oysters may be grown have the right to create and have created, by artificial means such as planting oysters or oyster shells or by any other means, culture grounds for the growth of oysters and have by these means caused the bottoms on which such beds are located to become hardened so that oysters will grow thereon naturally even though such bed so created exceeds one acre in continuous area and even though after these beds have been artificially created oysters grow naturally thereon, or have grown naturally thereon, in quantity sufficient to warrant fishing for them with hand tongs as a means of livelihood within the period of five years next preceding the time at which said matter may be presented for consideration and determination by the Director, Marine Resources Division of the Department of Conservation and Natural Resources.
(Acts 1915, No. 107, p. 145, §20; Code 1923, §2734; Acts 1933, Ex. Sess., No. 115, p. 111; Code 1940, T. 8, §118.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-22 - Right of Owners of Land Fronting Public Waters to Plant and Gather Oysters.

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 the property of the State of Alabama to be held in trust for the people thereof, but the owners of land fronting on such waters where oysters may be grown shall have the right to plant and gather same in the waters in front of their land to the distance of 600 yards from the shore measured from the average low water mark, but where the distance from shore to shore is less than 1,200 yards, the owners of either shore may plant and gather to a line equidistant between the two shores, but no person shall plant in any natural channel so as to interfere with navigation. The respective owners shall plant within lines extended into the water from points where the boundaries intersect the shore, as nearly as practicable, with a mean width corresponding with their respective frontages on the shore, but should the lines thus extended cross each other or seriously interfere with obtaining such mean width, then a line equidistant from the shore lines of the respective owners shall be the boundary between such planting grounds. No riparian right shall vest in any person to any part of the natural and public reefs; provided, that the Department of Conservation and Natural Resources shall have authority to regulate the time, manner, means or place or places for planting oysters or oyster shells.
(Code 1896, §3155; Code 1907, §1581; Acts 1915, No. 107, p. 145, §1; Code 1923, §2724; Acts 1936-37, Ex. Sess., No. 169, p. 192, §2; Code 1940, T. 8, §113.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-23 - Cancellation of Leases of Riparian Bottoms; Appeals.

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 of Conservation and Natural Resources; and, from the ruling so cancelling such lease or affecting the riparian rights, any person aggrieved may prosecute an appeal to the circuit court of the county in which the alleged natural reef is situated.
(Acts 1915, No. 107, p. 145; Code 1923, §2735; Code 1940, T. 8, §119.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › 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.

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 or firm or corporation organized under the laws of this state and doing business within its limits, for the purpose of oyster culture, any bottom of the waters of the state in a natural oyster bed or reef in such areas and at such prices and under such conditions as he may determine. Such persons, firms or corporations desiring to avail themselves of the privileges of leasing oyster bottoms shall make application in writing to the Commissioner of Conservation and Natural Resources accompanied by such fee as may be prescribed by the Commissioner of Conservation and Natural Resources, whereupon a competent surveyor, selected by the Commissioner of Conservation and Natural Resources at the expense of the applicant, shall stake off the parcel to be leased, forwarding a description thereof to the Commissioner of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall thereupon sign and issue to said applicant a lease thereon, upon the payment in advance of the rental or lease price, which shall likewise be paid in advance at the beginning of each rental year thereafter during the continuation of the lease. The failure to pay the rental price or to plant less than the number of barrels upon the leased land agreed to or the failure to conform to any conditions of the lease shall ipso facto cancel said lease and shall forfeit to the state the leased bottoms. All funds derived through the leasing of oyster bottoms shall be paid into the Seafoods Fund of the Department of Conservation and Natural Resources.
(Code 1896, §2774; Code 1907, §2727; Code 1923, §2725; Acts 1935, No. 226, p. 618, §11; Code 1940, T. 8, §114.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-25 - Removal of Oysters by Lessees Upon Forfeiture of Lease; Regulations for Protection of Rights of Lessees.

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 to remove from said leased parcel as may seem proper, upon such terms as may be prescribed by the Commissioner of Conservation and Natural Resources, oysters remaining thereon which were planted by said lessee. The Department of Conservation and Natural Resources shall have authority by regulation to protect the lessees of oyster bottoms in their rights as such lessees.
(Code 1923, §2726; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §115.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-26 - Dragging of Seines Over Public Reefs or Private Oyster Grounds.

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.
(Acts 1919, No. 259, p. 242, § 10; Code 1923, §2746; Code 1940, T. 8, §122.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › 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.

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 measure 17 inches in diameter, inside at the bottom, and 21 1/2 inches in diameter, inside at the top, and 14 1/2 inches, inside, from the bottom to top perpendicularly. Two of these measures filled to the top shall make one barrel, and all oysters bought and sold in this state in the shell shall be measured in a measure of these dimensions or a measure holding a fraction or multiple thereof.
(b) A standard measure for shrimp is established which shall consist of a container holding not less than 210 pounds of raw shrimp with heads or 125 pounds of raw shrimp without heads.
(c) It shall be unlawful for any person to have in his possession any measure for oysters in the shell or shrimp which shall differ from the measure provided for in this section or demand or require a greater or less measure in buying or selling, and no vessel, container or measure shall be used in buying or selling oysters or shrimp until it has been measured and stamped by an inspector of the Division of Marine Resources. The said inspector shall visit from time to time each place where oysters or shrimp are bought and sold for the purpose of determining whether the terms of the provisions of this section are complied with.
(Code 1896, §2160; Code 1907, §1585; Code 1923, §2729; Code 1940, T. 8, §116; Acts 1953, No. 711, p. 966, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-28 - Oysters Management Stations; Harvest Records.

Section 9-12-28
Oysters management stations; harvest records.
The Commissioner of Conservation and Natural Resources may establish by rule oyster management stations to be used by persons or boats harvesting or landing oysters taken from the public reefs or public water bottoms of this state. The oyster management stations so established in conjunction with other locations designated by the Director of the Marine Resources Division and approved in writing by the commissioner shall be the only ports used by persons or boats landing such oysters in Alabama by water and it is unlawful to so use any other port for landing oysters. When oyster management stations are opened, all oyster catchers taking oysters from the public reefs shall be required to check out and check in at a management station. The rule establishing oyster management stations may also provide for the Marine Resources Division to require oyster harvest records. A commercial oyster catcher shall record all information required for the completion of the oyster harvest record and shall retain the original of the oyster harvest record in his or her possession while transporting oysters taken from the public reefs or water bottoms of this state. Oysters shall only be sold to seafood dealers certified by the state Department of Public Health and licensed by the division. The oyster harvest record shall be available for inspection upon request by any agent of the Department of Conservation and Natural Resources or the state Department of Public Health. A violation of this section or any rule promulgated hereunder shall constitute a Class B misdemeanor, punishable as provided by Sections 13A-5-7 and 13A-5-12.
(Acts 1919, No. 259, p. 242, §17; Code 1923, §2753; Acts 1931, No. 361, p. 424, §15; Code 1940, T. 8, §123; Act 2010-699, p. 1692, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-29 - Patrol Boats.

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 shall be a seafaring man, competent to act as captain of the boat on which he may be assigned, and the Department of Conservation and Natural Resources shall provide all necessary crews to properly man said boats. They shall patrol daily the waters of the Mississippi Sound and the territorial waters of the State of Alabama under the direction of the Director, Marine Resources Division, Department of Conservation and Natural Resources and shall see that all oysters are properly culled on the reefs or beds where taken and that all laws appertaining to the taking, catching, canning, transporting or having in possession of all seafoods of the State of Alabama are complied with.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 7; Code 1940, T. 8, § 130.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-30 - Patrolling of Private Oyster Reefs.

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 to be patrolled from time to time as he may see fit all those areas in Alabama territorial waters upon which are located private oyster reefs to prevent the illegal taking or removal by unauthorized persons of oysters on said private reefs.
(Acts 1959, No. 509, p. 1246, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-31 - Boarding of Boats, etc., and Entrance Into Places of Business to Investigate Compliance With Laws.

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 watercraft which is engaged in the taking or catching of oysters or shrimp or to enter the place of business of any person, firm, corporation or association engaged in the seafood industry or sale of seafoods and by inspection or investigation determine whether such boat, barge or other craft or such business is in every respect being operated in full compliance with the provisions of the seafood laws of this state or regulations based thereunder or whether oysters or shrimp or other seafoods are being taken or canned, packed or processed or caught or transported in full compliance with the laws relating to oysters and shrimp or other seafoods or regulations based thereunder.
(Acts 1936-37, Ex. Sess., No. 169, §31, p. 192; Code 1940, T. 8, §149.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › 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.

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 of the bottoms, beds, or reefs under his or her control, and each corner shall be clearly marked and defined with the owner's or lessee's name clearly attached. There shall also be established intermediate markers between the corners, the distance between which shall not exceed 600 feet extending from each corner of the private bed, bottom, or reef to the adjacent corner, and also from the outside corner every 600 feet to the high water mark on the associated beach, bank, or marsh edge. The plat of this area, including GPS coordinates of area corners, and any lease agreements or proof of right of ownership shall be filed with the Division of Marine Resources together with the list of any persons using the bed, bottom, or reef as the owner's agent or permittee. Plats and lease agreements shall be provided to the division in such a manner as to remain current. The director of the division may require private oyster leases to be resurveyed every five years or at any time the director determines that the private leased area has substantially changed. The agent or permittee shall have in his or her possession at all times while on the bed, bottom, or reef a written, dated permit from the owner, which permit shall extend for a period not exceeding 30 days from the date of signature of the owner or lessor. Failure of the permittee or agent to have the permit in his or her possession shall constitute a misdemeanor and, upon conviction thereof, he or she shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) and may be imprisoned for a period not exceeding six months.
(Acts 1959, No. 509, p. 1246, §2; Act 2010-699, p. 1692, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-33 - Culling and Sacking of Oysters.

Section 9-12-33
Culling and sacking of oysters.
(a) All oysters taken from the public reefs of this state shall be culled and sacked, and each sack tagged and identified in accordance with the requirements of the rules of the state Department of Public Health, prior to leaving the public reefs or water bottoms where taken or oyster management stations, and all oysters which measure less than three inches in length and all cultch material shall be immediately replaced by scattering and broadcasting upon the public reefs or water bottoms from which they have been taken. It shall be unlawful for any captain or person in charge of any vessel or any canner, packer, commission man, dealer, or other person to purchase, sell, or have in his or her possession or under his or her control any oysters off the public reefs or water bottoms not culled according to this section, or any oysters from the reefs or water bottoms under the legal size. Any excess of over five percent of cultch material and oysters under the size prescribed in this section shall be considered a violation of this section. In order that the conservation enforcement officer may arrive at the percentage of unculled oysters the officer may cause to be culled according to law all or any part of cargo or stock on hand, provided that, if any sack in the cargo or stock on hand is found to contain more than 10 percent of cultch material and oysters under three inches in length, it is a violation of this section and the officer may condemn the cargo and stock on hand and cause the same to be reculled and cause the shells and young oysters to be taken to some place designated by an agent of the Division of Marine Resources.
(b) Any person who violates any of the provisions of this section or any rule promulgated hereunder shall be guilty of a misdemeanor and, upon conviction for his or her first offense, he or she shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). Upon a second conviction thereof, he or she shall be punished by a fine of not less than two hundred dollars ($200) nor more than three hundred dollars ($300). Upon a third conviction within two years of the first conviction, he or she shall be punished by a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500) and by the suspension of his or her commercial oyster license privileges for six months.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §9; Code 1940, T. 8, §131; Acts 1945, No. 307, p. 500, §1; Acts 1953, No. 708, p. 964, §1; Acts 1963, 2nd Ex. Sess., No. 25, p. 192; Act 2010-699, p. 1692, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-34 - Taking of Seed Oysters From Public Reefs; Designation of Seed Oyster Fishing Areas, Etc.

Section 9-12-34
Taking of seed oysters from public reefs; designation of seed oyster fishing areas, etc.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §10; Code 1940, T. 8, §132; Acts 1961, Ex. Sess., No. 105, p. 2026, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-35 - Cultivation, Transplantation, or Replanting of Public Reefs.

Section 9-12-35
Cultivation, transplantation, or replanting of public reefs.
The Director of the Marine Resources Division, or his or her agents, under the direction and control of the Department of Conservation and Natural Resources, may cultivate, transplant, or replant the public reefs of the state or may employ boats, crews, and laborers to cultivate or replant the public reefs of the state and may employ boats, crews, and laborers to dredge the oysters in the Alabama waters from places where they are too thick and shall spread them on reefs where they are too thin, and the Department of Conservation and Natural Resources, in cultivating the reefs, transplanting, and spreading oysters and shells, may expend such sums as it may deem proper.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, §11; Code 1940, T. 8, §133; Act 2010-699, p. 1692, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-36 - Taking of Oysters by Use of Mechanical Devices at Night.

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 State of Alabama by the use of any tongs, dredge, rake or other mechanical device during the hours between sunset and sunrise of each day.
(Acts 1936-37, Ex. Sess., No. 169, p. 192, § 13; Code 1940, T. 8, §134.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-37 - Use of Mechanical Rake Dredges, etc., Dredge License.

Section 9-12-37
Use of mechanical rake dredges, etc., dredge license.
Owners of private oyster reefs, beds, or bottoms and the lessees or designated permittees of such reefs, beds, or bottoms may use any mechanical means at their disposal and at any time between the hours of sunrise and sunset, including the use of mechanical rake dredges, to cultivate and harvest or remove live oysters of any size upon or from such grounds. Such a person shall first obtain a dredge license as provided in Section 9-12-87. The license may be revoked by the Commissioner of Conservation and Natural Resources if any violation of any statute or rule relating to the use of the mechanical devices occurs, and the commissioner may thereafter refuse to issue a new license to the person.
(Acts 1959, No. 632, p. 1538, §1; Act 2010-699, p. 1692, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-38 - 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.

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.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1959, No. 632, p. 1538, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-39 - Purchase of Seed Oysters From Public Reefs by Private Individuals, Etc.

Section 9-12-39
Purchase of seed oysters from public reefs by private individuals, etc.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1959, No. 632, p. 1538, §3; Acts 1961, Ex. Sess., No. 107, p. 2027, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-40 - Supervision of Taking of Oysters by Rake Dredges; Notice of Use of Rake Dredges.

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 the Commissioner of Conservation and Natural Resources, and all rights granted to any person, firm or corporation by the provisions of Sections 9-12-37 through 9-12-41 may be exercised only after written notice shall have been given in each instance to the Division of Marine Resources by the person, firm or corporation desiring to use rake dredges as provided in Sections 9-12-37 through 9-12-41.
(Acts 1959, No. 632, p. 1538, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-41 - Harvesting of Undersized Oysters.

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, firm or corporation be found guilty of harvesting undersize oysters as provided for by regulations governing the harvesting of oysters from public beds, bottoms or reefs on any beds, bottoms or reefs belonging to another individual, firm or corporation or on a public reef, bottom or bed, the conditions and privileges set forth in Section 9-12-39 shall be voided and withdrawn to said individual, firm or corporation and shall not be renewed for a period of one calendar year from the date of the conviction of said individual, firm or corporation or any of its permittees.
(Acts 1959, No. 632, p. 1538, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-42 - Duty to Replant Oysters and Oyster Shells on Public Reefs; Option to Pay Replanting Costs, etc.; Penalties.

Section 9-12-42
Duty to replant oysters and oyster shells on public reefs; option to pay replanting costs, etc.; penalties.
(a) The Marine Resources Division may establish by rule a shell fee to be used for the replanting of oyster cultch material on the public reefs of this state or for otherwise managing the oyster resources of this state. This fee shall be charged on a per sack basis to all seafood dealers who are purchasing oysters directly from the harvester. The fee shall be calculated and paid quarterly. The payment is due no later than one month after the end of the previous quarter.
(b) The division shall establish an Oyster Management Fund and all monies paid to the department pursuant to the shell fee shall be deposited in this fund. The monies in this Oyster Management Fund shall be used by the division to replant cultch material on the public reefs of this state, to cultivate the public reefs of this state, or to otherwise manage the oyster resources of this state.
(c) Should the person, firm, corporation, or association obligated to pay the shell fee fail to remit the fee to the division by the prescribed date, the Department of Conservation and Natural Resources may immediately institute in its name appropriate legal proceedings in any court having jurisdiction thereof to enforce the collection and payment of such amount as may be due as computed by the department, and the seafood dealers license of such person, firm, corporation, or association so in default may be revoked, nor shall any license for any subsequent year or years be issued to the person, firm, corporation, or association as long as the default continues; and, in addition, the person, firm, corporation, or association in default shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).
(Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, §1; Acts 1945, No. 308, p. 501, §1; Acts 1961, Ex. Sess., No. 108, p. 2028, §1; Act 2010-699, p. 1692, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-43 - Taking of Oysters for Replanting on Private Reefs.

Section 9-12-43
Taking of oysters for replanting on private reefs.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, §1; Acts 1945, No. 308, p. 501, §1; Acts 1961, Ex. Sess., No. 108, p. 2028, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-44 - Tax on Oysters Harvested From Private Reefs for Commercial Purposes.

Section 9-12-44
Tax on oysters harvested from private reefs for commercial purposes.
Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010.
(Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, §1; Acts 1945, No. 308, p. 501, §1; Acts 1961, Ex. Sess., No. 108, p. 2028, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-45 - Tax on Terrapins Caught, etc., for Commercial Purposes; Minimum Legal Size; Possession of Undersized Terrapins.

Section 9-12-45
Tax on terrapins caught, etc., for commercial purposes; minimum legal size; possession of undersized terrapins.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, §1; Acts 1945, No. 308, p. 501, §1; Acts 1961, Ex. Sess., No. 108, p. 2028, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-46 - Minimum Weight of Shrimp Taken, etc., for Commercial Purposes; Possession, Sale, etc., of Nonconforming Shrimp.

Section 9-12-46
Minimum weight of shrimp taken, etc., for commercial purposes; possession, sale, etc., of nonconforming shrimp.
(a) The Commissioner of Conservation and Natural Resources shall set by rule areas that are closed for commercial and recreational shrimping subject to the restrictions provided in subsection (b).
(b)(1) All inside waters, as defined by rules adopted by the Commissioner of the Department of Conservation and Natural Resources, shall be closed to all commercial and recreational shrimping from 6:00 a.m., May 1, to 6:00 a.m., June 1 of each year.
(2) The portion of Mobile Bay that lies within the described area from Mayday Park to Great Point Clear, as defined by rule, shall be closed to commercial and recreational shrimping from 6:00 a.m., August 15, until 6:00 a.m. October 1 of each year.
(c) The commissioner may provide for emergency open or closed seasons for the taking of shrimp due to biological, technical, or environmental factors or for the protection of public health and welfare.
(d) Any person, firm, corporation or association who or which violates this section shall be guilty of a Class C misdemeanor, punishable as provided by law.
(e) Nothing in this section shall be construed to apply to shrimp which are used solely as bait.
(Acts 1939, No. 565, p. 891, §1; Code 1940, T. 8, §161; Acts 1947, No. 49, p. 16, §1; Acts 1951, No. 931, p. 1599, §1; Acts 1967, No. 569, p. 1322, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-47 - Condemnation, Disposition, etc., of Shrimp Not Fit for Human Consumption.

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 be eaten by human beings as food; and, upon condemnation by the Director, Marine Resources Division, Department of Conservation and Natural Resources or his assistant of any fresh saltwater shrimp which have deteriorated to the extent that they are not suitable for human consumption, the person, firm, corporation or partnership having such fresh saltwater shrimp so condemned in his possession shall make such disposition thereof as the Director, Marine Resources Division, Department of Conservation and Natural Resources or his assistants may direct.
(Acts 1921, Ex. Sess., No. 12, p. 12, § 8; Code 1923, § 4097; Code 1940, T. 8, § 156.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 12 - Marine Resources. › Article 2 - Seafoods. › Division 1 - General Provisions. › Section 9-12-49 - Importation of Shrimp Into State.

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 are legally taken from the waters of another state; provided, that any such shrimp when permitted by regulation to be imported into this state must be accompanied by satisfactory proof that such shrimp were legally taken within the territorial waters of another state.
(Acts 1953, No. 707, p. 964, § 1.)