Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-3 - MARINE RESOURCES DIVISION › Section 220-3-.03 - Use Of Nets And Harvest Of Mullet

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person possessing, transporting, or
			 using any seine, gill net, trammel net, or other entangling net more than 300
			 feet in length as measured along the cork line or main top line, or possessing,
			 transporting, or using for commercial purposes a seine, gill net, trammel net,
			 or other entangling net 300 feet or less as measured along the cork line or
			 main top line, on or in the waters of Alabama under the jurisdiction of the
			 Marine Resources Division as provided by Rule
			 220-2-.42, shall be validly
			 licensed or permitted under
Code of Ala. 1975
, §
								9-12-113 and shall have such
			 license or permit in possession. Except that any person possessing a valid
			 Federal Fisheries Permit that allows the use of a seine, gill net, trammel net
			 or other entangling net in federal waters may transport such net on board a
			 boat without an Alabama commercial gill net license in the following waters of
			 the State of Alabama: in a marked navigational channel, due south of the
			 charted position of Bayou La Batre Channel Marker "5", in the Gulf of Mexico
			 due south of Perdido Pass, and for vessels leaving from Billy Goat Hole on
			 Dauphin Island or Fort Morgan Ramp, lower Mobile Bay. All vessels using this
			 Lower Mobile Bay transport exception shall proceed as directly, continuously
			 and expeditiously as possible to or from the Mobile Ship Channel. All vessels
			 using any transport exception shall proceed as directly, continuously and
			 expeditiously as possible to or from Federal waters.
Provided further, any person possessing, transporting, or using
				for recreational purposes a gill net 300 feet or less as measured along the
				cork line or main top line, on or in the waters of Alabama under the
				jurisdiction of the Marine Resources Division as provided by Rule
				220-2-.42 shall be validly
				licensed under
Code of Ala. 1975
, §
									9-12-123 and shall have such
				license in possession.
(2)
Roe mullet permit requirements
: Any person possessing,
			 using, or attempting to use, any commercial gill net, trammel net, or other
			 entangling net with a mesh size of two (2) inches knot to knot or larger but
			 less than three (3) inches knot to knot to take or attempt to take any fish
			 during the period of October 24 through December 31 of each year in the waters
			 of Alabama must have a roe mullet permit as provided by
Code of
			 Ala. 1975
, §
								9-12-113; provided further, during
			 the period of October 24 through December 31 that any person in possession of
			 mullet while possessing, using, or attempting to use any commercial gill net,
			 trammel net, or other entangling net is also required to have said roe mullet
			 permit.
(3)
Spanish
			 mackerel permit requirements
: Any person possessing, using, or
			 attempting to use, any commercial seine, gill net, trammel net, or other
			 entangling net in the waters of Alabama, including the territorial waters in
			 the Gulf of Mexico, who possesses any Spanish mackerel must have a Spanish
			 mackerel permit as provided by
Code of Ala. 1975
,
			 §
								9-12-113. Except that any person
			 possessing a valid Federal Fisheries Permit that allows the use of a seine,
			 gill net, trammel net or other entangling net in federal waters may transport
			 such net on board a boat and possess Spanish Mackerel without an Alabama
			 commercial gill net Spanish mackerel permit in the following waters of the
			 State of Alabama: in a marked navigational channel, due_south of the charted
			 position of Bayou La Batre Channel Marker "5", in the Gulf of Mexico due south
			 of Perdido Pass, and for vessels leaving from Billy Goat Hole on Dauphin Island
			 or Fort Morgan Ramp, lower Mobile Bay. All vessels using this Lower Mobile Bay
			 transport exception shall proceed as directly, continuously and expeditiously
			 as possible to or from the Mobile Ship Channel. All vessels using any transport
			 exception shall proceed as directly, continuously and expeditiously as possible
			 to or from Federal waters.
(4)
Display of placard
: The placard issued by the
			 Department of Conservation and Natural Resources as provided for in
Code of Ala. 1975
, §
								9-12-113(d), shall
			 be visibly displayed on the permittee's designated vessel in a location on the
			 port side of the vessel between the bow and amidship. It shall be unlawful to
			 display an invalid gill net placard on a vessel.
(5)
(a)
General minimum mesh size for "inside waters" for fish other than
			 menhaden
: Except as otherwise provided in paragraph (5)(c), it
			 shall be unlawful to use or attempt to use any gill net, trammel net or other
			 entangling net to take or attempt to take fish other than menhaden from the
			 "inside waters" under the jurisdiction of the Marine Resources Division as
			 provided by Rule
			 220-2-.42 and as defined by Rule
			 220-3-.04(l) the
			 mesh of which is smaller than one and one-half (1-1/2) inches knot to
			 knot.
(b)
Minimum mesh
			 size for menhaden
: The mesh size for commercial gill nets, trammel
			 nets, or other entangling nets used for the taking of menhaden shall be one and
			 one quarter (1-1/4) inches knot to knot or larger provided that not more than 5
			 percent bycatch of other species by number (excluding game fish) may be in
			 possession.
(c)
Special
			 October 24 - December 31 mesh size provisions
: From October 24
			 through December 31 of each year a mesh size of tow (2) inches knot to knot or
			 larger shall be required for commercial gill, trammel, or other entangling nets
			 used to take or attempt to take fish other than menhaden in the waters under
			 the jurisdiction of the Marine Resources Division as provided by Rule
			 220-2-.42, except that a mesh
			 size of one and one-half (1-1/2) inches knot to knot or larger, but less than
			 tow(2) inches knot to knot, may be used for the taking of fishes other than
			 mullet. Possession of mullet and a gill net with less than a minimum mesh size
			 of two (2) inches knot to knot on board a boat in the waters of Alabama from
			 October 24 through December 31 shall be prohibited.