Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-3 - MARINE RESOURCES DIVISION › Section 220-3-.25 - Commercial Taking and Landing of Gulf Reef Fish Species

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To the extent provided herein, effective
			 immediately, Alabama waters shall be open to the commercial taking of a Gulf
			 Reef Fish species during such period of time that the federal waters (adjoining
			 Alabama waters) are opened to the commercial harvest of that Gulf Reef Fish
			 species, Commercial fisherman landing Gulf Reef Fish in Alabama shall have in
			 their possession a valid Alabama Commercial Hook and line License. Commercial
			 vessels which hold a valid federal commercial vessel permit for Gulf reef fish
			 and a valid individual fishing quota allocation, if required for that species,
			 may land in Alabama Gulf Reef Fish, taken from Alabama waters, provided such
			 commercial fishermen are validly licensed under Alabama law to take such fish
			 from Alabama waters. Alabama waters shall otherwise be closed to the commercial
			 taking of Gulf Reef Fish.
(2) An
			 authorized dealer shall be defined as a dealer licensed under
Code
			 of Ala. 1975
, §
								9-12-125 and that has a federal
			 permit and/or endorsement for the National Marine Fisheries Service to purchase
			 those reef fishes managed under an individual fishing quota. Only authorized
			 dealers shall purchase those reef fishes managed under an individual fishing
			 quota. It shall be illegal for a commercial fisherman to sell those reef fishes
			 managed under an individual fishing quota to anyone except an authorized
			 dealer. The operator of those vessels permitted hereunder to land Gulf Reef
			 Fish, shall be required to present to any authorized seafood dealer or other
			 legally authorized person purchasing same, their federal vessel permit and
			 license; and said purchaser shall examine the said vessel permit and license
			 before purchasing any Gulf Reef Fish, and said dealer or purchaser is
			 prohibited (a) from purchasing Gulf Reef Fish from any person who does not
			 present a federal vessel permit and license, (b) from purchasing any Gulf Reef
			 Fish in amounts exceeding their individual fishing quota allocation, and (c)
			 required to maintain harvest records by name of vessel, date, permit number,
			 and pounds per trip of Gulf Reef Fish purchased from said person(s). Such
			 records must be retained for at least one year after receipt date and must be
			 available for inspection immediately upon the request of a conservation
			 enforcement officer or other authorized agent(s).
(3) Commercial fisherman landing Gulf Reef
			 Fish in Alabama that are managed under an individual fishing quota shall abide
			 the provisions of 50 CFR Part 622 for the landing, offloading, transporting and
			 reporting of Gulf Reef Fish.
(4)
			 During such period of time that the federal waters (adjoining Alabama waters)
			 are closed to the commercial harvest of a Gulf Reef Fish species, the
			 commercial harvest of that Gulf Reef Fish species shall also be closed in
			 Alabama waters.
(5) Gulf Reef Fish
			 shall be defined as the fish listed in Rule
			 220-3-.46.
(6) Anglers fishing for, retaining,
			 possessing, or landing gulf reef fish species (as defined in Rule
			 220-3-.46) must use non-stainless
			 steel circle hooks when using natural bait.
Author:
Christopher M. Blankenship
Statutory Authority:
Code of Ala.
				  1975
, §§
										9-2-4,
				  9-2-7,
				  9-2-8,
				  9-2-12.
PENALTY:
As provided by
				  law.