Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-3 - MARINE RESOURCES DIVISION › Section 220-3-.12 - Red Drum and Spotted Sea Trout Game Fish Regulation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Red Drum and Spotted Sea Trout.
(a) No person may possess or transport for
			 the purpose of sale a red drum or spotted sea trout.
(b) No person may sell or offer for sale a
			 red drum or spotted sea trout.
(c)
			 No person may purchase or offer to purchase for resale a red drum or spotted
			 sea trout.
(d) A person who
			 violates paragraph (1) is guilty of a misdemeanor. Each fish possessed, sold,
			 offered for sale, purchased, or attempted to be purchased in violation of
			 paragraph (1) is a separate offense.
(e) In this Regulation:
1. "Red drum" means sciaenops ocellata and
			 includes all parts of that fish.
2.
			 "Spotted sea trout" means cynoscion nebulosus and includes all parts of that
			 fish.
(f) Paragraph (1)
			 applies to the possession, transportation, sale, and purchase of red drum or
			 spotted sea trout without regard to where the fish was caught, but does not
			 apply to:
1. The transportation and possession
			 of red drum or spotted sea trout lawfully caught outside this state and
			 transported by common carrier from outside this state to a point of delivery
			 outside this state;
2. Red drum or
			 spotted sea trout that are raised by a licensed fish farmer in a private pond,
			 within the state of Alabama, and are marked or identified as provided by rules
			 of the Department; or
3. the
			 importation into this state from another state or country of lawfully taken,
			 caught or raised red drum or spotted sea trout, transported or sold, if tagged,
			 packaged, or labeled under applicable regulations of the Department of
			 Conservation and Natural Resources.
(g) Any person possessing for final sale to
			 the consumer red drum or spotted sea trout in violation of paragraph (1) shall
			 be guilty of a misdemeanor.
(h) Any
			 person may sell or purchase for use as food, at any season of the year, any
			 imported red drum or spotted sea trout tagged, packaged, or marked for
			 identification as provided for by any applicable regulation of the Department
			 of Conservation and Natural Resources.
(i) Possession of more than two times the
			 possession limits of red drum or spotted sea trout, as provided by other
			 regulations of the Department, is prima facie evidence that the fish are
			 possessed for sale in violation of subparagraph (a) of paragraph (1).
1. A person who claims to possess a red drum
			 or spotted sea trout under an exemption provided by subparagraph (f) of
			 paragraph (1) commits an offense if:
(i) the
			 person fails to keep with the fish any document, including a tag, invoice, or
			 bill of lading, that is required by a regulation of the Department for the
			 purpose of the identification of the place of origin or the exempt status of
			 the red drum or spotted sea trout; or
(ii) the person fails, on the request of a
			 conservation enforcement officer, to present to the officer without delay a
			 document, including a tag, invoice, or bill of lading, that is required by a
			 regulation of the Department for the purpose of the identification of the place
			 of origin or exempt status of the red drum or spotted sea trout.
2. No person who is using a trawl,
			 net, or seine for commercial or recreational purposes may retain a red drum or
			 spotted sea trout caught in the trawl, net, or seine. The fish shall be
			 immediately returned to the waters from where they came with the least possible
			 injury to the fish.