Alabama Administrative Code › Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES › Chapter 220-3 - MARINE RESOURCES DIVISION › Section 220-3-.35 - Seafood Reporting And Landing Regulation

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Section
			 9-12-115,
Code of Ala.
			 1975
, as amended by Section 4 of Act No. 95-287 (Regular Session,
			 1995), requires that 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, on blanks provided for that
			 purpose by the Director. Such reports are required by the above cited act to be
			 in the hands of the Director by the tenth of each month for the preceding
			 month. Pursuant to Section
			 9-12-115, seafood dealers are
			 hereby required to complete Alabama trip tickets provided by the Director of
			 the Marine Resources Division in order to comply with gulf-wide trip tickets.
			 The provisions of this paragraph (a) are adopted pursuant to the authority of
			 Section 9-12-115,
Code of Ala.
			 1975
.
(b) In addition,
			 as a requirement of this regulation, seafood dealers shall report, on said
			 monthly reports, the fisherman's name and valid license or permit number and
			 shall also show in detail on the dealer portion of the form weight according to
			 any other applicable standard, dealer license number, port and county product
			 was landed, date of purchase, unit price paid to fisherman, condition of
			 product and count or market grade of purchased seafood product during the
			 preceding month. The fisherman is required to provide to the dealer complete
			 and accurate information necessary for the completion of the fisherman portion
			 by the dealer on said forms, as a requirement of this regulation; including,
			 but not limited to, any other information regarding finfish, as well as any
			 information regarding commercially harvested seafoods (as defined by §
								9-2-80,
Code of Ala.
			 1975
) other than saltwater finfish taken from Alabama waters
			 (including, but not limited to, oysters, crabs, shrimp, other marine
			 invertebrates and live rock), such as date and area of harvest, trip and
			 fishing time, proper vessel identification, type, quantity, and size of gear
			 used, and applicable mesh size (if any) of gear used. Both the seafood dealer
			 and the fisherman are required to verify the accuracy of the said reports by
			 signing and/or initialing each report or signing and/or initialing approved
			 dock ticket/invoice in conjunction with Alabama's electronic trip ticket
			 program as directed by the Director of the Marine Resources Division. The
			 seafood dealer shall make available a signed copy of the said report for the
			 fisherman within seventy-two hours upon the completion of each transaction. In
			 addition, within seventy-two hours of each transaction seafood dealers shall
			 provide said reports that are signed and/or initialed or approved dock
			 ticket/invoice signed and/or initialed by seafood dealer and fisherman
			 immediately upon the request of a conservation enforcement officer or other
			 authorized agent. A transaction is defined as the time in which a seafood
			 dealer takes possession of said products. The copy of each completed report
			 shall be retained by the dealer at the place of business for a minimum of
			 ninety days following submission. The information required by this paragraph
			 shall be submitted to the Director of the Marine Resources Division by the
			 tenth of each month for the preceding month.
(1) Persons, firms, or corporations,
			 including restaurants, purchasing seafoods (as defined by §
									9-2-80,
Code of Ala.
			 1975
) for commercial purposes from a resident or nonresident
			 seafood dealer shall maintain the bill of sale or other proof of purchase which
			 shall show the dealer's name and address, species, pounds of each species
			 purchased, and date of purchase. Such record(s) shall be retained by the dealer
			 at the place of business for a minimum of ninety days after the product is no
			 longer in possession.
The provisions of this paragraph (b) and subparagraph (b) (1)
				are adopted pursuant to the authority of Section
				9-2-4,
Code of Ala.
				1975
, and violations of which are punishable as provided by
				Section 9-1-4,
Code of Ala.
				1975
.