(a) It shall be unlawful for any person to take, catch, stun, or kill or attempt to take, catch, stun, or kill any game or nongame fish by any means other than those which are expressly allowed by law or regulation of the Department of Conservation and Natural Resources in any of the public waters of this state.
(b) Any person who uses any electrical device or any other device or instrument capable of taking, catching, stunning, or killing game or nongame fish, which is not expressly allowed by law or regulation of the Department of Conservation and Natural Resources shall be in violation of this section, and the violation shall be punishable by a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000). Any person convicted the second time of violating this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000). The court, for any conviction, may also impose a jail sentence of not longer than six months.
(c) The possession of any electrical device or any other device or instrument, on the bank of a public stream or other public body of water or in a boat on such water which is capable of taking, catching, stunning, or killing fish and which device or instrument is not expressly allowed by law or regulation of the Department of Conservation and Natural Resources shall be prima facie evidence that the device or instrument is being used illegally for the purpose of taking, catching, stunning, or killing or attempting to take, catch, stun, or kill game or nongame fish.
Structure Code of Alabama
Title 9 - Conservation and Natural Resources.
Chapter 11 - Fish, Game and Wildlife.
Section 9-11-80 - Public and Private Waters Defined.
Section 9-11-81 - Title to Freshwater Fish Vested in State.
Section 9-11-82 - Game Fish Designated.
Section 9-11-83 - Commercial or Nongame Fish Designated.
Section 9-11-84 - Sale, Transportation, etc., of Game Fish Taken From Public or Private Waters.
Section 9-11-86 - Limitation on Transportation, etc., of Game Fish Beyond Boundaries of State.
Section 9-11-87 - Means of Catching Game Fish Generally.
Section 9-11-88 - Catching Game or Nongame Fish by Use of Gill, Trammel, etc., Nets.
Section 9-11-89 - Use of Game Fish for Bait - Generally.
Section 9-11-90 - Use of Game Fish for Bait - Use of Sunfish.
Section 9-11-91 - Catching, etc., of Fish in Private Ponds, Lakes, Pools, or Reservoirs.
Section 9-11-91.1 - Unauthorized Fishing From or Near Fish Farm.
Section 9-11-92 - Preventing Passage of Fish Up Rivers or Creeks.
Section 9-11-93 - Catching, Killing, etc., of Fish by Use of Poisons or Explosives.
Section 9-11-94 - Catching, Killing, etc., of Game or Nongame Fish by Means Not Expressly Allowed.
Section 9-11-94.1 - Purchase of Tags Required for Each Tarpon Taken, Killed, or Harvested.