(a) The Marine Resources Division may establish by rule a shell fee to be used for the replanting of oyster cultch material on the public reefs of this state or for otherwise managing the oyster resources of this state. This fee shall be charged on a per sack basis to all seafood dealers who are purchasing oysters directly from the harvester. The fee shall be calculated and paid quarterly. The payment is due no later than one month after the end of the previous quarter.
(b) The division shall establish an Oyster Management Fund and all monies paid to the department pursuant to the shell fee shall be deposited in this fund. The monies in this Oyster Management Fund shall be used by the division to replant cultch material on the public reefs of this state, to cultivate the public reefs of this state, or to otherwise manage the oyster resources of this state.
(c) Should the person, firm, corporation, or association obligated to pay the shell fee fail to remit the fee to the division by the prescribed date, the Department of Conservation and Natural Resources may immediately institute in its name appropriate legal proceedings in any court having jurisdiction thereof to enforce the collection and payment of such amount as may be due as computed by the department, and the seafood dealers license of such person, firm, corporation, or association so in default may be revoked, nor shall any license for any subsequent year or years be issued to the person, firm, corporation, or association as long as the default continues; and, in addition, the person, firm, corporation, or association in default shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).
Structure Code of Alabama
Title 9 - Conservation and Natural Resources.
Chapter 12 - Marine Resources.
Division 1 - General Provisions.
Section 9-12-20 - Ownership and Control of Seafoods.
Section 9-12-21 - "Natural Oyster Reef" Defined.
Section 9-12-22 - Right of Owners of Land Fronting Public Waters to Plant and Gather Oysters.
Section 9-12-23 - Cancellation of Leases of Riparian Bottoms; Appeals.
Section 9-12-26 - Dragging of Seines Over Public Reefs or Private Oyster Grounds.
Section 9-12-28 - Oysters Management Stations; Harvest Records.
Section 9-12-29 - Patrol Boats.
Section 9-12-30 - Patrolling of Private Oyster Reefs.
Section 9-12-33 - Culling and Sacking of Oysters.
Section 9-12-35 - Cultivation, Transplantation, or Replanting of Public Reefs.
Section 9-12-36 - Taking of Oysters by Use of Mechanical Devices at Night.
Section 9-12-37 - Use of Mechanical Rake Dredges, etc., Dredge License.
Section 9-12-39 - Purchase of Seed Oysters From Public Reefs by Private Individuals, Etc.
Section 9-12-40 - Supervision of Taking of Oysters by Rake Dredges; Notice of Use of Rake Dredges.
Section 9-12-41 - Harvesting of Undersized Oysters.
Section 9-12-43 - Taking of Oysters for Replanting on Private Reefs.
Section 9-12-44 - Tax on Oysters Harvested From Private Reefs for Commercial Purposes.
Section 9-12-47 - Condemnation, Disposition, etc., of Shrimp Not Fit for Human Consumption.
Section 9-12-49 - Importation of Shrimp Into State.
Section 9-12-50 - Regulation of Transportation of Raw Oysters and Shrimp Beyond Boundaries of State.
Section 9-12-51 - Tax on Shrimp Taken for Canning, Drying or Shipping Within State.
Section 9-12-52 - Tax on Shrimp Taken for Transportation to Other States.
Section 9-12-53 - Tax on Shrimp Not to Be Exported.
Section 9-12-54 - Payment of Taxes.
Section 9-12-54.1 - Live Saltwater Bait Dealers License.
Section 9-12-54.2 - Expiration Date and Purchase of License; Nonresident License Fee.
Section 9-12-54.3 - Duties of Licensees.
Section 9-12-54.4 - Catching, etc., of Bait; Restrictions.
Section 9-12-54.5 - Catching, Etc. of Shrimp by Persons With Recreational Boat Shrimping License.
Section 9-12-54.6 - Exclusive Saltwater Bait Areas.
Section 9-12-54.7 - Penalty for Violations.
Section 9-12-61 - Taking, Sale, etc., of Oysters Under Three Inches Long.
Section 9-12-62 - Mutilation, etc., of Buoys or Markers.
Section 9-12-63 - Use of Unlicensed Boats, etc., to Take, etc., Oysters or Shrimp.