Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 1 - General Provisions.
Section 9-12-1 - Persons Considered Residents of State; Burden of Proof as to Residence. - Except as otherwise provided in this chapter, no person shall...
Section 9-12-2 - Summoning Into Service of Posse Comitatus, Boats, etc.; Penalty for Resistance. - Repealed by Act 2015-70 effective April 21, 2015.
Section 9-12-3 - Captains of Licensed Vessels, etc., to Assist Inspectors in Making Arrests; Failure or Refusal to Aid Inspector Upon Request. - It shall be the duty of every captain of every...
Section 9-12-4 - Proceedings as to Violations of Chapter - Jurisdiction. - (a) Except as provided in subsection (b), jurisdiction of an...
Section 9-12-5 - Proceedings as to Violations of Chapter - Hearing; Imposition of Fine and Condemnation and Sale of Boat, etc., Upon Conviction; Discharge of Accused and Release of Boat, Etc. - If upon the hearing the offense is established, the judge...
Section 9-12-6 - Proceedings as to Violations of Chapter - Proceedings Conducted in Name of State; Appeals From Fines and Condemnations; Costs and Fees Where Judgment Affirmed. - The proceedings before the district court must be carried on...
Section 9-12-7 - Proceedings as to Violations of Chapter - Bonds for Stay of Sale of Condemned Boats, etc., Pending Appeal. - The sale of the boat or vessel is not stayed...
Section 9-12-8 - Proceedings as to Violations of Chapter - Procedure for Sale of Condemned Boats, etc.; Disposition of Proceeds. - If the judgment is not stayed by the execution of...
Section 9-12-9 - Endorsement or Stamp Required to Harvest Specific Species and Species Groups of Marine Resources; Fees. - (a) The Commissioner of the Department of Conservation and Natural...
Article 2 - Seafoods.
Division 1 - General Provisions.
Section 9-12-20 - Ownership and Control of Seafoods. - All seafoods existing or living in the waters of Alabama...
Section 9-12-21 - "Natural Oyster Reef" Defined. - A natural oyster reef is declared and defined as not...
Section 9-12-22 - Right of Owners of Land Fronting Public Waters to Plant and Gather Oysters. - All the beds and bottoms of the rivers, bayous, lagoons,...
Section 9-12-23 - Cancellation of Leases of Riparian Bottoms; Appeals. - Should any privately leased riparian bottoms be subsequently determined to...
Section 9-12-24 - Authority and Procedure for Leasing of Bottoms in Natural Oyster Reefs; Cancellation and Forfeiture of Leases; Disposition of Proceeds From Leases. - In addition to the powers heretofore enumerated, the Commissioner of...
Section 9-12-25 - Removal of Oysters by Lessees Upon Forfeiture of Lease; Regulations for Protection of Rights of Lessees. - Upon forfeiture of a lease, the lessee may, in the...
Section 9-12-26 - Dragging of Seines Over Public Reefs or Private Oyster Grounds. - It shall be unlawful to drag any seines over the...
Section 9-12-27 - Standard Measures for Oysters and Shrimp; Possession, Use for Purchase or Sale, etc., of Nonstandard Measures for Oysters or Shrimp; Inspections. - (a) A standard measure for oysters is established which shall...
Section 9-12-28 - Oysters Management Stations; Harvest Records. - The Commissioner of Conservation and Natural Resources may establish by...
Section 9-12-29 - Patrol Boats. - The Department of Conservation and Natural Resources shall provide the...
Section 9-12-30 - Patrolling of Private Oyster Reefs. - The Director, Marine Resources Division, Department of Conservation and Natural...
Section 9-12-31 - Boarding of Boats, etc., and Entrance Into Places of Business to Investigate Compliance With Laws. - The Department of Conservation and Natural Resources or its duly...
Section 9-12-32 - Surveys and Marking of Private Reefs; Filing of Plats and Lists of Agents and Permittees; Agents and Permittees to Carry Permits. - It shall be the duty of each owner or lessee...
Section 9-12-33 - Culling and Sacking of Oysters. - (a) All oysters taken from the public reefs of this...
Section 9-12-34 - Taking of Seed Oysters From Public Reefs; Designation of Seed Oyster Fishing Areas, Etc. - Repealed by Act 2010-699, p. 1692, §2, effective July 1,...
Section 9-12-35 - Cultivation, Transplantation, or Replanting of Public Reefs. - The Director of the Marine Resources Division, or his or...
Section 9-12-36 - Taking of Oysters by Use of Mechanical Devices at Night. - It shall be unlawful for any person, firm or corporation...
Section 9-12-37 - Use of Mechanical Rake Dredges, etc., Dredge License. - Owners of private oyster reefs, beds, or bottoms and the...
Section 9-12-38 - Laws and Regulations Governing Operators of Private Reefs Utilizing Seed Oysters From Public Reefs; Notice of Location and Disposition of Seed Oysters on Private Reefs. - Repealed by Act 2010-699, p. 1692, §2, effective July 1,...
Section 9-12-39 - Purchase of Seed Oysters From Public Reefs by Private Individuals, Etc. - Repealed by Act 2010-699, p. 1692, §2, effective July 1,...
Section 9-12-40 - Supervision of Taking of Oysters by Rake Dredges; Notice of Use of Rake Dredges. - The taking of live oysters by means of rake dredges...
Section 9-12-41 - Harvesting of Undersized Oysters. - Should the private individual, firm or corporation operating under the...
Section 9-12-42 - Duty to Replant Oysters and Oyster Shells on Public Reefs; Option to Pay Replanting Costs, etc.; Penalties. - (a) The Marine Resources Division may establish by rule a...
Section 9-12-43 - Taking of Oysters for Replanting on Private Reefs. - Repealed by Act 2010-699, p. 1692, §2, effective July 1,...
Section 9-12-44 - Tax on Oysters Harvested From Private Reefs for Commercial Purposes. - Repealed by Act 2010-699, p. 1692, §2, effective July 1,...
Section 9-12-45 - Tax on Terrapins Caught, etc., for Commercial Purposes; Minimum Legal Size; Possession of Undersized Terrapins. - Repealed by Act 2015-70 effective April 21, 2015.
Section 9-12-46 - Minimum Weight of Shrimp Taken, etc., for Commercial Purposes; Possession, Sale, etc., of Nonconforming Shrimp. - (a) The Commissioner of Conservation and Natural Resources shall set...
Section 9-12-47 - Condemnation, Disposition, etc., of Shrimp Not Fit for Human Consumption. - No person shall purchase, sell, can, ship or otherwise transport...
Section 9-12-49 - Importation of Shrimp Into State. - The Commissioner of Conservation and Natural Resources, by regulation, may...
Section 9-12-50 - Regulation of Transportation of Raw Oysters and Shrimp Beyond Boundaries of State. - The Department of Conservation and Natural Resources shall have the...
Section 9-12-51 - Tax on Shrimp Taken for Canning, Drying or Shipping Within State. - It shall be unlawful to catch or market saltwater shrimp...
Section 9-12-52 - Tax on Shrimp Taken for Transportation to Other States. - Before any shrimp which have been taken or caught in...
Section 9-12-53 - Tax on Shrimp Not to Be Exported. - A tax of $.12 a barrel shall be paid at...
Section 9-12-54 - Payment of Taxes. - All taxes mentioned in this article shall be paid by...
Section 9-12-54.1 - Live Saltwater Bait Dealers License. - Before any person, firm, or corporation engages in the taking,...
Section 9-12-54.2 - Expiration Date and Purchase of License; Nonresident License Fee. - All licenses required herein shall expire on the 30th day...
Section 9-12-54.3 - Duties of Licensees. - Each live saltwater bait licensee shall furnish the Marine Resources...
Section 9-12-54.4 - Catching, etc., of Bait; Restrictions. - Licensed live saltwater bait catcher boats may, except as otherwise...
Section 9-12-54.5 - Catching, Etc. of Shrimp by Persons With Recreational Boat Shrimping License. - Persons with a recreational boat shrimping license may use a...
Section 9-12-54.6 - Exclusive Saltwater Bait Areas. - All rivers, bayous, and creeks of the state are permanently...
Section 9-12-54.7 - Penalty for Violations. - Violation of any of the provisions of Sections 9-12-54.1 through...
Section 9-12-61 - Taking, Sale, etc., of Oysters Under Three Inches Long. - It shall be unlawful for any person, firm, corporation or...
Section 9-12-62 - Mutilation, etc., of Buoys or Markers. - It shall be unlawful for any person, firm, corporation or...
Section 9-12-63 - Use of Unlicensed Boats, etc., to Take, etc., Oysters or Shrimp. - It shall be unlawful for any person, firm, corporation or...
Section 9-12-64 - Sale, Purchase, etc., of Shrimp or Oysters Taken by Unlicensed Tongers, Boats, Etc. - It shall be unlawful for any person, firm, corporation or...
Section 9-12-65 - Sale, etc., of Shrimp or Oysters to Persons, etc., Failing to Comply With Provisions of Article. - It shall be unlawful for any person to sell, barter,...
Section 9-12-66 - Collection of Fees, Taxes, Penalties, etc., Under Article, etc.; Prosecutions for Violations of Laws as to Taking, Canning or Shipment of Oysters. - The district attorney of any county bordering on salt or...
Section 9-12-67 - Sacking and Tagging Oysters; Penalties. - (a) All oysters taken from public oyster bottoms of the...
Division 2 - Licenses Generally.
Section 9-12-80 - License Fees for Nonresidents. - Those who are not bona fide residents of the State...
Section 9-12-82 - License Required for Taking of Oysters for Commercial Purposes; Penalty; Aquaculture License; Disposition of Funds. - (a) Before any person engages in the taking or catching...
Section 9-12-83 - License Required for Taking of Oysters for Commercial Purposes; Penalty; Disposition of Proceeds From Sale of Licenses - Disposition of Proceeds From Sale. - All moneys accruing from the sale of such licenses shall...
Section 9-12-85 - Affidavits of Applicants for Licenses for Boats or Vessels. - When application is made for a license for any boat...
Section 9-12-87 - License for Dredge. - Every dredge authorized to be used in catching or removing...
Section 9-12-93 - License for Boat Used for Taking or Carrying Shrimp. - It shall be unlawful for any person to use any...
Section 9-12-94 - Persons Taking Oysters or Shrimp to Have Licenses in Possession. - All persons to whom a license is issued to catch...
Section 9-12-95 - Commercial Party Boat License; Fee; Requirements; Expiration; Penalty. - (a) Any person, firm, or corporation who engages in the...
Division 3 - Additional Regulations.
Section 9-12-110 - Size of Mesh of Seines, Nets or Trawls Used for Taking of Saltwater Fish, Baits, Etc. - It shall be unlawful to have in possession or use...
Section 9-12-111 - Lengths or Widths of Seines, Nets, and Trawls. - It shall be unlawful for any person, firm or corporation...
Section 9-12-112 - Garfish Taken to Be Killed Before Returning to Waters. - Repealed by Act 2015-70 effective April 21, 2015.
Section 9-12-113 - Licenses or Permits for Commercial Fishing; Net or Seine Permits. - (a) Each license or permit issued by the Commissioner of...
Section 9-12-113.1 - Selling, Buying, Trading, or Bartering Certain Saltwater Game Fish Prohibited. - No person shall do, or attempt to do, any of...
Section 9-12-115 - Reports of Seafood Dealers. - Each and every person, firm, or corporation holding a seafood...
Section 9-12-115.1 - Landing and Reporting Requirements for Certain Saltwater Finfish and Other Seafood Products. - All saltwater finfish commercially harvested in the State of Alabama,...
Section 9-12-116 - Refusal to Open Place of Business or Boat for Inspection; Agreement, Conspiracy, etc., to Evade Provisions of Article, Etc. - It shall be unlawful for any packer, commissionman, dealer, shipper...
Section 9-12-117 - Possession, Operation or Use of Illegal Tackle, Illegal Fishing Devices or Unlicensed Boats or Vessels. - Possession or operation of any illegal tackle or any illegal...
Section 9-12-118 - Issuance of Licenses - Persons Authorized; Record. - The judge of probate, the commissioner of licenses or such...
Section 9-12-119 - Issuance of Licenses - Fees of Issuing Authorities. - Judges of probate and other persons authorized and designated to...
Section 9-12-120 - Disposition of Proceeds From Sale of Licenses and Fees. - The proceeds from the sale of all licenses and all...
Section 9-12-121 - Violations. - Unless otherwise provided specifically in this article, a violation of...
Section 9-12-122 - Penalty for Commercial Shrimp Trawling in Waters Closed to Commercial Shrimping by Law or Regulation; Confiscation and Forfeiture of Trawls. - (a) It shall be unlawful for any person, firm or...
Section 9-12-123 - License for Use of Gill Net. - A recreational gill net license may be issued to anyone...
Section 9-12-123.1 - Hardship Gill Net Licenses; Renewal and Transfer. - (a) The Department of Conservation and Natural Resources shall immediately...
Section 9-12-124 - "Crab Catcher" License for Use of More Than Five Crab Traps; Rules and Regulations. - (a) Any person taking crabs for commercial purposes or using...
Section 9-12-125 - Licenses for Selling, Brokering, Processing, etc., Fresh or Frozen Seafood. - Any person, firm, or corporation who engages in the selling,...
Section 9-12-126 - Inspection of Oyster Beds; Closure Order; Relay of Oysters From Closed Areas; Promulgation of Rules; Penalty; Enforcement. - (a) The State Board of Health is authorized to inspect...
Article 3 - Establishment of Artificial Fishing Reefs in Offshore Waters.
Section 9-12-140 - Sale or Barter of Salvageable Parts of Liberty Ships Provided for Establishment of Artificial Fishing Reefs - Authorized; Disposition of Proceeds. - The Department of Conservation and Natural Resources, Division of Marine...
Section 9-12-141 - Sale or Barter of Salvageable Parts of Liberty Ships Provided for Establishment of Artificial Fishing Reefs - Form and Approval of Transactions; Informal Solicitation of Bids. - All sale or barter transactions that may be consummated for...
Section 9-12-142 - Fishing Reef Ship Commission. - REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE...
Article 3A - Artifcial Reef Construction Regulated.
Section 9-12-150 - Artificial Reef Construction Permit; Transportation, Inspection, etc., of Reef Materials; Bond; Penalties. - (a) Before any person, firm, corporation, or association constructs or...
Article 4 - Reciprocal Agreements as to Commercial Seafood Fishing.
Section 9-12-160 - Authorized. - The Commissioner of Conservation and Natural Resources shall have authority...
Section 9-12-161 - License Fees of Nonresidents. - Upon the entering of such reciprocal agreement, the license fees...
Section 9-12-162 - Rights and Privileges Granted to Be Exercised in Accordance With Alabama Laws, Etc. - The fishing rights and privileges which may be granted by...
Article 5 - Gulf States Marine Fisheries Compact.
Section 9-12-180 - Authorized; Form. - The Governor of this state is hereby authorized and directed...
Section 9-12-181 - Representatives to Gulf States Marine Fisheries Commission. - In pursuance of Article III of said compact there shall...
Section 9-12-182 - Powers Granted Commission by Article Supplemental. - Any powers granted in this article to the commission shall...
Section 9-12-183 - Payment of Expenses Incident to Membership in Commission. - All necessary expenses incident to the membership of the State...
Section 9-12-184 - Annual Appropriation for Operating Expenses of Commission. - There is hereby appropriated annually out of the Seafood Fund...
Article 6 - Commercial Alligator Operations.
Section 9-12-200 - Definitions. - For the purposes of this article, the following terms shall...
Section 9-12-201 - Who May Engage in Business of Propagating Alligators. - Any person, firm, or corporation may engage in the business...
Section 9-12-202 - License; Fee. - Whoever desires to engage in the business of raising, exhibiting,...
Section 9-12-203 - Expiration and Renewal of License; Fee. - Alligator farmer licenses shall expire on the thirtieth day of...
Section 9-12-204 - Marketing or Taking of Alligators; Rules and Regulations; Tagging; Affidavit; Transportation of Carcass. - Alligators raised on such licensed breeding farms may be sold...
Section 9-12-205 - Property Rights. - Whoever under the authority of this article has in his...
Section 9-12-206 - Alligator Parts Dealer License; Retail and Restaurant License; Fees. - (a) Each alligator parts dealer shall secure an alligator parts...
Section 9-12-207 - Alligator Parts Transaction Forms; Bills of Sale; Inspection; Records. - (a) Any licensed alligator farmer may sell alligator carcasses or...
Section 9-12-208 - Alligator Parts Tag. - Each alligator farmer shall tag with an official alligator parts...
Section 9-12-209 - Shipment of Alligator Skins; Tags. - All raw alligator skins shipped within this state shall be...
Section 9-12-210 - Severance Tax on Alligator Skins; Penalty. - There is hereby levied a severance tax on each alligator...
Section 9-12-211 - Taking or Possession of Alligators, Eggs, Parts or Skins Prohibited Except as Provided; Applicability of Section; Penalty. - No person shall take or possess the eggs of alligators,...
Section 9-12-212 - Disbursement of License Fees and Taxes. - All license fees and taxes resulting from the provisions of...
Section 9-12-213 - Effect of Federal Endangered Species Status. - Notwithstanding anything herein to the contrary, in the event the...
Section 9-12-214 - Violations; Forfeiture of Property and License; Eligibility for New License. - Any person licensed as an alligator farmer under Section 9-12-202...
Article 7 - Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief.
Section 9-12-230 - Definitions. - For purposes of this article, the words Alabama salt and...
Section 9-12-231 - Nets and Similar Devices Permitted in Salt and Brackish Waters. - (a) The following nets or similar devices may be used...
Section 9-12-232 - Commercial Gill Net Permits - Acquisition and Retirement. - (a) The Department of Conservation and Natural Resources shall establish...
Section 9-12-233 - Additional Surcharge on Saltwater Fishing Licenses. - Effective for a period of five years following June 1,...
Section 9-12-234 - Marine Resources Restoration Fund. - (a) There is created in the State Treasury the Marine...