Alabama Code (Last Updated: November 28, 2014) |
Title9 CONSERVATION AND NATURAL RESOURCES. |
Chapter12. MARINE RESOURCES. |
Article 1. General Provisions. |
§ 9-12-1. Persons considered residents of state; burden of proof as to residence. |
§ 9-12-2. Summoning into service of posse comitatus, boats, etc.; penalty for resistance. |
§ 9-12-3. Captains of licensed vessels, etc., to assist inspectors in making arrests; failure or refusal to aid inspector upon request. |
§ 9-12-4. Proceedings as to violations of chapter - Jurisdiction. |
§ 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. |
§ 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. |
§ 9-12-7. Proceedings as to violations of chapter - Bonds for stay of sale of condemned boats, etc., pending appeal. |
§ 9-12-8. Proceedings as to violations of chapter - Procedure for sale of condemned boats, etc.; disposition of proceeds. |
Article 2. Seafoods. |
Division 1. General Provisions. |
§ 9-12-20. Ownership and control of seafoods. |
§ 9-12-21. "Natural oyster reef" defined. |
§ 9-12-22. Right of owners of land fronting public waters to plant and gather oysters. |
§ 9-12-23. Cancellation of leases of riparian bottoms; appeals. |
§ 9-12-24. Authority and procedure for leasing of bottoms in natural oyster reefs; cancellation and forfeiture of leases; disposition of proceeds from leases. |
§ 9-12-25. Removal of oysters by lessees upon forfeiture of lease; regulations for protection of rights of lessees. |
§ 9-12-26. Dragging of seines over public reefs or private oyster grounds. |
§ 9-12-27. Standard measures for oysters and shrimp; possession, use for purchase or sale, etc., of nonstandard measures for oysters or shrimp; inspections. |
§ 9-12-28. Oysters management stations; harvest records. |
§ 9-12-29. Patrol boats. |
§ 9-12-30. Patrolling of private oyster reefs. |
§ 9-12-31. Boarding of boats, etc., and entrance into places of business to investigate compliance with laws. |
§ 9-12-32. Surveys and marking of private reefs; filing of plats and lists of agents and permittees; agents and permittees to carry permits. |
§ 9-12-33. Culling and sacking of oysters. |
§ 9-12-34. Taking of seed oysters from public reefs; designation of seed oyster fishing areas, etc. |
§ 9-12-35. Cultivation, transplantation, or replanting of public reefs. |
§ 9-12-36. Taking of oysters by use of mechanical devices at night. |
§ 9-12-37. Use of mechanical rake dredges, etc., dredge license. |
§ 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. |
§ 9-12-39. Purchase of seed oysters from public reefs by private individuals, etc. |
§ 9-12-40. Supervision of taking of oysters by rake dredges; notice of use of rake dredges. |
§ 9-12-41. Harvesting of undersized oysters. |
§ 9-12-42. Duty to replant oysters and oyster shells on public reefs; option to pay replanting costs, etc.; penalties. |
§ 9-12-43. Taking of oysters for replanting on private reefs. |
§ 9-12-44. Tax on oysters harvested from private reefs for commercial purposes. |
§ 9-12-45. Tax on terrapins caught, etc., for commercial purposes; minimum legal size; possession of undersized terrapins. |
§ 9-12-46. Minimum weight of shrimp taken, etc., for commercial purposes; possession, sale, etc., of nonconforming shrimp. |
§ 9-12-47. Condemnation, disposition, etc., of shrimp not fit for human consumption. |
§ 9-12-49. Importation of shrimp into state. |
§ 9-12-50. Regulation of transportation of raw oysters and shrimp beyond boundaries of state. |
§ 9-12-51. Tax on shrimp taken for canning, drying or shipping within state. |
§ 9-12-52. Tax on shrimp taken for transportation to other states. |
§ 9-12-53. Tax on shrimp not to be exported. |
§ 9-12-54. Payment of taxes. |
§ 9-12-54.1. Live saltwater bait dealers license. |
§ 9-12-54.2. Expiration date and purchase of license; nonresident license fee. |
§ 9-12-54.3. Duties of licensees. |
§ 9-12-54.4. Catching, etc., of bait; restrictions. |
§ 9-12-54.5. Catching, etc. of shrimp by persons with recreational boat shrimping license. |
§ 9-12-54.6. Exclusive saltwater bait areas. |
§ 9-12-54.7. Penalty for violations. |
§ 9-12-61. Taking, sale, etc., of oysters under three inches long. |
§ 9-12-62. Mutilation, etc., of buoys or markers. |
§ 9-12-63. Use of unlicensed boats, etc., to take, etc., oysters or shrimp. |
§ 9-12-64. Sale, purchase, etc., of shrimp or oysters taken by unlicensed tongers, boats, etc. |
§ 9-12-65. Sale, etc., of shrimp or oysters to persons, etc., failing to comply with provisions of article. |
§ 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. |
§ 9-12-67. Sacking and tagging oysters; penalties. |
Division 2. Licenses Generally. |
§ 9-12-80. License fees for nonresidents. |
§ 9-12-82. License required for taking of oysters for commercial purposes; penalty; disposition of proceeds from sale of licenses. |
§ 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. |
§ 9-12-85. Affidavits of applicants for licenses for boats or vessels. |
§ 9-12-87. License for dredge. |
§ 9-12-93. License for boat used for taking or carrying shrimp. |
§ 9-12-94. Persons taking oysters or shrimp to have licenses in possession. |
§ 9-12-95. Commercial party boat license; fee; requirements; expiration; penalty. |
Division 3. Additional Regulations. |
§ 9-12-110. Size of mesh of seines, nets or trawls used for taking of saltwater fish, baits, etc. |
§ 9-12-111. Lengths or widths of seines, nets, and trawls. |
§ 9-12-112. Garfish taken to be killed before returning to waters. |
§ 9-12-113. Licenses or permits for commercial fishing; net or seine permits. |
§ 9-12-113.1. Selling, buying, trading, or bartering certain saltwater game fish prohibited. |
§ 9-12-115. Reports of seafood dealers. |
§ 9-12-115.1. Landing and reporting requirements for certain saltwater finfish and other seafood products. |
§ 9-12-116. Refusal to open place of business or boat for inspection; agreement, conspiracy, etc., to evade provisions of article, etc. |
§ 9-12-117. Possession, operation or use of illegal tackle, illegal fishing devices or unlicensed boats or vessels. |
§ 9-12-118. Issuance of licenses - Persons authorized; record. |
§ 9-12-119. Issuance of licenses - Fees of issuing authorities. |
§ 9-12-120. Disposition of proceeds from sale of licenses and fees. |
§ 9-12-121. Violations. |
§ 9-12-122. Penalty for commercial shrimp trawling in waters closed to commercial shrimping by law or regulation; confiscation and forfeiture of trawls. |
§ 9-12-123. License for use of gill net. |
§ 9-12-123.1. Hardship gill net licenses; renewal and transfer. |
§ 9-12-124. "Crab catcher" license for use of more than five crab traps; rules and regulations. |
§ 9-12-125. Licenses for selling, brokering, processing, etc., fresh or frozen seafood. |
§ 9-12-126. Inspection of oyster beds; closure order; relay of oysters from closed areas; promulgation of rules; penalty; enforcement. |
Article 3. Establishment of Artificial Fishing Reefs in Offshore Waters. |
§ 9-12-140. Sale or barter of salvageable parts of liberty ships provided for establishment of artificial fishing reefs - Authorized; disposition of proceeds. |
§ 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. |
§ 9-12-142. Fishing Reef Ship Commission. |
Article 3A. Artifcial Reef Construction Regulated. |
§ 9-12-150. Artificial reef construction permit; transportation, inspection, etc., of reef materials; bond; penalties. |
Article 4. Reciprocal Agreements as to Commercial Seafood Fishing. |
§ 9-12-160. Authorized. |
§ 9-12-161. License fees of nonresidents. |
§ 9-12-162. Rights and privileges granted to be exercised in accordance with Alabama laws, etc. |
Article 5. Gulf States Marine Fisheries Compact. |
§ 9-12-180. Authorized; form. |
§ 9-12-181. Representatives to Gulf States Marine Fisheries Commission. |
§ 9-12-182. Powers granted commission by article supplemental. |
§ 9-12-183. Payment of expenses incident to membership in commission. |
§ 9-12-184. Annual appropriation for operating expenses of commission. |
Article 6. Commercial Alligator Operations. |
§ 9-12-200. Definitions. |
§ 9-12-201. Who may engage in business of propagating alligators. |
§ 9-12-202. License; fee. |
§ 9-12-203. Expiration and renewal of license; fee. |
§ 9-12-204. Marketing or taking of alligators; rules and regulations; tagging; affidavit; transportation of carcass. |
§ 9-12-205. Property rights. |
§ 9-12-206. Alligator parts dealer license; retail and restaurant license; fees. |
§ 9-12-207. Alligator parts transaction forms; bills of sale; inspection; records. |
§ 9-12-208. Alligator parts tag. |
§ 9-12-209. Shipment of alligator skins; tags. |
§ 9-12-210. Severance tax on alligator skins; penalty. |
§ 9-12-211. Taking or possession of alligators, eggs, parts or skins prohibited except as provided; applicability of section; penalty. |
§ 9-12-212. Disbursement of license fees and taxes. |
§ 9-12-213. Effect of federal endangered species status. |
§ 9-12-214. Violations; forfeiture of property and license; eligibility for new license. |
Article 7. Saltwater Commercial Fishing Regulation and Retirement of Nets; Economic Relief. |
§ 9-12-230. Definitions. |
§ 9-12-231. Nets and similar devices permitted in salt and brackish waters. |
§ 9-12-232. Commercial gill net permits - Acquisition and retirement. |
§ 9-12-233. Additional surcharge on saltwater fishing licenses. |
§ 9-12-234. Marine Resources Restoration Fund. |