Commercial Fishing in Public Impounded Waters and Navigable Streams.

Ala. Code tit. 9, ch. 11, art. 4

in effect

Ala. Code § 9-11-140 Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - When, Where, and How Permitted.

9-11-140. Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - When, Where, and How Permitted. Any person engaged in the taking, killing or capturing of commercial or nongame fish from the public impounded waters and navigable streams of the State of Alabama may use in such commercial fishing operations hoop and fyke nets, seines, gill nets, trammel nets, setlines, trotlines, snaglines and lawful fish traps. However, all such nets, setlines, trotlines, snaglines and fish traps shall conform to the rules and regulations promulgated by the Commissioner of Conservation and Natural Resources covering the same, who shall designate when, where and how same shall be used. (Acts 1953, No. 784, p. 1069, §1.)

Ala. Code § 9-11-141 Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - License - Required Generally.

9-11-141. Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - License - Required Generally. Prior to using any nets, seines, traps or other commercial fishing devices, as specified in this article, a person shall, except to the extent otherwise provided for in this article, have first secured a license permitting the use of such fishing gear, such license to be issued in the manner prescribed by this article. (Acts 1953, No. 784, p. 1069, §1; Acts 1991, No. 91-580, p. 1067, §1.)

Ala. Code § 9-11-142 Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - License - Individual Licenses Required; Exception for Certain Assistants.

9-11-142. Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - License - Individual Licenses Required; Exception for Certain Assistants. It is the intent of this article that the license provided herein for the taking of commercial or nongame fish from the public impounded waters and navigable streams of the State of Alabama shall be issued upon an individual basis only, and, except to the extent otherwise provided for in this article, each person engaging in such activities or operations shall be required to purchase said license. It is hereby provided, however, that each person licensed pursuant to the provisions of Sections 9-11-141 and 9-11-142 may be assisted by one “helper” or assistant, who shall, while in the course of such assistance, be located in the licensed person’s boat and/or shall be accompanied by the licensed person at all times. While engaged in providing such assistance, said “helper” or assistant shall be exempt from the otherwise applicable licensing requirements of Sections 9-11-141 and 9-11-142. (Acts 1953, No. 784, p. 1069, §1 1/2 ; Acts 1991, No. 91-580, p. 1067, §2.)

Ala. Code § 9-11-143 Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - License - Issuance; Fees; Records; Disposition of Fees.

9-11-143. Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - License - Issuance; Fees; Records; Disposition of Fees. The judge of probate, the commissioner of licenses or such person or persons duly appointed by the Commissioner of Conservation and Natural Resources and so authorized by him to issue the license provided by this article shall issue such a license to any resident of this state complying with the provisions of this article and shall sign his name and shall require the person to whom the license is issued to sign his name on the margin thereof. The license for the use of such commercial fishing gear as authorized under the provisions of this article shall be $100.00. A resident of the State of Alabama, as applicable to this article, shall be a person who has resided continuously in this state for 12 months next preceding the application for said license. The person or persons issuing said licenses shall keep in a book or on specially prepared sheets to be furnished by the Commissioner of Conservation and Natural Resources a correct and complete record of all licenses issued, which record shall remain in his office and be open to inspection by the public at all reasonable times. Judges of probate and other persons authorized and designated to issue licenses shall retain out of the money received for each license issued by them under the provisions of this article $1.00 for each license issued, which amount shall cover services required by the provisions of this article, and shall remit the balance to the Commissioner of Conservation and Natural Resources on the first of each month. Said judges of probate and all other duly authorized and designated persons shall report to the Commissioner of Conservation and Natural Resources of the State of Alabama on the first day of each month the number and kind of licenses issued under this article and the name and post office address of the person or persons to whom issued, giving opposite each name the serial number of the license so issued and the amount of money remitted; provided, that if any such license is issued by any probate judge, license commissioner or any other officer who is paid a salary for the performance of his duties as such officer, he shall be required to remit the entire amount collected to the Commissioner of Conservation and Natural Resources, except the amount charged by the issuing officer for the issuance of such license, and this amount shall be remitted to the treasurer of the county in which said license was paid. (Acts 1953, No. 784, p. 1069, §4; Acts 1966, Ex. Sess., No. 402, p. 545; Acts 1991, No. 91-580, p. 1067, §3.)

Ala. Code § 9-11-144 Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams -License - Expiration.

9-11-144. Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams -License - Expiration. Each license issued under the provisions of this article shall expire on September 30 of the year for which such license is issued. (Acts 1953, No. 784, p. 1069, §3.)

Ala. Code § 9-11-145 Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - License - Forfeiture.

9-11-145. Use of Commercial Fishing Gear in Public Impounded Waters and Navigable Streams - License - Forfeiture. Upon conviction of any person for the violation of any of the provisions of this article, all licenses held by any such person to fish commercially or operate or use commercial fishing gear in the public impounded waters or navigable streams of this state shall be forfeited for a period of 12 months from the date of conviction. (Acts 1953, No. 784, p. 1069, §10; Acts 1975, No. 1122, p. 2211, §1.)

Ala. Code § 9-11-146 Disposition of Proceeds from Sale of Licenses, Etc.

9-11-146. Disposition of Proceeds from Sale of Licenses, Etc. The proceeds from the sale of all licenses required by any of the provisions of this article and all other proceeds arising under this article shall be deposited to the credit of the Game and Fish Fund of the Department of Conservation and Natural Resources. (Acts 1953, No. 784, p. 1069, §5.)

Ala. Code § 9-11-147 Marking Location of and Identifying Fishing Gear.

9-11-147. Marking Location of and Identifying Fishing Gear. It shall be unlawful for any person to use any of the fishing gear mentioned in Section 9-11-141, except slat boxes, in the public impounded waters and navigable streams of this state without marking their location by buoys or floats and identifying such nets and lines by showing the license number in plain figures upon the buoys or floats. The license number must be attached to all seines and nets, and at least one such buoy shall bear the name and address of the owner. It shall be unlawful to use slat boxes in said waters without permanently affixing thereto a metal tag stating thereon the name, address and license number of the licensee operating and using each slat box. (Acts 1953, No. 784, p. 1069, §2; Acts 1981, No. 81-351, p. 506, §1.)

Ala. Code § 9-11-148 Game Fish Taken to Be Returned to Waters; Possession of Game Fish by Commercial Fishermen.

9-11-148. Game Fish Taken to Be Returned to Waters; Possession of Game Fish by Commercial Fishermen. Should any species of fish designated by the laws or regulations of this state as game fish be taken from the public impounded waters or navigable streams of this state by the use of commercial fishing gear, such fish, without injury, shall be immediately returned to the waters from whence they were taken. The possession by commercial fishermen of any of such fish shall constitute a violation of the provisions of this article, and such possession by such commercial fishermen shall be prima facie evidence of the fact that such fish were taken by the use of commercial fishing gear. (Acts 1953, No. 784, p. 1069, §6.)

Ala. Code § 9-11-149 Use of Fishing Gear Within One-Half Mile Below Lock or Dam.

9-11-149. Use of Fishing Gear Within One-Half Mile Below Lock or Dam. The use of the commercial fishing gear as designated in this article shall not be permitted within one-half mile below any lock or dam on any waters to which this article applies. (Acts 1953, No. 784, p. 1069, §7.)

Ala. Code § 9-11-150 Use of Fishing Gear Within 100 Yards of Mouths of Streams, Etc., Emptying into Salt Waters or Bays.

9-11-150. Use of Fishing Gear Within 100 Yards of Mouths of Streams, Etc., Emptying into Salt Waters or Bays. No person shall take or catch or attempt to take or catch any fish by means of any of the fishing gear designated in this article within 100 yards above or below the mouth of any of the streams, lakes, estuaries, bayous or rivers emptying into any of the salt waters or bays of this state. (Acts 1953, No. 784, p. 1069, §8.)

Ala. Code § 9-11-151 Seizure, Confiscation and Disposition of Fishing Gear Used in Violation of Article.

9-11-151. Seizure, Confiscation and Disposition of Fishing Gear Used in Violation of Article. Should any law enforcement officer of this state or employee of the Department of Conservation and Natural Resources of the State of Alabama discover commercial fishing gear being used in violation of the terms of this article, he shall seize and hold the same; and, in the event no one within a reasonable time claims seized commercial fishing gear and the owner thereof is unknown to the person finding the same, it shall be confiscated and shall become the property of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources and shall be disposed of as ordered by the Commissioner of Conservation and Natural Resources. (Acts 1953, No. 784, p. 1069, §9.)

Ala. Code § 9-11-152 Shipment or Transportation of Fish Taken in Violation of Article; Seizure, Confiscation and Disposition of Fish Illegally Transported or Shipped.

9-11-152. Shipment or Transportation of Fish Taken in Violation of Article; Seizure, Confiscation and Disposition of Fish Illegally Transported or Shipped. It shall be unlawful to knowingly ship or transport or to knowingly receive for shipment or transportation any fish taken from the public impounded waters or navigable streams of this state in violation of the terms of this article; and should such fish be knowingly shipped or transported or knowingly received for shipment or transportation, the same shall be seized and confiscated and, upon confiscation, shall be disposed of as ordered by the Commissioner of Conservation and Natural Resources. (Acts 1953, No. 784, p. 1069, §11.)

Ala. Code § 9-11-153 Wholesale and Retail Freshwater Nongame Fish Dealers’ Licenses; Commercial Paddlefish Dealer’s License.

9-11-153. Wholesale and Retail Freshwater Nongame Fish Dealers’ Licenses; Commercial Paddlefish Dealer’s License. (a) Every person, firm, association, or corporation engaged in the buying, selling, or handling of freshwater nongame fish for the purpose of resale, whether handled on a commission basis or otherwise, and every person, firm, association, or corporation shipping freshwater nongame fish out of the State of Alabama on consignment or order shall be considered a wholesale dealer of freshwater nongame fish, and shall be required to pay a license of $25.00 per annum. Any person, firm, association, or corporation handling freshwater nongame, uncooked fish strictly at retail to the consumer shall be considered a retailer and must purchase a license and pay $10.00 per annum for the same. The revenue to be derived from such licenses shall be covered into the State Treasury to the credit of the Game and Fish Fund of the Department of Conservation and Natural Resources. Wholesale and retail licenses as prescribed in this section shall be issued in the same manner and under the same provisions as provided for other licenses in this article. (b) In addition to the above licenses, every resident person, firm, association, or corporation who buys, processes, sells, or ships paddlefish roe, flesh, or parts, other than a licensed paddlefish fisherman selling or shipping within the state fish or roe that the fisherman has caught to an Alabama licensed commercial paddlefish dealer, shall purchase a commercial paddlefish dealer’s license and pay a license fee of seven hundred fifty dollars ($750) per license year. The Department of Conservation and Natural Resources or duly authorized designees of the department shall sell and issue commercial paddlefish licenses to residents of another state if the other state by reciprocal agreement or otherwise provides for the sale and issuance of a similar commercial paddlefish license to residents of this state to buy, process, sell, or ship paddlefish roe, flesh, or parts from the waters of the other state. The amount to be charged for a nonresident commercial paddlefish dealer’s license shall be the same as the license fee charged a resident of this state for a license in the state of the nonresident, but in no event shall the amount be less than the license fee charged by the department for commercial fishing licenses for a resident of this state. Any person, firm, association, or corporation who engages in any activity without a license, for which the paddlefish dealer’s license as provided in this subsection is required, upon conviction, shall be guilty of a Class A misdemeanor, except the minimum fine for the first offense shall be one thousand five hundred dollars ($1,500), and for the second or any subsequent violation, the fine shall be not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000). (Acts 1953, No. 784, p. 1069, §12; Act 2012-471, p. 1300, §1.)

Ala. Code § 9-11-154 Records of Wholesalers and Retailers of Freshwater Nongame Fish; Inspection, Etc., of Records.

9-11-154. Records of Wholesalers and Retailers of Freshwater Nongame Fish; Inspection, Etc., of Records. All wholesalers and retailers of freshwater nongame fish in this state shall be required to keep in record form the names and addresses of the persons, firms, corporations or associations from whom said fish were purchased or received and the date or dates of such purchase or receipt. The Commissioner of Conservation and Natural Resources or such other persons appointed and designated by him for such purpose shall have power and authority at any and all reasonable hours to inspect and examine the books and records of any person, firm, association or corporation engaging in the business of wholesaling or retailing freshwater nongame fish in order to determine the amount of license fees due under this article and to ascertain the names and addresses of persons, firms, associations or corporations from whom or to whom the fish were purchased, received, shipped or consigned. (Acts 1953, No. 784, p. 1069, §13.)

Ala. Code § 9-11-155 Applicability of Provisions of Article.

9-11-155. Applicability of Provisions of Article. The provisions of this article licensing the use of setlines, trotlines or snaglines shall not apply to resident fishermen and shall not apply to state or federal agencies conducting research on freshwater fish, nor shall it apply to nonresident fishermen who have acquired a sport fishing license of this state. (Acts 1953, No. 784, p. 1069, §14; Acts 1955, 1st Ex. Sess., No. 36, p. 59.)

Ala. Code § 9-11-156 Penalties for Violations of Provisions of Article.

9-11-156. Penalties for Violations of Provisions of Article. Any person, firm, copartnership, association or corporation violating any of the provisions of this article or rules and regulations based thereon shall be guilty of a Class A misdemeanor and, upon conviction for the first offense, shall be punished by a fine of not more than $2,000.00 and/or sentenced to imprisonment for not more than one year; upon conviction for the second or any subsequent offense, the punishment shall be by a fine of not less than $500.00 nor more than $2,000.00, and/or by imprisonment for not less than one month nor more than one year. In addition thereto, all commercial fishing gear, boats, motors, implements, instruments, appliances or things of whatsoever nature used in connection with the commission of such misdemeanor, if the owner is unknown, shall be seized and confiscated and shall become the property of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources and shall be disposed of as ordered by the Commissioner of Conservation and Natural Resources. Such fishing gear, boats, motors, implements, instruments, appliances or things of whatsoever nature used in connection with the commission of such misdemeanor, if the owner is known, shall be seized and confiscated and shall be disposed of as ordered by the court having jurisdiction thereof. (Acts 1953, No. 784, p. 1069, §15; Acts 1975, No. 1122, p. 2211, §1; Acts 1980, No. 80-368.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026