Hunting and Trapping of Birds and Game.

Ala. Code tit. 9, ch. 11, art. 8

in effect

Ala. Code § 9-11-230 Title to Wild Birds and Animals Vested in State.

9-11-230. Title to Wild Birds and Animals Vested in State. The title and ownership to all wild birds and wild animals in the State of Alabama or within the territorial jurisdiction of the state are vested in the state for the purpose of regulating the use and disposition of the same in accordance with the laws of the state. (Acts 1935, No. 383, p. 813, §1; Code 1940, T. 8, §82.)

Ala. Code § 9-11-230.1 Definitions.

9-11-230.1. Definitions. For purposes of this article, the words “nighttime hours,” “night,” “between the hours of sunset and daylight,” or similar words shall be defined as between 30 minutes after sunset and 30 minutes before sunrise of the following day. (Act 2016-447, 1st Sp. Sess., §2.)

Ala. Code § 9-11-231 Permits for Collection of Invertebrate or Vertebrate Species, or Their Eggs, for Certain Purposes, Etc.

9-11-231. Permits for Collection of Invertebrate or Vertebrate Species, or Their Eggs, for Certain Purposes, Etc. (a) No person shall at any time collect any protected wild invertebrate or vertebrate species, or their eggs, in this state for propagation or scientific purposes except under the direction, supervision and regulation of the Commissioner of Conservation and Natural Resources, who, on the payment of the applicable fee, may issue propagation or scientific permits annually to properly accredited persons or institutions, as follows: (1) A general permit for individuals.......$50. (2) An educational permit for professors or teachers, which shall also allow their current students to operate thereunder......$10. (3) A master collecting permit involving more than one individual acting in the name of a firm, corporation, or agency.......$100. (b) Any person, firm, association, or corporation being or having in possession at any time a protected wild invertebrate or vertebrate species, or their eggs, without a permit as required in this section shall be guilty of a misdemeanor and, upon conviction therefor, shall be punished by a fine of three times the amount of the applicable permit. (c) The permit requirements under this section shall not apply to the Opp Rattlesnake Rodeo. (Acts 1935, No. 383, p. 813, §3; Code 1940, T. 8, §84; Act 2016-258, §1.)

Ala. Code § 9-11-232 Possession, Sale, Purchase, Etc., of Protected Wild Birds, Etc.

9-11-232. Possession, Sale, Purchase, Etc., of Protected Wild Birds, Etc. Any person, firm, association, or corporation who takes, catches, kills, or has in possession at any time, living or dead, any protected wild bird not a game bird, or who sells or offers for sale, buys, purchases, or offers to buy or purchase any such bird or exchange same for anything of value, or who shall sell or expose for sale or buy any part of the plumage, skin, or body of any bird protected by the laws of this state, or who shall take or willfully destroy the nests of any wild bird, or who shall have the nests or eggs of the birds in his or her possession, except as otherwise provided by law, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense. (Acts 1935, No. 383, p. 813, §2; Code 1940, T. 8, §83; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-233 Enumeration of Birds Not Protected.

9-11-233. Enumeration of Birds Not Protected. English sparrows, crows and starlings are not protected by the game laws of this state and may be killed at any time. (Acts 1935, No. 383, p. 813, §4; Code 1940, T. 8, §85; Acts 1971, No. 233, p. 541, §1.)

Ala. Code § 9-11-234 Hunting, Etc., of Protected Birds or Animals on State or Federal Game Sanctuaries or Refuges.

9-11-234. Hunting, Etc., of Protected Birds or Animals on State or Federal Game Sanctuaries or Refuges. It shall be unlawful for any person to hunt, take, catch or kill or to attempt to hunt, take, catch or kill any bird or animal protected by the game laws or regulations of this state on any land in the State of Alabama which is designated as a state or federal game sanctuary or refuge. Any violation of this section shall constitute a misdemeanor, and any one convicted for the violation of any of the provisions of this section shall be punished by a fine of not less than $250.00 nor more than $500.00, the amount of which fine shall be fixed, determined and imposed by the judge of the court presiding at the trial of any case brought under the provisions of this section. (Acts 1947, No. 612, p. 459, § 1.)

Ala. Code § 9-11-235 Taking, Etc., of Protected Birds or Animals During Nighttime Hours; Nighttime Feral Swine and Coyote Hunting.

9-11-235. Taking, Etc., of Protected Birds or Animals During Nighttime Hours; Nighttime Feral Swine and Coyote Hunting. (a) It shall be unlawful, except as otherwise provided by law or rule of the commissioner, for a person to take, capture, or kill, or attempt to take, capture, or kill, any bird or animal protected by the laws of this state during nighttime hours. (b) Any person violating this section shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be punished for the first offense by a fine of not less than two thousand dollars ($2,000) nor more than three thousand dollars ($3,000) and may be imprisoned in the county jail for a period not to exceed six months. In addition, the court shall revoke all hunting license privileges for a period of three years from the date of conviction. (c)(1) This section shall not apply to an individual hunting feral swine or coyotes during nighttime hours on privately owned or leased lands during the specified special nighttime feral swine and coyote hunting season dates if the individual has purchased, and is in possession of, a nighttime feral swine and coyote hunting license issued by the Department of Conservation and Natural Resources as follows: a. Any individual hunting feral swine or coyotes during the special nighttime feral swine and coyote season shall purchase the nighttime feral swine and coyote hunting license. The nighttime feral swine and coyote license does not include any other license privilege provided by Sections 9-11-44, 9-11-46, 9-11-47, 9-11-48, 9-11-49, 9-11-65, or 9-11-65.2, or the wildlife heritage license, all of which do not include privileges for hunting feral swine and coyotes during nighttime hours. b. The annual resident nighttime feral swine and coyote hunting license fee is fourteen dollars ($14), plus an issuance fee of one dollar ($1). c. The annual nonresident nighttime feral swine and coyote hunting license fee is fifty dollars ($50), plus an issuance fee of one dollar ($1). d. A person who possesses a 100 percent physically disabled resident hunting license or a 100 percent disabled military veteran’s appreciation hunting license may obtain an annual resident nighttime feral swine and coyote hunting license by paying the issuance fee of one dollar ($1). (2) The fees provided for in this section are subject to adjustment as provided in Section 9-11-68. (3) A special nighttime feral swine and coyote hunting license required by this subsection shall be procured in the same manner as an annual hunting license, with the issuance fee for the nighttime feral swine and coyote hunting license paid to and retained by the issuing office or agency. (4) An individual who is exempt from purchasing a hunting license is not exempt from the requirement to purchase a nighttime feral swine and coyote hunting season license pursuant to this section. (5) A landowner and his or her agents who possess a valid permit to take protected wildlife causing crop damage, property damage, or concern for human safety, as provided by rule of the commissioner, shall be exempt from the requirement to purchase a nighttime feral swine and coyote hunting season license pursuant to this section. (Acts 1935, No. 383, p. 813, §5; Code 1940, T. 8, §86; Acts 1949, No. 662, p. 1026, §1; Acts 1953, No. 767, p. 1028, §1; Acts 1982, No. 82-488, p. 811, §1; Acts 1995, No. 95-215, p. 252, §2; Act 2008-384, p. 714, §1; Act 2016-153, §1; Act 2016-447, 1st Sp. Sess., p. 1226, §1; Act 2021-277, §1.)

Ala. Code § 9-11-236 Hunting, Etc., or Possession of Protected Birds or Animals During Closed Season.

9-11-236. Hunting, Etc., or Possession of Protected Birds or Animals During Closed Season. Any person who hunts, takes, catches, captures, kills, or has in his or her possession or who attempts to hunt, take, catch, capture, or kill, any bird or animal protected by law or regulation of this state except during the open season when same may be hunted, taken, caught, captured, or killed shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) and, at the discretion of the court, may also be imprisoned in the county jail for not longer than six months. It is provided further that any person who hunts, takes, catches, captures, or kills, or attempts to hunt, take, catch, capture, or kill, a wild turkey in an illegal manner or during the closed hunting season, or has in his or her possession a wild turkey killed during the closed hunting season or taken in an illegal manner, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) and, at the discretion of the court, may also be imprisoned in the county jail for not longer than six months. (Acts 1935, No. 383, p. 813, §6; Code 1940, T. 8, §87; Acts 1949, No. 665, p. 1029, §1; Acts 1961, Ex. Sess., No. 193, p. 2166, §1; Acts 1961, Ex. Sess., No. 261, p. 2277, §1; Acts 1991, 1st Ex. Sess., No. 91-750, p. 129, §1; Act 2008-384, §1.)

Ala. Code § 9-11-237 Sale and Purchase of Game Birds and Animals Including the Meat or Other Product Thereof.

9-11-237. Sale and Purchase of Game Birds and Animals Including the Meat or Other Product Thereof. Any person, firm, or corporation who sells, offers, or exposes for sale, buys, purchases, barters, or exchanges anything of value for any game bird or game animal or any part thereof at any time shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $250.00 nor more than $500.00 for each offense. Duly licensed catchers of fur-bearing animals may sell to regularly licensed buyers or dealers only the furs, skins, or pelts of fur-bearing animals which they lawfully take, capture, or kill. The licensed catcher of fur-bearing animals may sell or offer for sale for food the dressed carcass of edible fur-bearing animals named by law or regulations. However, notwithstanding anything herein to the contrary, it shall not be a violation of this section to sell, offer, or expose for sale, buy, purchase, barter, or exchange anything of value for any of the following: (1) Lawfully taken “green” or raw untanned deer hides and their hooves, squirrels’ skins, hides, and tails; (2) Finished product items such as gloves, shoes, clothing, jewelry, tanned deer hides, and similar products; and (3) Labeled, pre-packaged venison, other than white-tailed deer, which has been inspected by a state or federal meat inspection agency and which meets all requirements of this state. The venison shall be maintained in original labeled containers with receipts until prepared for consumption. The records, facilities, and venison shall be available during normal business hours for inspection by the Department of Conservation and Natural Resources. (Acts 1935, No. 383, p. 813, §7; Code 1940, T. 8, §88; Acts 1979, No. 79-793, p. 1450, §1; Acts 1989, No. 89-941, p. 1849, §1; Acts 1995, No. 95-579, p. 1217, §1.)

Ala. Code § 9-11-238 Hunting, Etc., of Wild Turkeys with Dogs.

9-11-238. Hunting, Etc., of Wild Turkeys with Dogs. Any person who hunts, pursues, captures or kills a wild turkey in this state with the aid of a dog at any time shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.00 nor more than $50.00 for each offense. (Acts 1935, No. 383, p. 813, §8; Code 1940, T. 8, §89.)

Ala. Code § 9-11-240 Opening of Season for Hunting, Etc., of Female Deer and Unantlered Male Deer.

9-11-240. Opening of Season for Hunting, Etc., of Female Deer and Unantlered Male Deer. Any law of the State of Alabama to the contrary notwithstanding, the Commissioner of Conservation and Natural Resources is hereby authorized to open a season in any county, area or section of the state for the hunting, taking, capturing and killing of female deer or unantlered male deer by a duly promulgated regulation when, in his best judgment, he deems it necessary for biological reasons or because of crop damage to open the season on such deer, provided this meets with the approval of the landowner or leaseholder. (Acts 1966, Ex. Sess., No. 180, p. 213, § 1.)

Ala. Code § 9-11-241 Hunting, Trapping, Etc., of Wild Game During Day on Lands of Another Without Permission.

9-11-241. Hunting, Trapping, Etc., of Wild Game During Day on Lands of Another Without Permission. Any person who hunts, traps, captures, injures, kills, or destroys, or attempts to hunt, trap, capture, injure, kill, or destroy any wild game on the lands of another between the hours of daylight and sunset without the written permission of or accompanied by the landowner or person in possession or control of the lands shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than one thousand dollars ($1,000), and at the discretion of the court may have all hunting license privileges revoked for up to one year from the date of conviction. Any person shall be punished for the second and each subsequent offense by a fine of not less than two thousand dollars ($2,000) and the revocation of all hunting license privileges for one year from the date of conviction, and shall be imprisoned in the county jail for a period not less than 10 nor more than 30 days. This section shall not apply to the members of the family, guests, servants, or agents of the landowner. (Acts 1936-37, Ex. Sess., No. 191, p. 224, §1; Code 1940, T. 8, §92; Acts 1975, No. 1119, p. 2208, §1; Acts 1982, No. 82-489, p. 813, §1; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-242 Hunting, Trapping, Etc., of Wild Game at Night on Lands of Another Without Permission.

9-11-242. Hunting, Trapping, Etc., of Wild Game at Night on Lands of Another Without Permission. Any person who hunts, traps, captures, injures, kills, or destroys, or attempts to hunt, trap, capture, injure, kill, or destroy any wild game on the lands of another between the hours of sunset and daylight without the written permission of or accompanied by the landowner or person in possession or control of the lands shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than one thousand dollars ($1,000), and at the discretion of the court may have all hunting license privileges revoked for up to one year from the date of conviction. A person shall be punished for the second and each subsequent offense by a fine of not less than two thousand dollars ($2,000) and the revocation of all hunting license privileges for one year from the date of conviction, and shall be imprisoned in the county jail for a period not less than 10 nor more than 30 days. This section shall not apply to the members of the family, guests, servants, or agents of the landowner; provided further, that this section shall not apply to fox hunting with dogs exclusively; and, provided further, that this section shall not apply to raccoon and opossum hunting with dogs only. (Acts 1936-37, Ex. Sess., No. 191, p. 224, §2; Code 1940, T. 8, §93; Acts 1982, No. 82-490, p. 814, §1; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-243 Hunting, Trapping, Etc., of Fur-Bearing Animals Within 10 Feet of Banks of Waters on Property of Another Without Permission.

9-11-243. Hunting, Trapping, Etc., of Fur-Bearing Animals Within 10 Feet of Banks of Waters on Property of Another Without Permission. Any person who hunts, traps, captures, injures, kills or destroys or attempts to hunt, trap, capture, injure, kill or destroy any fur-bearing animal on or in any river, creek, branch, lake, pond or other waters in this state running through or on property not his own or under his control, within 10 feet of the banks thereof, without the written permission of or accompanied by the landowner or person in possession or control of said lands shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $10.00 nor more than $50.00 for each offense. (Acts 1945, No. 231, p. 353, § 1.)

Ala. Code § 9-11-244 Taking, Etc., of Protected Birds or Animals by Means of Bait; Bait Privilege License.

9-11-244. Taking, Etc., of Protected Birds or Animals by Means of Bait; Bait Privilege License. THIS SECTION WAS AMENDED BY ACT 2019-103 IN THE 2019 REGULAR SESSION, EFFECTIVE MAY 6, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Except as provided in subsection (b), no person at any time shall take, catch, kill, or attempt to take, catch, or kill any bird or animal protected by law or rule of the State of Alabama by means, aid, or use, directly or indirectly, of any bait, such as shelled, shucked, or unshucked corn or of wheat or other grain, salt, or any other feed whatsoever that has been so deposited, placed, distributed, or scattered as to constitute for the birds or animals a lure, attraction, or enticement to, on, or over the area where a hunter or hunters are attempting to kill or take them; provided, that the birds or animals may be taken under properly shocked corn and standing crops of corn, wheat, or other grain or feed and grains scattered solely as a result of normal agricultural harvesting; and provided further, migratory birds may be hunted under the most recent regulations established by the U.S. Fish and Wildlife Service or rules adopted by the Commissioner of the Department of Conservation and Natural Resources within the limits of the federal regulations. (b)(1) This section shall not apply to a person hunting whitetail deer or feral swine with the aid of bait on privately owned or leased lands; provided, that the person has purchased, and is in possession of, a bait privilege license issued by the Department of Conservation and Natural Resources as follows: a. The annual resident bait privilege license fee shall be fourteen dollars ($14), plus an issuance fee of one dollar ($1). b. The annual nonresident bait privilege license fee shall be fifty dollars ($50), plus an issuance fee of one dollar ($1). (2) The fees provided for by this section shall be subject to adjustment as provided in Section 9-11-68. (3) A bait privilege license required by this section shall be procured in the same manner as an annual hunting license, with the issuance fee for the bait privilege license paid to and retained by the issuing office or agency. (4) A person who is exempt from purchasing a hunting license shall not be exempt from the requirement to purchase a bait privilege license pursuant to this section. (c) The commissioner may, without refund, suspend the use of a baiting privilege license and adopt rules to manage the feeding of wild game animal populations on a county, regional, or statewide basis to prevent the spread of diseases among wildlife by announcing the suspension in a news release. (d) The Department of Conservation and Natural Resources may adopt rules to implement this section. (Acts 1951, No. 1001, p. 1672, §1; Acts 1991, No. 91-591, p. 1093, §1; Act 2019-103, §1.)

Ala. Code § 9-11-245 Unlawful Methods of Hunting Birds or Animals Protected by Law or Regulation.

9-11-245. Unlawful Methods of Hunting Birds or Animals Protected by Law or Regulation. No person shall at any time make use of any pitfall, deadfall, baited field, cage, trap, net, pen, baited hook, snare, poison, explosive, or chemical for the purpose of injuring, capturing, or killing birds or animals protected by law or regulation of this state. This section shall not prevent the trapping of animals classified as fur-bearing animals by a duly licensed fur catcher. It shall be legal to use a scaffold for gun hunting of all legal game species except wild turkey and to use a scaffold for bow hunting of all legal game species. (Acts 1951, No. 1001, p. 1672, §2; Acts 1975, No. 195, p. 681, §1; Acts 1995, No. 95-563, p. 1174, §1.)

Ala. Code § 9-11-246 Penalties for Violations of Provisions of Sections 9-11-244 and 9-11-245.

9-11-246. Penalties for Violations of Provisions of Sections 9-11-244 and 9-11-245. Any person who violates any of the provisions of Sections 9-11-244 or 9-11-245 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $25.00 nor more than $100.00 for each offense. Any person convicted the second time of violating Sections 9-11-244 or 9-11-245 shall be guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 nor more than $250.00 and, at the discretion of the court, may also be imprisoned in the county jail for not longer than six months. Any person convicted of violating Sections 9-11-244 or 9-11-245 the third or subsequent times shall be guilty of a misdemeanor and shall be punished by a fine of not less than $100.00 nor more than $500.00 and, at the discretion of the court, may also be imprisoned in the county jail for not longer than six months. Notwithstanding anything herein to the contrary, any person who violates the provisions of Section 9-11-244 with respect to the taking, catching, killing, or attempting to take, catch, or kill, deer or turkey, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than $250.00 nor more than $500.00, and at the discretion of the court may have all hunting privileges revoked for up to one year from the date of conviction. The second and each subsequent offense shall be punished by a fine of not less than $500.00 nor more than $2,000.00, and the automatic loss of hunting privileges for one year from the date of conviction, and, at the discretion of the trial court judge, imprisonment in the county jail for a period of not less than 10 nor more than 30 days. (Acts 1951, No. 1001, p. 1672, §3; Acts 1989, No. 89-534, p. 1096, §1.)

Ala. Code § 9-11-250 Taking, Etc., of Deer from Public Waters.

9-11-250. Taking, Etc., of Deer from Public Waters. It shall be unlawful for any person, firm or corporation to take or catch, by any means or device, deer, whether dead or alive, from the public waters of Alabama. (Acts 1971, No. 2309, p. 3731, §1.)

Ala. Code § 9-11-251 Taking, Etc., of Deer at Night.

9-11-251. Taking, Etc., of Deer at Night. It shall be unlawful for any person, firm or corporation to take, capture or kill deer at night in Alabama by any means or device, including but not limited to the use of any type of light. (Acts 1971, No. 2309, p. 3731, §2.)

Ala. Code § 9-11-252 Penalties for Violations of Provisions of Sections 9-11-250 and 9-11-251.

9-11-252. Penalties for Violations of Provisions of Sections 9-11-250 and 9-11-251. A violation of Sections 9-11-250 or 9-11-251 shall constitute a misdemeanor and, upon conviction, the person, firm or corporation violating same shall be punished for the first offense by a fine of not less than $500.00, by the revocation of all hunting license privileges for a period of one year from the date of conviction, and shall also be imprisoned in the county jail for a period of not less than three nor more than 10 days. Any person, firm or corporation convicted the second time of violating Sections 9-11-250 or 9-11-251 shall be guilty of a misdemeanor and shall be punished by a fine of not less than $1,000.00, by the revocation of all hunting license privileges for a period of three years from the date of conviction, and shall also be imprisoned in the county jail for a period of not less than 10 nor more than 30 days. Any person, firm or corporation convicted of violating Sections 9-11-250 or 9-11-251 the third or subsequent times shall be guilty of a misdemeanor and shall be punished by a fine of not less than $1,000.00, by the revocation of all hunting license privileges for a period of five years from the date of conviction, and shall also be imprisoned in the county jail for a period of not less than 30 nor more than 60 days. (Acts 1971, No. 2309, p. 3731, §3; Acts 1982, No. 82-278, p. 350, §1.)

Ala. Code § 9-11-252.1 Motor Vehicle, Weapons, Etc., Used in Nighttime Deer Hunting Declared Contraband; Seizure Report; Condemnation and Forfeiture; Disposition of Proceeds.

9-11-252.1. Motor Vehicle, Weapons, Etc., Used in Nighttime Deer Hunting Declared Contraband; Seizure Report; Condemnation and Forfeiture; Disposition of Proceeds. (a) Any motor vehicle, or any gun, rifle, ammunition or other hunting equipment which has been or is used for illegal nighttime deer hunting shall be contraband, and, in the discretion of the circuit court may be forfeited to the State of Alabama, as hereinafter provided. (b) The sheriff or any other person authorized to enforce the game and fish laws of this state who apprehends any person hunting deer in the nighttime, or who finds any vehicle which is being or has been used in such illegal nighttime hunting shall seize such vehicle and any gun, rifle, ammunition or other deer hunting equipment found in the possession of or on the person of such person or in or on such vehicle and shall report such seizure and the facts connected therewith to the district attorney or other prosecuting official in the judicial circuit. The report shall contain a full description of the vehicle or other equipment seized and detained, the name of the person in whose possession it was found, the name of the person making claim to the same, or any interest therein, if the name is known or can be ascertained, the date of seizure and a statement of the circumstances surrounding the seizing of the property. (c) The district attorney or other prosecuting officer of the judicial circuit upon receiving such report shall at once institute, or cause to be instituted, condemnation proceedings in the circuit court, in the same manner that he is directed by law to institute proceedings for the condemnation and forfeiture of automobiles and other vehicles used in the illegal transportation of alcoholic beverages. Except as herein otherwise provided, the procedures for the condemnation, forfeiture and sale of motor vehicles and hunting equipment under this act used in the illegal nighttime hunting of deer shall be governed in all things by and shall conform to the law relative to proceedings for the condemnation, forfeiture and sale of vehicles used in the illegal transportation of alcoholic beverages. Without limiting the generality of the foregoing sentence the provisions of Sections 28-4-286 and 28-4-287, shall apply to and govern all such proceedings. (d) The proceeds of the sale of any property condemned and forfeited to the state under authority of this section, after payment of all expenses in the cause, including the cost of seizure and a keeping of the property pending the proceedings, shall be paid into the State Treasury to the credit of the state Game and Fish Fund. (Acts 1979, No. 79-626, p. 1107, §§1-4.)

Ala. Code § 9-11-253 Transportation or Shipment of Skins or Hides of Fur-Bearing Animals Without Payment of State Tax; Bonds of Dealers.

9-11-253. Transportation or Shipment of Skins or Hides of Fur-Bearing Animals Without Payment of State Tax; Bonds of Dealers. It shall be a violation of this article, subject to the same penalties as are provided for other offenses in Section 9-11-235, for any person, firm or corporation or association to ship or carry from this state any skin or hide of any fur-bearing animal on which the state tax is due without the state tax first being paid. Any nonresident dealer or his or its agent operating in this state shall be required to post a cash deposit or bond of $1,000.00, and any resident dealer shall be required to post a cash deposit or a bond of $500.00 to guarantee payment of all taxes due by such dealer under the provisions of this article. (Acts 1935, No. 383, p. 813, §11; Code 1940, T. 8, §94.)

Ala. Code § 9-11-254 Limitation as to Number of Traps for Taking, Etc., of Fur-Bearing Animals; Penalty.

9-11-254. Limitation as to Number of Traps for Taking, Etc., of Fur-Bearing Animals; Penalty. No person using traps for the purpose of taking or catching fur-bearing animals shall be permitted to set or have set in any one day more than 150 traps. A violation of the provisions of this section shall be a misdemeanor, and the person so violating shall be punished by a fine of not less than $10.00 nor more than $25.00 for each offense. (Acts 1935, No. 383, p. 813, § 13; Code 1940, T. 8, §96.)

Ala. Code § 9-11-255 Transportation, Shipment, Etc., of Protected Birds or Game.

9-11-255. Transportation, Shipment, Etc., of Protected Birds or Game. Any person, firm, association, or corporation who takes, ships, or transports without or within this state any of the birds or game protected by the laws of this state, unless the same are in the personal possession of or are carried openly by the owner thereof or person killing the same, who has in his or her possession a nonresident’s license if the game is to be carried without this state or a resident’s license if the game is to be transported wholly within this state shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine of not less than $25.00 nor more than $50.00; provided, however, that under proper regulations by the Department of Conservation and Natural Resources issued by the Commissioner of Conservation and Natural Resources, any person may transport as baggage or by express not more than two days’ bag limit of any game birds or animals taken legally; and provided further, that the baggage or express is marked or tagged with the shipping tag procured from the Department of Conservation and Natural Resources and a fee of $.25 paid therefor. Failure or refusal on the part of any person to comply with this section shall be deemed a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for each offense. (Acts 1935, No. 383, p. 813, §20; Code 1940, T. 8, §103; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-256 Liability of Common Carriers, Etc., Transporting, Shipping, Etc., Protected Birds or Game.

9-11-256. Liability of Common Carriers, Etc., Transporting, Shipping, Etc., Protected Birds or Game. Any person, company, corporation or common carrier who shall ship or transport any game birds or game animals or parts thereof without first ascertaining that the person, firm or corporation offering same for shipment or transportation has in his possession a license authorizing his possession of same and covering the period when such shipment is offered and the license tax required in this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 nor more than $50.00. (Acts 1935, No. 383, p. 813, §21; Code 1940, T. 8, §104.)

Ala. Code § 9-11-257 Hunting or Discharge of Firearm From, Upon, or Across Public Roads, Etc.

9-11-257. Hunting or Discharge of Firearm From, Upon, or Across Public Roads, Etc. Any person, except a duly authorized law enforcement officer acting in the line of duty or person otherwise authorized by law, who hunts or discharges any firearm from, upon, or across any public road, public highway, or railroad, or the rights-of-way of any public road, public highway, or railroad, or any person, except a landowner or his or her immediate family hunting on land of the landowner, who hunts within 50 yards of a public road, public highway, or railroad, or their rights-of-way, with a centerfire rifle, a shotgun using slug or shot larger in diameter than manufacturer’s standard designated number four shot, or a muzzleloading rifle .40 caliber or larger in this state, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than one thousand dollars ($1,000), and shall be punished for the second and each subsequent offense by a fine of not less than two thousand dollars ($2,000) and shall have all hunting license privileges revoked for one year from the date of conviction. (Acts 1935, No. 383, p. 813, §23; Code 1940, T. 8, §105; Acts 1982, No. 82-522, p. 870, §1; Acts 1988, 1st Ex. Sess., No. 88-945, p. 566, §1; Act 99-442, p. 1007, §1; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-258 Persons Hunting Deer at Night Liable for Killing Stock.

9-11-258. Persons Hunting Deer at Night Liable for Killing Stock. If any person hunting deer by fire in the nighttime kills any horse, mare, colt or other domestic animal, he is liable to double damages in a civil action instituted by the owner of the property. (Code 1852, §1114; Code 1867, §1295; Code 1876, §1600; Code 1886, §1378; Code 1896, §420; Code 1907, §4485; Code 1923, §8260; Code 1940, T. 8, §106.)

Ala. Code § 9-11-259 Game, Birds or Animals to Be Transported Openly; Confiscation, Etc., of Game, Birds or Animals Transported or Taken Illegally.

9-11-259. Game, Birds or Animals to Be Transported Openly; Confiscation, Etc., of Game, Birds or Animals Transported or Taken Illegally. All game, birds or animals taken or killed in this state must at all times be carried or transported openly, and failure to do so shall constitute a misdemeanor punishable by a fine of not less than $10.00 nor more than $25.00. All game, birds or animals carried or transported in an illegal manner or taken or killed illegally shall be confiscated and disposed of under regulations promulgated by the Commissioner of Conservation and Natural Resources. (Acts 1935, No. 383, p. 813, § 24; Code 1940, T. 8, §107.)

Ala. Code § 9-11-260 Acquisition of Lands, Expenditure of Revenues, Etc., by Commissioner for Propagation of Game Birds, Game and Fur-Bearing Animals.

9-11-260. Acquisition of Lands, Expenditure of Revenues, Etc., by Commissioner for Propagation of Game Birds, Game and Fur-Bearing Animals. The Commissioner of Conservation and Natural Resources is hereby authorized on behalf of the State of Alabama to engage in the propagation of game birds, game and fur-bearing animals, and for this purpose the said Commissioner of Conservation and Natural Resources is authorized and empowered to secure by lease, gift or otherwise lands in the State of Alabama suitable for the propagation of birds or animals, the increase from which shall be planted under proper regulations of the Commissioner of Conservation and Natural Resources for brood stock for propagation purposes. He shall be further authorized to expend revenues out of the Game and Fish Fund for the purpose of erecting suitable buildings, the purchase of all necessary equipment and the employment of expert assistance in the breeding and propagation of birds and animals. (Acts 1933, Ex. Sess., No. 71, p. 65, §1 1/2; Code 1940, T. 8, §108.)

Ala. Code § 9-11-261 Permits for Propagation of Game Birds, and Game or Fur-Bearing Animals for Private Purposes.

9-11-261. Permits for Propagation of Game Birds, and Game or Fur-Bearing Animals for Private Purposes. (a) The Commissioner of Conservation and Natural Resources, upon the payment of a fee of $1.00, may issue an annual permit to any individual, association, partnership, firm, or corporation owning property in the State of Alabama permitting the permit holder to engage in the business of raising game birds and game or fur-bearing animals for propagation purposes in the State of Alabama under the rules and methods as may be prescribed by the Department of Conservation and Natural Resources, for the exclusive purpose of stocking private or protected lands under the ownership, supervision, or control of the holder of the permit. The holder of the permit shall not be authorized to dispose of any game or fur-bearing animals propagated under the permit authorized by this section. (b) Any permittee having game birds or game or fur-bearing animals in his or her possession at the time of the expiration of the permit so issued and held and who fails or refuses to renew the permit on or before the beginning of the new fiscal year shall immediately make such disposition of the game birds or game or fur-bearing animals as may be provided in regulations issued and promulgated by the Commissioner of Conservation and Natural Resources. (c) Any individual, association, partnership, firm, or corporation violating this section or any regulations based thereunder shall forfeit the permit held at the time of the violation and in addition therefor shall be adjudged guilty of the violation and upon conviction shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). (Acts 1935, No. 383, p. 813, §3; Code 1940, T. 8, §109; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-263 Consent to Acquisition of Lands, Etc., for Establishment of Migratory Bird Reservations.

9-11-263. Consent to Acquisition of Lands, Etc., for Establishment of Migratory Bird Reservations. Consent of the State of Alabama is given to the acquisition by the United States by purchase, gift, devise or lease of such areas of land or water or of land and water in the State of Alabama as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the act of Congress approved February 18, 1929, entitled “An Act to more effectively meet the obligations of the United States under the Migratory Bird Treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of water to furnish in perpetuity reservations for the adequate protection of such birds; and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes,” reserving, however, to the State of Alabama full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection and control thereof by the United States under the terms of said act of Congress. (Acts 1931, No. 119, p. 188, §1; Code 1940, T. 8, §110.)

Ala. Code § 9-11-264 Liability for Injury or Damage to Persons or Domestic Animals of Persons Using Traps, Etc., to Take, Capture, Etc., Fur-Bearing Animals; Exemption of Lawrence County.

9-11-264. Liability for Injury or Damage to Persons or Domestic Animals of Persons Using Traps, Etc., to Take, Capture, Etc., Fur-Bearing Animals; Exemption of Lawrence County. Any person shall be strictly liable for civil damages who causes the injury or damage to any person or domestic animal as a result of using any trap or similar device on public land to take, capture, or kill any of the fur-bearing animals protected by the laws or regulations of this state. Any person who suffers injury or damage to his person or domestic animal as a result of such activity shall have an action for civil damages and such aggrieved person need not prove negligence. The provisions of this section shall not apply to Lawrence County. (Acts 1977, No. 801, p. 1381, §2; Acts 1979, No. 79-123, p. 154, §1; Act 2015-485, §1.)

Ala. Code § 9-11-265 Trapping on or from Right-of-Way of State Highway; Exemption of Lawrence County.

9-11-265. Trapping on or from Right-of-Way of State Highway; Exemption of Lawrence County. It shall be unlawful for anyone to trap on or from a state highway right-of-way unless the trapper has the permission of adjoining landowners. The provisions of this section shall not apply to Lawrence County. (Acts 1977, No. 801, p. 1381, §3; Acts 1979, No. 79-123, p. 154, §1.)

Ala. Code § 9-11-265.1 Sections 9-11-264 and 9-11-265 Inapplicable in Limestone County.

9-11-265.1. Sections 9-11-264 and 9-11-265 Inapplicable in Limestone County. The provisions of Sections 9-11-264 and 9-11-265 shall not apply to Limestone County. (Acts 1978, No. 432, p. 440, § 1.)

Ala. Code § 9-11-266 Checking of Traps; Hanging or Suspending of Bait Over or Within 25 Feet of Steel Trap.

9-11-266. Checking of Traps; Hanging or Suspending of Bait Over or Within 25 Feet of Steel Trap. All traps set in or beneath water must be checked at least once every 72 hours. All traps other than water sets must be checked at least once every 24 hours. It shall be unlawful for anyone to hang or suspend bait over or within 25 feet of a steel trap. (Acts 1977, No. 801, p. 1381, §4.)

Ala. Code § 9-11-267 Filing of Reports as to Animals Trapped, Purchased, Etc., by Persons Licensed to Trap Fur-Bearing Animals and by Fur Dealers.

9-11-267. Filing of Reports as to Animals Trapped, Purchased, Etc., by Persons Licensed to Trap Fur-Bearing Animals and by Fur Dealers. Any person licensed to trap fur-bearing animals in the State of Alabama shall file with the Division of Wildlife and Freshwater Fisheries office in Montgomery a report listing by county the number and type of animals trapped during the preceding season and the names and addresses of the persons or companies to whom the furs were sold. Any person, firm or corporation licensed as a fur dealer pursuant to the laws of Alabama shall file a report with the Division of Wildlife and Freshwater Fisheries office in Montgomery listing the names and addresses of each trapper from whom furs were purchased and describing the number and type of furs purchased from each trapper. All reports required by this section must be submitted no later than 45 days after the close of each trapping season. (Acts 1977, No. 801, p. 1381, §5.)

Ala. Code § 9-11-268 Penalty for Violations of Provisions of Sections 9-11-265, 9-11-266 and 9-11-267.

9-11-268. Penalty for Violations of Provisions of Sections 9-11-265, 9-11-266 and 9-11-267. A violation of the provisions of Sections 9-11-265, 9-11-266 and 9-11-267 or failure to fully comply therewith shall constitute a misdemeanor and the person violating same or failing to comply therewith shall be punished by a fine of not less than $50.00 nor more than $200.00 for each offense. (Acts 1977, No. 801, p. 1381, §6; Acts 1978, No. 432, p. 440, §1.)

Ala. Code § 9-11-269 Protection of Flattened Musk Turtle.

9-11-269. Protection of Flattened Musk Turtle. (a) The flattened musk turtle (sternotherus minor depressus) is a reptile unique to the State of Alabama. The Legislature finds the protection of this unique specie is required for its survival. (b) Except as provided in subsection (c) of this section, it is unlawful for any individual, corporation, partnership, trust, association, or any other entity to: (1) Hunt, wound, injure, kill, trap, collect or capture a flattened musk turtle (sternotherus minor depressus), or to attempt to engage in such conduct; or (2) Sell, offer for sale, purchase, offer to purchase, deliver, transport, carry or ship, in intrastate, interstate, or foreign commerce a flattened musk turtle (sternotherus minor depressus), whether alive or dead, or any of its parts or products, or to attempt to engage in such conduct. (c) The Alabama Department of Conservation and Natural Resources shall permit, under such reasonable terms and conditions as it may prescribe consistent with this section, any act otherwise prohibited by subsection (b) of this section for one of the following purposes: scientific or survival research, zoological exhibition, or education; provided that, the prohibitions of subsection (b)(2) of this section shall not be effective until 30 calendar days after passage of this section; and provided further, that the prohibitions of subsection (b)(1) of this section regarding the killing and injuring of a flattened musk turtle (sternotherus minor depressus) shall not apply to activities where such killing or injuring is incidental to, and not the purpose of, such activities which are otherwise lawful; provided further, that the prohibitions of subsection (b) and the permitting process of subsection (c) shall not apply to any flattened musk turtle captured prior to the passage of this section, or to any offspring of such previously captured flattened musk turtle. (d) Any individual, corporation, partnership, trust, association or other entity who violates the provisions of subsection (b) of this section shall, upon conviction be fined not more than $5,000.00, or imprisoned for not more than one year, or both. (Acts 1984, No. 84-621, p. 1259.)

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