Licenses Generally.

Ala. Code tit. 9, ch. 12, art. 2, div. 2

in effect

Ala. Code § 9-12-80 License Fees for Nonresidents.

9-12-80. License Fees for Nonresidents. Those who are not bona fide residents of the State of Alabama and boats owned or operated by persons who are not bona fide residents of this state and boats of foreign corporations or boats taking oysters out of the state shall pay the same fee as that charged Alabama residents or boats to fish or conduct the same activity in the applicant’s state of residence; and to provide that in no event shall nonresidents and boats pay less than twice the cost for said licenses that Alabama residents pay and further provided, that where the amount of nonresident license fee is stipulated by the law creating the same, this amount shall govern; and further provided, that this section shall not apply to citizens of other states which have reciprocal fishing agreements with this state. (Code 1886, §4164; Code 1896, §5584; Code 1907, §7505; Acts 1921, Ex. Sess., No. 12, p. 12; Code 1923, §§2737, 4078, 5113; Code 1940, T. 8, §120; Acts 1953, No. 799, p. 1091, §1; Acts 1987, No. 87-561, §1.)

Ala. Code § 9-12-82 License Required for Taking of Oysters for Commercial Purposes; Penalty; Aquaculture License; Disposition of Funds.

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 of oysters from the waters or bottoms of the State of Alabama, the person shall first purchase an annual oyster catcher license. The license shall expire annually on September 30 and shall be twenty-five dollars ($25) . However, persons may take for personal, noncommercial purposes, from waters opened to commercial oystering, not more than 100 oysters per day without purchasing an oyster catcher license. (b) Before any oyster aquaculture site or facility permitted by the state Department of Public Health engages in the taking of oysters from the waters or bottoms of this state, the oyster aquaculture permittee shall first purchase an annual oyster aquaculture license. The license shall allow employees of the aquaculture facility to engage in harvesting and sorting of oysters or to conduct other approved activities for the licensed facility without possessing an individual oyster catcher license. Authorized employees shall meet the requirements for harvest in accordance with all other rules of the Department of Conservation and Natural Resources and the state Department of Public Health. The license shall expire annually on September 30 and shall be two hundred fifty dollars ($250). (c) A violation of this section shall be a Class C misdemeanor. (d) The proceeds from the sale of the license shall be deposited to the credit of the Marine Resources Fund and the license shall expire on September 30 of each year. (Acts 1953, No. 796, p. 1089, §1; Acts 1981, No. 81-850, p. 1528, §1; Acts 1984, 2nd Ex. Sess., No. 85-48, p. 71, §1; Acts 1988, No. 88-577, p. 897, §2; Act 2018-452, §1.)

Ala. Code § 9-12-82.1 Product Tastings Authorized for Oyster Agriculture Licensees.

9-12-82.1. Product Tastings Authorized for Oyster Agriculture Licensees. (a) For purposes of this section, the term “product tasting” means providing oysters at no cost to the consumer for sampling to determine the qualities of the oysters, such as taste and texture. (b) Notwithstanding any law or rule to the contrary, including a permit or licensure requirement, an oyster aquaculture licensee may harvest, shuck, and serve oysters from the aquaculture facility for product tasting. (c) Subsection (b) shall not be construed to exempt the harvest of oysters from any harvest restrictions levied pursuant to Section 9-12-126. (Act 2026-250, §1)

Ala. Code § 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.

9-12-83. 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 be deposited in the State Treasury to the credit of the Seafoods Fund. (Acts 1953, No. 796, p. 1089, §2.)

Ala. Code § 9-12-85 Affidavits of Applicants for Licenses for Boats or Vessels.

9-12-85. Affidavits of Applicants for Licenses for Boats or Vessels. When application is made for a license for any boat or vessel which is not enrolled in the customhouse of the United States, other than skiffs or vessels of one ton burden or less, the applicant for such license shall make an affidavit as to the tonnage of said boat or vessel before some officer authorized to administer oaths, which affidavit shall be attached to his application for a license. For this purpose any member of the Department of Conservation and Natural Resources, the Director, Marine Resources Division of the Department of Conservation and Natural Resources, and all inspectors are authorized to administer the necessary oath for said affidavit. It shall be the duty of the Director, Marine Resources Division of the Department of Conservation and Natural Resources to verify the said affidavit by having the measurement of said boat taken when he shall be of the opinion that any boat is not paying a proper license fee. (Acts 1936-37, Ex. Sess., No. 169, p. 192, §15; Code 1940, T. 8, §136.)

Ala. Code § 9-12-87 License for Dredge.

9-12-87. License for Dredge. Every dredge authorized to be used in catching or removing oysters from the public reefs, beds or bottoms of this state shall be licensed by the Department of Conservation and Natural Resources. Before such license is issued, the applicant shall pay to the department of conservation and natural resources or its duly authorized agent a fee of $25.00 for each and every dredge used in taking or catching oysters. The license so issued shall be dated and shall be effective only for the season issued and then only in a manner and place and at a time under regulations and authority of the Department of Conservation and Natural Resources. (Acts 1936-37, Ex. Sess., No. 169, p. 192, §21; Code 1940, T. 8, §140.)

Ala. Code § 9-12-93 License for Boat Used for Taking or Carrying Shrimp.

9-12-93. License for Boat Used for Taking or Carrying Shrimp. It shall be unlawful for any person to use any boat for the purpose of drawing a seine or trawl used in catching shrimp or hauling or carrying shrimp without first having secured an annual license due and payable on or before the opening date of the season as set by the Commissioner of Conservation and Natural Resources in each and every year as follows: For each and every boat owned by a resident of this state, there shall be an annual license fee of fifty dollars ($50) for commercial boats under 30 feet in length, seventy-five dollars ($75) for commercial boats from 30 to 45 feet in length, one hundred dollars ($100) on commercial boats over 45 feet in length, and fifteen dollars ($15) on all recreational boats regardless of length. Recreational boats can use trawls of 16 feet or less as measured at the cork line or main top line to catch, or attempt to catch, shrimp for bait or noncommercial purposes, not to exceed five gallons per person aboard per day only at the same time and in waters open to commercial shrimping. Nonresidents shall pay a license fee equal to that paid by Alabama residents or boats to shrimp in their state but no less than double the amount provided for above, except where a nonresident is a resident of a state which has a reciprocal fishing agreement with the State of Alabama where the state does not itself charge residents of Alabama license fees in excess of those charged residents of that state. All proceeds from licenses under this section shall be placed to the credit of the Marine Resources Fund. (Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §155; Acts 1961, Ex. Sess., No. 106, p. 2026, §1; Acts 1988, No. 88-577, p. 897, §4; Acts 1994, No. 94-618, p. 1150, §1.)

Ala. Code § 9-12-94 Persons Taking Oysters or Shrimp to Have Licenses in Possession.

9-12-94. Persons Taking Oysters or Shrimp to Have Licenses in Possession. All persons to whom a license is issued to catch oysters or shrimp must have the same constantly in their possession while taking oysters or shrimp, and it shall be unlawful to take oysters or shrimp unless a properly issued license to do so is in the possession of the person operating a boat engaged in taking oysters or shrimp or other persons engaged therein. (Acts 1919, No. 259, p. 242, §21; Code 1923, §2756; Code 1940, T. 8, §124.)

Ala. Code § 9-12-95 Commercial Party Boat License; Fee; Requirements; Expiration; Penalty.

9-12-95. Commercial Party Boat License; Fee; Requirements; Expiration; Penalty. (a) Any person, firm, or corporation who engages in the business of carrying one or more persons fishing in salt and brackish waters of the State of Alabama for a fee shall purchase a commercial party boat license. The fee for a commercial party boat license shall be $200.00 for boats certified for up to six passengers, $300.00 for boats certified for seven to twenty-five passengers, and $500 for boats certified for more than twenty-five passengers. Upon making application for the license, the applicant shall provide evidence of a United States Coast Guard license for operating a passenger boat. Any law or regulation to the contrary notwithstanding, passengers on the commercial party boats may fish in the territorial waters of Alabama, and land fish in this state caught within or beyond the territorial waters without purchasing a fishing license. Persons to whom the commercial party boat license is issued shall also be issued identification decals in the form and number as determined by the Division of Marine Resources of the Department of Conservation and Natural Resources. The licensees shall place and maintain the decals in the locations on the commercial party boats as specified by the Division of Marine Resources. (b) Any person who is entitled to purchase a commercial party boat license may procure the license by applying to any judge of probate, license commissioner, or any other authorized officer, stating his or her name, age, and post office box address, and paying to the issuing officer the required fee for the license. (c) Any license issued pursuant to this section shall not be transferable, and it shall be unlawful to borrow, lend, or alter any license. No license-issuing officer may back date any license. All licenses shall expire on September 30 of each year. (d) Any violation of this section shall be a Class C misdemeanor punishable as provided by law and with an additional mandatory fine of twice the amount of the required license. (e) The net revenues derived from the sale of licenses pursuant to this section, shall be remitted to the Department of Conservation and Natural Resources on the first day of each month by the issuing officer and shall be deposited into the State Treasury to the credit of the Marine Resource Fund. Those revenues shall be used solely for the development, protection, and propagation of saltwater sport fisheries in this state. (Acts 1992, No. 92-245, p. 593, §§1 to 5.)

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