Spearfishing.

Ala. Code tit. 9, ch. 11, art. 5

in effect

Ala. Code § 9-11-170 Spearing of Commercial or Nongame Fish for Sport - When, Where and How Permitted; Notice of Competitive Events.

9-11-170. Spearing of Commercial or Nongame Fish for Sport - When, Where and How Permitted; Notice of Competitive Events. (a) The spearing of commercial or nongame fish solely for the purpose of sport in all waters of this state, both fresh and salt, shall be lawful; provided, that the person engaged in the act of spearing shall be completely submerged. “Commercial or nongame fish” as used in this article shall be limited to those freshwater fish designated as such by the Department of Conservation and Natural Resources and all species of saltwater fish. “Spearing” as used in this article shall be limited to the use of a spear or similar instrument that is held in the hand of the person using same and the use of a weapon, other than a firearm, which propels or forces a projectile, arrow or similar device therefrom to which a wire, rope, line, cord or other means of recovering the propelled projectile, arrow or similar device is attached and is secured to the weapon or to the person using the weapon. (b) When a group of individuals shall meet for the purpose of a competitive spearfishing event, notice thereof shall be given to the Department of Conservation and Natural Resources at least one week prior thereto designating the time, date and place of the event. (Acts 1961, 1st Ex. Sess., No. 266, p. 2282, §1.)

Ala. Code § 9-11-171 Spearing of Commercial or Nongame Fish for Sport - License - Required; Issuance; Fees; Disposition of Revenue from Sale.

9-11-171. Spearing of Commercial or Nongame Fish for Sport - License - Required; Issuance; Fees; Disposition of Revenue from Sale. Each person engaged in the spearing of commercial or nongame fish shall, in addition to all other Alabama fishing licenses, have a commercial or nongame fish spearfishing license. The fee for the commercial or nongame spearfishing license shall be as follows: state resident’s license, $5.00; nonresident seven-day license, $2.50; nonresident annual license, $7.50. Said licenses shall be issued only by the Department of Conservation and Natural Resources, Montgomery, Alabama. The revenue derived from the sale of the licenses provided for in this article shall be covered into the State Treasury to the credit of the Game and Fish Fund. (Acts 1961, Ex. Sess., No. 266, p. 2282, §1.)

Ala. Code § 9-11-172 Spearing of Commercial or Nongame Fish for Sport - License - Display.

9-11-172. Spearing of Commercial or Nongame Fish for Sport - License - Display. Said commercial or nongame spearfishing license must be kept in the boat or other base of operations for said skin diver and readily available for inspection by any conservation officer, agent or employee of the Department of Conservation and Natural Resources. (Acts 1961, Ex. Sess., No. 266, p. 2282, §2.)

Ala. Code § 9-11-173 Regulation of Seasons, Hours, Etc.

9-11-173. Regulation of Seasons, Hours, Etc. The Commissioner of Conservation and Natural Resources shall have the power to open and close spearfishing of commercial or nongame fish on any and all waters of this state or at any time of the day or night by regulation and shall have the power to further regulate or restrict spearfishing if he deems it necessary in the interest of good conservation practices. (Acts 1961, Ex. Sess., No. 266, p. 2282, §3.)

Ala. Code § 9-11-174 Compliance with Water Safety Laws.

9-11-174. Compliance with Water Safety Laws. The provisions of Chapter 5 of Title 33 of this code requiring a diver’s flag to be displayed on the surface of the water where skin divers are operating and any and all other present and future regulations promulgated under authority of said act which affect the operation of skin divers must be obeyed by spear fishermen when engaged in spearfishing under authority of this article. (Acts 1961, Ex. Sess., No. 266, p. 2282, §4.)

Ala. Code § 9-11-175 Possession of Spear, Etc., Evidence of Spearfishing; Exception.

9-11-175. Possession of Spear, Etc., Evidence of Spearfishing; Exception. The possession of a spear, spear gun or spearing device in a boat, on the bank of a body of public water or on or in the public waters of this state shall be prima facie evidence to the court having jurisdiction that the person in possession of the same is engaged in spearfishing, unless said person is frog gigging only. (Acts 1961, Ex. Sess., No. 266, p. 2282, §5; Acts 1975, No. 1207, p. 2520, §1.)

Ala. Code § 9-11-176 Penalty for Violations.

9-11-176. Penalty for Violations. Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided for by law, except that the fine under this article shall be not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). (Acts 1961, Ex. Sess., No. 266, p. 2282, §6; Act 2008-384, p. 714, §1.)

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