General Provisions.

Ala. Code tit. 9, ch. 11, art. 1

in effect

Ala. Code § 9-11-1 Definitions.

9-11-1. Definitions. As used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) HEREIN, HEREAFTER and HEREOF. Unless otherwise especially restricted or enlarged, the terms refer to the whole of the conservation laws of this state. (2) OFFICER. The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense. (3) THIS CHAPTER or PROVISIONS OF THIS CHAPTER. The words shall be taken and construed to include all rules and regulations of the Commissioner of Conservation and Natural Resources passed under and by the authority provided in the game and fish laws of this state. (4) WARDEN. The game and fish warden or agent provided for in the game and fish laws of this state. (Acts 1935, No. 240, p. 632, §46; Code 1940, T. 8, §45; Act 2018-201, §1.)

Ala. Code § 9-11-2 Acquisition of Lands for State Game Lands; Erection, Etc., of Buildings for Propagation of Game, Birds or Fish.

9-11-2. Acquisition of Lands for State Game Lands; Erection, Etc., of Buildings for Propagation of Game, Birds or Fish. The Commissioner of Conservation and Natural Resources may with the consent and approval of the Governor by lease, gift or otherwise acquire title to or control over lands within the state suitable for protection and propagation of game and fish or for public hunting and fishing purposes or to be used otherwise as provided in this chapter, to be known as state game lands. The director may purchase, erect and equip such buildings as may be deemed necessary for propagating game, birds or fish; provided, however, that all purchases made under the powers conferred in this section shall be subject to the provisions of Chapters 4 and 5 of Title 41. (Acts 1935, No. 240, p. 632, §24; Code 1940, T. 8, §25.)

Ala. Code § 9-11-2.1 Closing of Existing Hunting Lands; Replacement Acreage; Annual Reports.

9-11-2.1. Closing of Existing Hunting Lands; Replacement Acreage; Annual Reports. (a) For the purposes of this section, the following terms shall have the following meanings: (1) DEPARTMENT. The Alabama Department of Conservation and Natural Resources. (2) DEPARTMENT-MANAGED LANDS. Privately owned lands that are leased or managed by the department. (3) DEPARTMENT-OWNED LANDS. Lands owned by the department and lands owned by the state over which the department holds management authority. (4) HUNTING. The lawful pursuit, trapping, shooting, capture, collection, or killing of wildlife or the lawful attempt to pursue, trap, shoot, capture, collect, or kill wildlife. (b) Department-owned lands and department-managed lands shall be open to access and use for hunting except as limited by the department for reasons of demonstrable public safety, fish or wildlife management, homeland security, or as otherwise limited by law. (c) The department, in exercising its authority pursuant to state law, shall exercise its authority, consistent with this section in a manner that supports, promotes, and enhances hunting opportunities to the extent authorized by state law. (d) Department land management decisions and actions shall not result in any net loss of habitat land acreage available for hunting opportunities on department-owned lands that exist on March 22, 2010. The department shall expeditiously find replacement acreage for hunting to compensate for closures of any existing hunting land. Replacement land, to the greatest extent possible, shall be located within the same administrative region of the department and shall be consistent with the hunting discipline that the department allowed on the closed land. (e) Any state agency or water management district that owns or manages lands shall assist, coordinate, and cooperate with the department to allow hunting on the lands if the lands are determined by the department to be suitable for hunting. To ensure no net loss of land acreage available for hunting, state agencies and water management districts shall cooperate with the department to open new, additional hunting lands to replace lost hunting acreage. Lands officially designated as units within the state park system may not be considered for replacement hunting lands and may only be opened for hunting when necessary as a wildlife control or management tool as determined by the Division of State Parks of the department. (f) By October 1 of each year, the division director of the Division of Wildlife and Freshwater Fisheries of the department shall submit to the Legislature a written report describing all of the following: (1) The acreage owned or managed by the department that was closed to hunting during the previous fiscal year and the reasons for the closures. (2) The acreage owned or managed by the department that was opened to hunting to compensate for closures of existing land pursuant to this section. (g) By October 1 of each year, any state agency or water management district that owns or manages lands shall submit a written report to the department and the Legislature describing all of the following: (1) A list of properties that were open for hunting during the previous fiscal year. (2) A list of properties that were not open for hunting during the previous fiscal year. (3) The acreage for each property and the county where each property is located, except for right-of-way lands and parcels under 50 acres. (Act 2010-213, p. 349, §1.)

Ala. Code § 9-11-3 Title and Deeds to Acquired Lands; Supervision of Same.

9-11-3. Title and Deeds to Acquired Lands; Supervision of Same. The title to any land acquired by gift or otherwise shall first be approved by the Attorney General, and such title shall vest in the state. The deed to any such lands shall be recorded in the county where such land lies and shall be deposited with the Commissioner of Conservation and Natural Resources. The supervision of and over such lands shall be under the control of the Commissioner of Conservation and Natural Resources. (Acts 1935, No. 240, p. 632, §25; Code 1940, T. 8, §26.)

Ala. Code § 9-11-4 State Game Refuges or Sanctuaries; Shooting Preserves, Game Refuges, Etc., in National Forests, Etc.

9-11-4. State Game Refuges or Sanctuaries; Shooting Preserves, Game Refuges, Etc., in National Forests, Etc. The Commissioner of Conservation and Natural Resources may on approval of the Governor establish and maintain state game refuges or sanctuaries for the protection, preservation or propagation of game birds, animals or fish on all or any portion of lands or waters held in fee or trust under lease by the state, and game birds, animals or fish shall not be hunted, pursued, disturbed or molested thereon at any time. The Commissioner of Conservation and Natural Resources may also, by and with the consent of the federal authorities, maintain, develop and cause to be utilized for hunting state shooting preserves, game refuges and sanctuaries in national forests or other federal owned lands. (Acts 1935, No. 240, p. 632, §26; Code 1940, T. 8, §27.)

Ala. Code § 9-11-5 Commissioner, Wardens, Etc., Constituted Peace Officers.

9-11-5. Commissioner, Wardens, Etc., Constituted Peace Officers. The Commissioner of Conservation and Natural Resources, his wardens, agents and employees shall be and are hereby constituted peace officers of the State of Alabama with full and unlimited police power and jurisdiction to enforce the provisions of the game and fish laws and the rules and regulations promulgated thereunder, and they may exercise such power in any county of the State of Alabama or in or on any waters of the State of Alabama or within the territorial jurisdiction of the state. (Acts 1935, No. 240, p. 632, §47; Code 1940, T. 8, §46.)

Ala. Code § 9-11-6 Violations of Fish and Game Laws - Jurisdiction; Reporting of Convictions and Disposition of Fines.

9-11-6. Violations of Fish and Game Laws - Jurisdiction; Reporting of Convictions and Disposition of Fines. The district courts of Alabama shall be and are hereby given final jurisdiction to try and convict persons, firms or corporations violating any of the provisions of the game and fish laws or the rules and regulations promulgated thereunder, and they shall remit to the Commissioner of Conservation and Natural Resources on or before the first day of each month all fines and forfeitures collected by them for the violation of such laws, rules and regulations as prescribed in the game and fish laws, together with a statement of the name of the person, firm or corporation convicted of such violation, the time of such conviction, the amount of the fine or penalty, the date of the remittance and the specific charge for which the defendant was tried. (Acts 1935, No. 240, p. 632, §48; Code 1940, T. 8, §47.)

Ala. Code § 9-11-7 Violations of Fish and Game Laws - District Attorneys to Prosecute; District Attorney’s Fee.

9-11-7. Violations of Fish and Game Laws - District Attorneys to Prosecute; District Attorney’s Fee. The district attorney of any county in which any violation of the provisions of the game and fish laws or the rules and regulations set out therein occurs, or his or her assistant, shall appear on behalf of the state and prosecute the offender. The district attorney’s fee shall be taxed against the defendant in any district court in the same manner as taxed in other cases involving criminal violations in the district court. (Acts 1935, No. 240, p. 632, § 51; Code 1940, T. 8, §50; Acts 1945, No. 449, p. 687, §1; Acts 1995, No. 95-544, p. 1142, §1.)

Ala. Code § 9-11-8 Violations of Fish and Game Laws - Authority of Enforcement Officers, Etc., Generally; Arrest Without Warrant.

9-11-8. Violations of Fish and Game Laws - Authority of Enforcement Officers, Etc., Generally; Arrest Without Warrant. All enforcement officers and inspectors employed by the Commissioner of Conservation and Natural Resources are clothed with the power and authority of deputy sheriffs and shall arrest without warrant and carry before the district court of the county in which an offense is committed any person violating any of the provisions of the game and fish laws or the rules and regulations made and promulgated thereunder. (Acts 1935, No. 240, p. 632, § 52; Code 1940, T. 8, §51.)

Ala. Code § 9-11-9 Violations of Fish and Game Laws - Service and Return of Warrant as to Firms or Corporations.

9-11-9. Violations of Fish and Game Laws - Service and Return of Warrant as to Firms or Corporations. In cases of violation of any of the provisions of the game and fish laws or the rules and regulations based thereunder by any person, firm or corporation, the warrant of arrest may be read to the president, secretary or manager of such firm or corporation in this state or to any general or local agent thereof in any county where the action or indictment is pending; and, upon the return of such warrant so served, the corporation shall be deemed in court and subject to jurisdiction thereof, and any fine imposed may be collected by execution against the property of said corporation; provided, however, that this section shall not be so construed as to except or exempt from prosecution any agent or employee of such corporation. (Acts 1935, No. 240, p. 632, § 53; Code 1940, T. 8, §52.)

Ala. Code § 9-11-10 Violations of Fish and Game Laws - Clerks to Report Results of Prosecutions.

9-11-10. Violations of Fish and Game Laws - Clerks to Report Results of Prosecutions. Every court or clerk of any court before whom any prosecution under the provisions of the game and fish laws is had shall, on or before the first of the month following after trial or dismissal thereof, report in writing to the Commissioner of Conservation and Natural Resources the result thereof and the amount of the fine collected, if any, and the disposition of same. (Acts 1935, No. 240, p. 632, § 54; Code 1940, T. 8, §53.)

Ala. Code § 9-11-11 Violations of Fish and Game Laws - Charging of Several Offenses.

9-11-11. Violations of Fish and Game Laws - Charging of Several Offenses. Two or more offenses may be charged in the same affidavit, complaint or indictment, and proof as to a part of a game bird, animal or fish shall be sufficient to sustain a charge as to the whole of it; and the violation as to any number of animals, birds or fish of the same kind may be charged in the same count and punished as separate offenses as to each game bird, animal or fish. (Acts 1935, No. 240, p. 632, §55; Code 1940, T. 8, §54.)

Ala. Code § 9-11-12 Violations of Fish and Game Laws - Fees of Arresting Officers.

9-11-12. Violations of Fish and Game Laws - Fees of Arresting Officers. When an arrest for a violation of the provisions of the game and fish laws is made by a salaried officer and the defendant is convicted, there shall be taxed, as cost, the same fee as a sheriff in the state is entitled to for similar services and which, if collected from the defendant, shall be immediately remitted by the trial court directly to the Commissioner of Conservation and Natural Resources, and said fee shall be used for the purpose of the administration of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources. If the arrest is made by a nonsalaried warden or officer and said fee is collected from the defendant, such nonsalaried warden or officer shall be entitled to said fee, but in no case shall such nonsalaried warden or officer be entitled to any part of a fine assessed and collected from the defendant; provided, however, that no fees shall be allowed in cases of acquittal. (Acts 1935, No. 240, p. 632, §56; Code 1940, T. 8, §55; Acts 1945, No. 296, p. 493, §1; Acts 1959, No. 417, p. 1106, §1.)

Ala. Code § 9-11-13 Violations of Fish and Game Laws - Style of Proceedings.

9-11-13. Violations of Fish and Game Laws - Style of Proceedings. The proceedings before the district court must be prosecuted in the name of the State of Alabama. (Acts 1935, No. 240, p. 632, §49; Code 1940, T. 8, §48.)

Ala. Code § 9-11-14 Violations of Fish and Game Laws - Procedure on Appeal.

9-11-14. Violations of Fish and Game Laws - Procedure on Appeal. Appeals from the district court to the circuit court shall be governed by the procedure set forth in Chapter 12 of Title 12 of this code. (Acts 1935, No. 240, p. 632; Code 1940, T. 8, §56.)

Ala. Code § 9-11-15 Violations of Fish and Game Laws - Judgment on Appeal.

9-11-15. Violations of Fish and Game Laws - Judgment on Appeal. If the judgment is affirmed on appeal, judgment shall be entered against the defendant for the total amount of the fine, together with all the accrued costs in the case. (Acts 1935, No. 240, p. 632, §50; Code 1940, T. 8, §49.)

Ala. Code § 9-11-16 Seizure, Forfeiture and Disposal of Prohibited Devices, Etc., Used in Catching, Killing, Etc., Fish or Fur-Bearing Animals.

9-11-16. Seizure, Forfeiture and Disposal of Prohibited Devices, Etc., Used in Catching, Killing, Etc., Fish or Fur-Bearing Animals. (a) It shall be the duty of the Commissioner of Conservation and Natural Resources or any of his wardens or agents to seize all instruments or devices prohibited by or constructed contrary to law and used unlawfully in trapping, capturing and killing fur-bearing animals in this state, as well as all instruments or devices prohibited by or constructed contrary to law and used unlawfully in taking, catching or killing fish in the public streams or waters of this state and after such seizure to hold the same for evidence. (b) In all cases of arrests and convictions for the use of such unlawful or illegal instruments or devices, such instruments or devices are declared to be a nuisance and shall be carried before the court having jurisdiction of such offense, and said court shall order such instruments or devices forfeited to the Department of Conservation and Natural Resources immediately after trial and conviction of the person in whose possession such devices or instruments were found. When any illegal instrument or device prohibited by this section is found and the owner of same shall not be known to the officer finding same, such officer shall procure from the judge of any court having jurisdiction an order forfeiting said instrument or device to the Department of Conservation and Natural Resources. (c) The Department of Conservation and Natural Resources may destroy such instrument or device or may otherwise dispose of the same as it shall deem advisable. (Acts 1933, Ex. Sess., No. 72, p. 67, § 9; Code 1940, T. 8, §76; Acts 1947, No. 610, p. 458, § 1.)

Ala. Code § 9-11-18 Furnishing of Equipment for Game and Fish Wardens.

9-11-18. Furnishing of Equipment for Game and Fish Wardens. Game and fish wardens may be furnished with necessary skiffs, outboard motors and other equipment necessary in the performance of their duties as such game and fish wardens, said equipment to be furnished by the director and paid out of the conservation fund; provided, that no equipment shall be furnished by the director to wardens appointed for privately owned preserves and refuges; provided further, that the purchase of such equipment shall be made in compliance with the provisions of Chapters 4 and 5 of Title 41. (Acts 1935, No. 240, p. 632, §62; Code 1940, T. 8, §58.)

Ala. Code § 9-11-19 Assent to Federal Act Relating to Fish Restoration and Management Projects; Disposition of Fishing License Fees Generally.

9-11-19. Assent to Federal Act Relating to Fish Restoration and Management Projects; Disposition of Fishing License Fees Generally. The State of Alabama hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950 (Public Law 681, 81st Congress), and the Department of Conservation and Natural Resources of the State of Alabama is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the secretary of the appropriate federal agency thereunder; and no funds accruing to the State of Alabama from license fees paid by fishermen shall be diverted for any other purpose than the administration of the game and fish activities of the Department of Conservation and Natural Resources and for the protection, propagation, preservation and investigation of fish and game. (Acts 1951, No. 523, p. 913, §1.)

Ala. Code § 9-11-20 Release of Turkeys into Wild Areas of State Prohibited; Exceptions; Penalty.

9-11-20. Release of Turkeys into Wild Areas of State Prohibited; Exceptions; Penalty. (a) It shall be unlawful to release any tame turkey, or any other turkey, whether wild or tame, into any of the wild areas of this state. (b) The provisions of this section shall not apply to any turkeys kept by any farmer or homeowner of this state for normal agricultural purposes or for personal consumption. (c) Nothing in this section is intended to prohibit the stocking of wild turkeys by authorized personnel of the Department of Conservation and Natural Resources for propagation or research purposes. (d) Any person who shall be convicted of violating any provision of this section shall be deemed guilty of a “violation” under the criminal code of this state and shall be punished as provided for in said code. (Acts 1980, No. 80-601, p. 1019, §§1-4.)

Ala. Code § 9-11-21 Investigation of Hunting Deaths by Grand Jury; Reporting of Such Accidents.

9-11-21. Investigation of Hunting Deaths by Grand Jury; Reporting of Such Accidents. (a) Any hunting accident involving a gun or bow and arrow when such accident results in death and when such death is caused by one person against another, upon the recommendation of the conservation department, shall be investigated by the grand jury of the county in which said death occurs. (b) All accidents referred to in subsection (a) of this section shall be reported by the law enforcement agency chiefly involved in the investigation of said death to the office of the Director of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources within 72 hours of said death, by the coroner and the sheriff’s department of the county in which the death occurred. (Acts 1987, No. 87-730, p. 1423, §§1, 2.)

Ala. Code § 9-11-22 Commercial Fishing Equipment Required to Be Affixed with Tags; Identifying Information.

9-11-22. Commercial Fishing Equipment Required to Be Affixed with Tags; Identifying Information. (a) Notwithstanding any other provision of law, all commercial fishing equipment used in the waters of this state shall be affixed with a tag which has information adequate to identify the commercial fisherman owning the equipment imprinted on the tag. The Commissioner of Conservation and Natural Resources shall adopt rules requiring the use of a unique identification number or license number to identify the owner of commercial fishing equipment without requiring the disclosure of the owner’s Social Security number, home address, or other sensitive personally identifying information. (b) A violation of this section shall be a Class B misdemeanor. (Acts 1995, No. 95-214, p. 351, §1; Act 2019-308, §1.)

Ala. Code § 9-11-23 Alabama Marine Resources Endowment Fund.

9-11-23. Alabama Marine Resources Endowment Fund. (a) There is created within the Marine Resources Fund, a special account to be known as the Alabama Marine Resources Endowment Fund. The assets of the fund shall consist of all of the following: (1) The proceeds from the sale of the lifetime resident saltwater fishing license and two hundred fifty dollars ($250) of the proceeds from the sale of the combination lifetime freshwater and saltwater fishing, combination lifetime saltwater fishing and hunting, and combination lifetime freshwater and saltwater fishing and hunting licenses, provided in subsections (a), (b), (c), and (d) of Section 9-11-65.2. (2) The proceeds of any gifts, grants, and contributions to the state which are specifically designated for inclusion in the fund. (3) Any other sources as may be specified by law. (b) The fund shall be administered by the Alabama Marine Resources Endowment Fund Board of Trustees, which shall consist of the Director of Finance, the Secretary Treasurer of the State Employees’ Retirement System, and the Commissioner of the Department of Conservation and Natural Resources. The board of trustees shall have the power and authority to invest and reinvest the assets of the fund within the guidelines, limitations, and restrictions that govern investment of the State Employees’ Retirement Fund. (c) The Alabama Marine Resources Endowment Fund is declared to be a special trust derived from a contractual relationship between the state and the members of the public whose license fees or other contributions accrue to the fund. The following limitations and restrictions are placed on expenditures from the fund: (1) Any limitations or restrictions specified by donors on the uses of the income derived from gifts, grants, and voluntary contributions shall be respected, but shall not be binding. (2) Expenditures or disbursements shall not be made from the principal of the fund except as otherwise provided by law. (d) The income derived annually from the Alabama Marine Resources Endowment Fund shall be credited to the Marine Resources Fund regular accounts and expended as provided by law. (Act 99-660, 2nd Sp. Sess., p. 117, §3.)

Ala. Code § 9-11-24 Violation of Fish and Game Laws - Assessment of Court Costs.

9-11-24. Violation of Fish and Game Laws - Assessment of Court Costs. (a) Except as otherwise provided in subsections (b) and (c), the total court costs assessed against a defendant convicted of a game and fish violation pursuant to this chapter shall not exceed the amount of any fine assessed against the defendant. (b) This section shall not apply to a conviction for hunting at night in violation of Section 9-11-235, or for hunting on the lands of another without permission pursuant to Section 9-11-241. (c) This section shall not apply to or take into account any court costs specifically levied by constitutional amendment or to any court costs which are specifically pledged to the repayment of a bond issue. (d) Any court cost reduction provided by this section shall be remitted on a proportional basis in the same manner as total court costs otherwise provided except for court costs excepted pursuant to subsection (c) which shall be remitted in full as otherwise provided. (Act 2000-746, p. 1667, §1.)

Ala. Code § 9-11-25 Licenses and Permits Not Transferable; Penalties.

9-11-25. Licenses and Permits Not Transferable; Penalties. (a) Licenses and permits issued by the Department of Conservation and Natural Resources pursuant to this chapter are not transferable, and it is unlawful for any person to borrow, lend, or alter the licenses or permits or for any issuing officer to backdate any license or permit. (b) A person who violates this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred fifty dollars ($250). (Act 2004-449, p. 794, §2.)

Ala. Code § 9-11-26 Penalty for Offering to Sell Shellfish, Wild Fish, or Farm-Raised Fish Processed with Certain Banned Drugs.

9-11-26. Penalty for Offering to Sell Shellfish, Wild Fish, or Farm-Raised Fish Processed with Certain Banned Drugs. Any person, including a processor, distributor, retailer, or food service establishment, who knowingly offers for direct retail sale for human consumption any shellfish, wild fish, or farm-raised fish that has been processed with chloramphenicol, nitrofurans, or similar veterinary drugs, which are used in processing some imported seafood and banned by the United States Food and Drug Administration, shall be punished, on conviction, by a fine of not more than ten thousand dollars ($10,000) or a sentence of not more than one year, or both. (Act 2004-526, p. 1104, §1.)

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