Fishing Laws.

Ala. Code tit. 9, ch. 11, art. 3

in effect

Ala. Code § 9-11-80 Public and Private Waters Defined.

9-11-80. Public and Private Waters Defined. (a) All waters of this state are hereby declared to be public waters if such waters are natural bodies of water such as rivers, creeks, brooks, lakes, bayous, bays, channels, canals or lagoons or are dug, dredged or blasted canals and if these waters traverse, bound, flow upon or through or touch lands title to which is held by more than one person, firm or corporation. Any water impounded by the construction of any lock or dam or other impounding device placed across the channel of a navigable stream is declared a public water. All waters caused to be impounded or owned or leased by any municipality, county or other governmental unit are also declared to be public waters; likewise, all impoundments owned or operated by public utilities when such impoundments touch or bound lands title to which is held by more than one person, firm or corporation are declared to be public waters; provided, that before any person may go or be upon the posted lands of another for the purpose of fishing he shall procure the consent of the landowner or his agent. (b) Private waters are defined as any body of water wholly on lands held in fee or in trust or under lease by any one person, firm, corporation or club and include impoundments that are wholly on lands held in fee or in trust, or under lease by any one person, firm, corporation or club, and regardless of the extent of the impounded stream, provided such stream is nonnavigable. (Acts 1933, Ex. Sess., No. 72, p. 67; Code 1940, T. 8, §68; Acts 1943, No. 553, p. 541, § 1.)

Ala. Code § 9-11-81 Title to Freshwater Fish Vested in State.

9-11-81. Title to Freshwater Fish Vested in State. The title ownership to all fish in the public fresh waters of the State of Alabama is vested in the state for the purpose of regulating the use and disposition of the same in accordance with the provisions of the laws of this state and regulations based thereon. (Acts 1933, Ex. Sess., No. 72, p. 67, §1; Code 1940, T. 8, §59.)

Ala. Code § 9-11-82 Game Fish Designated.

9-11-82. Game Fish Designated. For the purposes of this title the following shall be considered game fish: largemouth and smallmouth black bass, commonly called trout or green trout; bream, crappie or perch and all other members of the sunfish family, including rock bass or goggle eye, calico bass, warmouth, redbreast, white perch, speckled perch, bluegill and copper nose; walleye pike, sauger or jack salmon, jack fish or pickerel and all other members of the pickerel and pike families; and white lake bass, commonly called striped bass, yellow bass and other members of the bass family; also, the saltwater striped bass or rock fish when taken in fresh water. (Acts 1933, Ex. Sess., No. 72, p. 67, § 2; Code 1940, T. 8, §60; Acts 1961, Ex. Sess., No. 192, p. 2165, § 1; Acts 1961, Ex. Sess., No. 239, p. 2252, § 1.)

Ala. Code § 9-11-83 Commercial or Nongame Fish Designated.

9-11-83. Commercial or Nongame Fish Designated. The following shall be considered commercial fish or nongame fish: drum, buffalo, channel catfish and all members of the catfish family and the spotted sucker and all members of the sucker family, including the species known as red horse and black horse. (Acts 1933, Ex. Sess., No. 72, p. 67, §8; Code 1940, T. 8, §61.)

Ala. Code § 9-11-84 Sale, Transportation, Etc., of Game Fish Taken from Public or Private Waters.

9-11-84. Sale, Transportation, Etc., of Game Fish Taken from Public or Private Waters. (a) It shall be unlawful for any person to sell or offer for sale within this state, or ship or transport for sale within or without this state, or to ship into this state any game fish caught or taken in any of the fresh waters, whether public or private, of this state or any other state. All species of black bass, white bass, yellow bass, saltwater striped bass, bream, and pickerel, as well as walleye, sauger, black and white crappie, and yellow perch are designated game fish for the purpose of this section. (b) This section shall not apply to the sale of game fish raised in hatcheries and sold for the purposes of stocking ponds and lakes, nor shall it apply to the sale of nonnative game fish raised for human consumption, nor shall it apply to the sale of yellow perch, largemouth bass, shellcracker, and bluegill bream raised in farm ponds; provided, that, prior to any sale provided for in this section, the seller shall have first obtained a permit for the sale from the Commissioner, Department of Conservation and Natural Resources. (c) Nothing in this section shall prevent the practice of private pond owners or managers charging for game fish caught by fishermen from the pond when the charges are based on the number of fish caught or the total pounds caught. (d) A violation of this section shall constitute a misdemeanor; and, upon conviction thereof, the person, firm, or corporation convicted shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each offense. (Acts 1975, No. 1172, p. 2303, §§1-4; Act 2008-384, p. 714, §1; Act 2011-682, p. 2013, §1.)

Ala. Code § 9-11-84.1 Permit Requirements for the Introduction of Black Bass into the Coosa River.

9-11-84.1. Permit Requirements for the Introduction of Black Bass into the Coosa River. (a) The Commissioner of the Department of Conservation and Natural Resources shall issue a permit to a municipality or private entity associated with fishing or conservation that allows the introduction and placement of black bass into the Coosa River if all of the following are satisfied: (1) The municipality or private entity obtains the black bass from a fish hatchery located in this state which is approved by the department. (2) The only black bass that may be introduced or placed into the Coosa River are the Northern Largemouth Bass (Micropterus salmoides salmoides) subspecies, the Florida Bass (Micropterus salmoides floridanus) subspecies, or a first generation offspring of these two subspecies. (3) The municipality or private entity bears all costs associated with the purchase, transport, and introduction of the black bass. (b) The commissioner, under his or her authority granted in Sections 9-2-2 and 9-2-7, may deny a permit as provided for in this section due to environmental, pathogenic, or biological factors or for the protection of public health and welfare. (c) Nothing in this section shall prohibit the commissioner from issuing permits for the introduction and placement of other subspecies of black bass into segments of the Coosa River when the commissioner determines that the introduction and placement of those subspecies is appropriate for the fishery. (d) The department shall adopt rules as necessary to implement this section. EndFragment (Act 2024-90, §1.)

Ala. Code § 9-11-85 Game Fish to Be Transported Openly; Confiscation, Etc., of Game Fish Taken or Transported Illegally.

9-11-85. Game Fish to Be Transported Openly; Confiscation, Etc., of Game Fish Taken or Transported Illegally. All game fish taken 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 fish 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, §64.)

Ala. Code § 9-11-86 Limitation on Transportation, Etc., of Game Fish Beyond Boundaries of State.

9-11-86. Limitation on Transportation, Etc., of Game Fish Beyond Boundaries of State. No person, firm, or corporation shall carry, ship, or transport beyond the boundaries of this state more than one day’s creel limit of any species of game fish and then only for his or her personal use. Any person violating this section shall be guilty of a misdemeanor and, on conviction, shall be fined not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). (Acts 1933, Ex. Sess., No. 72, p. 67, §8; Code 1940, T. 8, §65; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-87 Means of Catching Game Fish Generally.

9-11-87. Means of Catching Game Fish Generally. It shall be unlawful for any person to take, catch, or kill or attempt to take, catch, or kill any game fish by any other means than ordinary hook and line, artificial lure, troll, or spinner in any of the public waters of this state. Any person who violates this section shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). (Acts 1933, Ex. Sess., No. 72, p. 67, §10; Code 1940, T. 8, §66; Acts 1961, Ex. Sess., No. 191, p. 2164, §1; Acts 1961, Ex. Sess., No. 298, p. 2360, §1; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-88 Catching Game or Nongame Fish by Use of Gill, Trammel, Etc., Nets.

9-11-88. Catching Game or Nongame Fish by Use of Gill, Trammel, Etc., Nets. (a) It shall be unlawful for any person to take, catch, capture, or kill any game or nongame fish by use of a gill, trammel, or similar type net in the waters impounded by Jordan Dam, Lay Dam, Mitchell Dam, and Martin Dam. Whoever violates this subsection is guilty of a misdemeanor and, upon conviction, shall be punished as prescribed by law. (b) It shall be unlawful for any person to take, catch, capture, or kill any game or nongame fish by use of a gill, trammel, or similar type net in that part of the Tennessee River lying within the boundaries of Alabama and all tributaries thereto. Any person violating this subsection 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 five hundred dollars ($500), or by imprisonment in the county jail for six months, or by both a fine and imprisonment. (Acts 1973, No. 1234, p. 2081, §1; Acts 1976, No. 336, p. 366, §§1, 2; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-89 Use of Game Fish for Bait - Generally.

9-11-89. Use of Game Fish for Bait - Generally. It shall be unlawful for any person in the State of Alabama to use any game fish for fish bait at any time. (Acts 1933, Ex. Sess., No. 72, p. 67, §11; Code 1940, T. 8, §67.)

Ala. Code § 9-11-90 Use of Game Fish for Bait - Use of Sunfish.

9-11-90. Use of Game Fish for Bait - Use of Sunfish. It shall be lawful to use the following species of the sunfish family for bait in the streams and waters of Alabama: bluegill, redear sunfish, green sunfish and/or any other species of bream; provided, that nothing in this section shall be so construed as to allow any person to have in his possession any sunfish or bream in excess of the daily creel limit, regardless of size. (Acts 1953, No. 644, p. 903, §1; Acts 1967, No. 572, p. 1327, §1.)

Ala. Code § 9-11-91 Catching, Etc., of Fish in Private Ponds, Lakes, Pools, or Reservoirs.

9-11-91. Catching, Etc., of Fish in Private Ponds, Lakes, Pools, or Reservoirs. (a) It is unlawful for any person to take, catch, or kill or attempt to take, catch, or kill fish or aid in the taking, catching, or killing of fish of any species by the means or use of a seine, net, trap, or any similar or other device which may be used for taking, catching, killing, or stunning fish, or by the use of hook and line, rod and reel, by use of dynamite or other explosives, or by the use of any poison, poisonous substance, fishberries, lime, or other deleterious or poisonous matter in any private pond, private lake, private pool, or private reservoir of this state, except as otherwise specifically provided in this section. (b) Any person who violates subsection (a) shall be guilty of a misdemeanor and, on conviction, shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500), but if the violation is for seining, netting, dynamiting, or poisoning fish in such private bodies of water, the fine shall be not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), and the convicted violator may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months at the discretion of the court. (c) This section shall not apply to the owner of any private pond, private lake, private pool, or private reservoir, or to any member of his or her family, duly authorized agent, lessee, any other person holding from the owner specific written authorization, or any person who accompanies the owner or person in possession or control of such private body of water. (d) Any federal or state agent engaged in research, restocking, or rescue work shall be exempt from this section, or any private fish culturist who holds a written permit from the owner or person in charge of the private pond, private lake, private pool, or private reservoir shall also be exempt. (e) All money arising from fines, penalties, or forfeitures for violations of this section shall be forwarded to the Commissioner of Conservation and Natural Resources by the trial court on the first day of each month and shall be covered into the Game and Fish Fund of the Department of Conservation and Natural Resources. (Acts 1951, No. 924, p. 1573, §§1-5; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-91.1 Unauthorized Fishing from or Near Fish Farm.

9-11-91.1. Unauthorized Fishing from or Near Fish Farm. (a) It shall be unlawful for any person to fish or take fish from any fish farm except with the consent of the owner thereof. Any person possessing fishing tackle on the premises of a fish farm shall be rebuttably presumed to be fishing. (b) Any motor vehicle, or fishing tackle, or other fishing equipment which has been or is used for illegal fishing shall be contraband, and, in the discretion of the circuit court may be forfeited to the county wherein the violation occurred, as provided by law. A commercial fish pond shall be posted with signs which are readable from the public right-of-way. (c) The sheriff or any other person authorized to enforce the game and fish laws of this state who apprehends any person violating the provisions of this section, or who finds any vehicle which is being or has been used in illegal fishing shall seize the vehicle and any fishing tackle and other fishing equipment found in the possession of or on the person of the person, or in or on the vehicle, and shall report the 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 the seizure, and a statement of the circumstances surrounding the seizing of the property. (d) The district attorney or other prosecuting officer of the judicial circuit upon receiving the report may at once institute, or cause to be instituted, condemnation proceedings in the circuit court, in the same manner that he or she 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 fishing equipment under this section used in the illegal fishing 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. (e) The proceeds of the sale of any property condemned and forfeited to any county 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 county in which the violation occurred. (f) Any lienholder with a perfected security interest recorded in accordance with the Uniform Commercial Code may recover the vehicle in kind or may recover the balance remaining after deduction of any costs of recovery and sale. (g) Except as provided in subsection (i), any person violating this section shall be guilty of a misdemeanor and fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and, at the discretion of the court, by imprisonment in the county jail for a period not to exceed one year, or both fine and imprisonment, and for subsequent offenses, fined not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) and a mandatory jail sentence for not less than 30 days nor more than one year. (h) It shall be unlawful for any person to fish from any public road or public road right-of-way at any location along the road or right-of-way within 100 yards of any commercial fish pond. This section shall not apply to free flowing streams, ponds, or other independent bodies of water which are separate and apart from a commercial fish pond and do not receive fish due to overflows of a commercial fish pond. (i) Any person who violates subsection (h) shall be guilty of a misdemeanor and fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and, at the discretion of the court, by imprisonment in the county jail for a period not to exceed 48 hours, or both fine and imprisonment, and for subsequent offenses, fined not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) and a mandatory jail sentence of not less than 30 days nor more than one year. No confiscation of nor condemnation of property shall be initiated for violation of subsection (h). (Acts 1983, 2nd Ex. Sess., No. 83-152, p. 160, §§1,2; Act 2000-687, p. 1396, §1.)

Ala. Code § 9-11-92 Preventing Passage of Fish Up Rivers or Creeks.

9-11-92. Preventing Passage of Fish Up Rivers or Creeks. Any person who by means of traps or other obstructions other than dams prevents the passage of fish up the waters of any river or creek in this state must, on conviction, be fined not more than $100.00, but it shall not be unlawful to erect or maintain a dam on a nonnavigable stream for the impounding of private waters for the production of fish for food and recreation or for the furtherance of any lawful business without providing or maintaining means for the passage of fish up such stream. (Code 1886, §4167; Code 1896, §5587; Code 1907, §6898; Acts 1911, No. 364, p. 405; Code 1923, §4059; Code 1940, T. 8, §78; Acts 1943, No. 530, p. 505, §1.)

Ala. Code § 9-11-93 Catching, Killing, Etc., of Fish by Use of Poisons or Explosives.

9-11-93. Catching, Killing, Etc., of Fish by Use of Poisons or Explosives. Any person who takes, catches, kills, or attempts to take, catch, or kill fish by depositing in any public stream or public body of water in Alabama any poison, poisonous substance, fishberries, lime, or other deleterious or poisonous matter, or any person who takes, catches, kills, or attempts to take, catch, or kill fish in any of the public streams or public bodies of water in this state by the use of giant powder, dynamite, gunpowder, or any other explosive substance, on conviction, shall be fined not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), to be paid into the State Treasury to the credit of the Game and Fish Fund of the Department of Conservation and Natural Resources. (Code 1852, §206; Code 1867, §3753; Code 1876, §4211; Code 1886, §4168; Code 1896, §5588; Code 1907, §6899; Code 1923, §4060; Code 1940, T. 8, §79; Acts 1947, No. 611, p. 458, §1; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-94 Catching, Killing, Etc., of Game or Nongame Fish by Means Not Expressly Allowed.

9-11-94. Catching, Killing, Etc., of Game or Nongame Fish by Means Not Expressly Allowed. (a) It shall be unlawful for any person to take, catch, stun, or kill or attempt to take, catch, stun, or kill any game or nongame fish by any means other than those which are expressly allowed by law or regulation of the Department of Conservation and Natural Resources in any of the public waters of this state. (b) Any person who uses any electrical device or any other device or instrument capable of taking, catching, stunning, or killing game or nongame fish, which is not expressly allowed by law or regulation of the Department of Conservation and Natural Resources shall be in violation of this section, and the violation shall be punishable by a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000). Any person convicted the second time of violating this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000). The court, for any conviction, may also impose a jail sentence of not longer than six months. (c) The possession of any electrical device or any other device or instrument, on the bank of a public stream or other public body of water or in a boat on such water which is capable of taking, catching, stunning, or killing fish and which device or instrument is not expressly allowed by law or regulation of the Department of Conservation and Natural Resources shall be prima facie evidence that the device or instrument is being used illegally for the purpose of taking, catching, stunning, or killing or attempting to take, catch, stun, or kill game or nongame fish. (Acts 1951, No. 786, p. 1384, §§1-3; Act 2008-384, p. 714, §1.)

Ala. Code § 9-11-94.1 Purchase of Tags Required for Each Tarpon Taken, Killed, or Harvested.

9-11-94.1. Purchase of Tags Required for Each Tarpon Taken, Killed, or Harvested. (a) It shall be unlawful for any person to possess or kill or harvest from the public waters of this state the fish commonly known as the tarpon (Megalops Atlanticus), and has been designated as the official state saltwater fish of the State of Alabama, pursuant to Section 1-2-8, without first obtaining from the Marine Resources Division of the State of Alabama Department of Conservation and Natural Resources a tag which shall be affixed to the tarpon immediately upon the kill or harvest from the public waters of Alabama. (b) The cost of the tags for the tarpon shall be $50 per tag, and the Marine Resources Division may promulgate rules and regulations concerning the sale of the tags and the quantity thereof which may be purchased by any person during one calendar year. (c) Any person who violates this section shall be guilty of a Class C misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $250 for each offense. (Acts 1993, No. 93-750, p. 1487, §§1-3.)

Ala. Code § 9-11-95 Disposition of Fines, Forfeitures, Etc.

9-11-95. Disposition of Fines, Forfeitures, Etc. All money arising under the provisions of this article from fines, forfeitures, etc., and not otherwise provided for shall be forwarded to the Treasurer on the first day of each month and covered into the Game and Fish Fund. (Code 1907, §6903; Code 1923, §4064; Code 1940, T. 8, §81.)

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