General Provisions.

Ala. Code tit. 9, ch. 12, art. 2, div. 1

in effect

Ala. Code § 9-12-20 Ownership and Control of Seafoods.

9-12-20. Ownership and Control of Seafoods. All seafoods existing or living in the waters of Alabama not held in private ownership legally acquired and all beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds and inlets bordering on or connecting with the Gulf of Mexico or Mississippi Sound within the territorial jurisdiction of the State of Alabama, including all oysters and other shellfish and parts thereof grown thereon, either naturally or cultivated, shall be, continue and remain the property of the State of Alabama to be held in trust for the people thereof until title thereto shall be legally divested in the manner and form authorized in this article, and the same shall be under the exclusive control of the Department of Conservation and Natural Resources until the right of private ownership shall vest therein as provided in this article. (Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §112.)

Ala. Code § 9-12-21 “Natural Oyster Reef” Defined.

9-12-21. “Natural Oyster Reef” Defined. A natural oyster reef is declared and defined as not less than one acre in continuous area of any bottoms of any bay, sound, bayou, creek, inlet or any other body of salt or brackish water on which oysters grow naturally, or have grown naturally, in quantity sufficient to warrant fishing for them with hand tongs as a means of a livelihood within a period of five years next preceding the time at which said matter may be presented for consideration and determination by the Director, Marine Resources Division of the Department of Conservation and Natural Resources. But in no case shall an oyster bed be declared or defined to be a natural oyster reef when such bed is located within the limits where the owners of land fronting on such waters where oysters may be grown have the right to create and have created, by artificial means such as planting oysters or oyster shells or by any other means, culture grounds for the growth of oysters and have by these means caused the bottoms on which such beds are located to become hardened so that oysters will grow thereon naturally even though such bed so created exceeds one acre in continuous area and even though after these beds have been artificially created oysters grow naturally thereon, or have grown naturally thereon, in quantity sufficient to warrant fishing for them with hand tongs as a means of livelihood within the period of five years next preceding the time at which said matter may be presented for consideration and determination by the Director, Marine Resources Division of the Department of Conservation and Natural Resources. (Acts 1915, No. 107, p. 145, §20; Code 1923, §2734; Acts 1933, Ex. Sess., No. 115, p. 111; Code 1940, T. 8, §118.)

Ala. Code § 9-12-22 Right of Owners of Land Fronting Public Waters to Plant and Gather Oysters.

9-12-22. Right of Owners of Land Fronting Public Waters to Plant and Gather Oysters. All the beds and bottoms of the rivers, bayous, lagoons, lakes, bays, sounds and inlets within the jurisdiction of the State of Alabama are the property of the State of Alabama to be held in trust for the people thereof, but the owners of land fronting on such waters where oysters may be grown shall have the right to plant and gather same in the waters in front of their land to the distance of 600 yards from the shore measured from the average low water mark, but where the distance from shore to shore is less than 1,200 yards, the owners of either shore may plant and gather to a line equidistant between the two shores, but no person shall plant in any natural channel so as to interfere with navigation. The respective owners shall plant within lines extended into the water from points where the boundaries intersect the shore, as nearly as practicable, with a mean width corresponding with their respective frontages on the shore, but should the lines thus extended cross each other or seriously interfere with obtaining such mean width, then a line equidistant from the shore lines of the respective owners shall be the boundary between such planting grounds. No riparian right shall vest in any person to any part of the natural and public reefs; provided, that the Department of Conservation and Natural Resources shall have authority to regulate the time, manner, means or place or places for planting oysters or oyster shells. (Code 1896, §3155; Code 1907, §1581; Acts 1915, No. 107, p. 145, §1; Code 1923, §2724; Acts 1936-37, Ex. Sess., No. 169, p. 192, §2; Code 1940, T. 8, §113.)

Ala. Code § 9-12-23 Cancellation of Leases of Riparian Bottoms; Appeals.

9-12-23. Cancellation of Leases of Riparian Bottoms; Appeals. Should any privately leased riparian bottoms be subsequently determined to be natural oyster reefs, said lease or leases shall be canceled by the Commissioner of Conservation and Natural Resources; and, from the ruling so cancelling such lease or affecting the riparian rights, any person aggrieved may prosecute an appeal to the circuit court of the county in which the alleged natural reef is situated. (Acts 1915, No. 107, p. 145; Code 1923, §2735; Code 1940, T. 8, §119.)

Ala. Code § 9-12-24 Authority and Procedure for Leasing of Bottoms in Natural Oyster Reefs; Cancellation and Forfeiture of Leases; Disposition of Proceeds from Leases.

9-12-24. Authority and Procedure for Leasing of Bottoms in Natural Oyster Reefs; Cancellation and Forfeiture of Leases; Disposition of Proceeds from Leases. In addition to the powers heretofore enumerated, the Commissioner of Conservation and Natural Resources shall have power to lease to any citizen of Alabama or firm or corporation organized under the laws of this state and doing business within its limits, for the purpose of oyster culture, any bottom of the waters of the state in a natural oyster bed or reef in such areas and at such prices and under such conditions as he may determine. Such persons, firms or corporations desiring to avail themselves of the privileges of leasing oyster bottoms shall make application in writing to the Commissioner of Conservation and Natural Resources accompanied by such fee as may be prescribed by the Commissioner of Conservation and Natural Resources, whereupon a competent surveyor, selected by the Commissioner of Conservation and Natural Resources at the expense of the applicant, shall stake off the parcel to be leased, forwarding a description thereof to the Commissioner of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall thereupon sign and issue to said applicant a lease thereon, upon the payment in advance of the rental or lease price, which shall likewise be paid in advance at the beginning of each rental year thereafter during the continuation of the lease. The failure to pay the rental price or to plant less than the number of barrels upon the leased land agreed to or the failure to conform to any conditions of the lease shall ipso facto cancel said lease and shall forfeit to the state the leased bottoms. All funds derived through the leasing of oyster bottoms shall be paid into the Seafoods Fund of the Department of Conservation and Natural Resources. (Code 1896, §2774; Code 1907, §2727; Code 1923, §2725; Acts 1935, No. 226, p. 618, §11; Code 1940, T. 8, §114.)

Ala. Code § 9-12-25 Removal of Oysters by Lessees Upon Forfeiture of Lease; Regulations for Protection of Rights of Lessees.

9-12-25. Removal of Oysters by Lessees Upon Forfeiture of Lease; Regulations for Protection of Rights of Lessees. Upon forfeiture of a lease, the lessee may, in the reasonable discretion of the Commissioner of Conservation and Natural Resources, be allowed additional time to remove from said leased parcel as may seem proper, upon such terms as may be prescribed by the Commissioner of Conservation and Natural Resources, oysters remaining thereon which were planted by said lessee. The Department of Conservation and Natural Resources shall have authority by regulation to protect the lessees of oyster bottoms in their rights as such lessees. (Code 1923, §2726; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §115.)

Ala. Code § 9-12-26 Dragging of Seines Over Public Reefs or Private Oyster Grounds.

9-12-26. Dragging of Seines Over Public Reefs or Private Oyster Grounds. It shall be unlawful to drag any seines over the public reefs or private oyster grounds in this state. (Acts 1919, No. 259, p. 242, § 10; Code 1923, §2746; Code 1940, T. 8, §122.)

Ala. Code § 9-12-27 Standard Measures for Oysters and Shrimp; Possession, Use for Purchase or Sale, Etc., of Nonstandard Measures for Oysters or Shrimp; Inspections.

9-12-27. Standard Measures for Oysters and Shrimp; Possession, Use for Purchase or Sale, Etc., of Nonstandard Measures for Oysters or Shrimp; Inspections. (a) A standard measure for oysters is established which shall consist of a tub or other round vessel of the following dimensions: It shall measure 17 inches in diameter, inside at the bottom, and 21 1/2 inches in diameter, inside at the top, and 14 1/2 inches, inside, from the bottom to top perpendicularly. Two of these measures filled to the top shall make one barrel, and all oysters bought and sold in this state in the shell shall be measured in a measure of these dimensions or a measure holding a fraction or multiple thereof. (b) A standard measure for shrimp is established which shall consist of a container holding not less than 210 pounds of raw shrimp with heads or 125 pounds of raw shrimp without heads. (c) It shall be unlawful for any person to have in his possession any measure for oysters in the shell or shrimp which shall differ from the measure provided for in this section or demand or require a greater or less measure in buying or selling, and no vessel, container or measure shall be used in buying or selling oysters or shrimp until it has been measured and stamped by an inspector of the Division of Marine Resources. The said inspector shall visit from time to time each place where oysters or shrimp are bought and sold for the purpose of determining whether the terms of the provisions of this section are complied with. (Code 1896, §2160; Code 1907, §1585; Code 1923, §2729; Code 1940, T. 8, §116; Acts 1953, No. 711, p. 966, §1.)

Ala. Code § 9-12-28 Oysters Management Stations; Harvest Records.

9-12-28. Oysters Management Stations; Harvest Records. The Commissioner of Conservation and Natural Resources may establish by rule oyster management stations to be used by persons or boats harvesting or landing oysters taken from the public reefs or public water bottoms of this state. The oyster management stations so established in conjunction with other locations designated by the Director of the Marine Resources Division and approved in writing by the commissioner shall be the only ports used by persons or boats landing such oysters in Alabama by water and it is unlawful to so use any other port for landing oysters. When oyster management stations are opened, all oyster catchers taking oysters from the public reefs shall be required to check out and check in at a management station. The rule establishing oyster management stations may also provide for the Marine Resources Division to require oyster harvest records. A commercial oyster catcher shall record all information required for the completion of the oyster harvest record and shall retain the original of the oyster harvest record in his or her possession while transporting oysters taken from the public reefs or water bottoms of this state. Oysters shall only be sold to seafood dealers certified by the state Department of Public Health and licensed by the division. The oyster harvest record shall be available for inspection upon request by any agent of the Department of Conservation and Natural Resources or the state Department of Public Health. A violation of this section or any rule promulgated hereunder shall constitute a Class B misdemeanor, punishable as provided by Sections 13A-5-7 and 13A-5-12. (Acts 1919, No. 259, p. 242, §17; Code 1923, §2753; Acts 1931, No. 361, p. 424, §15; Code 1940, T. 8, §123; Act 2010-699, p. 1692, §1.)

Ala. Code § 9-12-29 Patrol Boats.

9-12-29. Patrol Boats. The Department of Conservation and Natural Resources shall provide the necessary patrol boats and shall appoint a deputy inspector for each patrol boat who shall be a seafaring man, competent to act as captain of the boat on which he may be assigned, and the Department of Conservation and Natural Resources shall provide all necessary crews to properly man said boats. They shall patrol daily the waters of the Mississippi Sound and the territorial waters of the State of Alabama under the direction of the Director, Marine Resources Division, Department of Conservation and Natural Resources and shall see that all oysters are properly culled on the reefs or beds where taken and that all laws appertaining to the taking, catching, canning, transporting or having in possession of all seafoods of the State of Alabama are complied with. (Acts 1936-37, Ex. Sess., No. 169, p. 192, § 7; Code 1940, T. 8, § 130.)

Ala. Code § 9-12-30 Patrolling of Private Oyster Reefs.

9-12-30. Patrolling of Private Oyster Reefs. The Director, Marine Resources Division, Department of Conservation and Natural Resources is hereby authorized and it shall be his duty to patrol or cause to be patrolled from time to time as he may see fit all those areas in Alabama territorial waters upon which are located private oyster reefs to prevent the illegal taking or removal by unauthorized persons of oysters on said private reefs. (Acts 1959, No. 509, p. 1246, §1.)

Ala. Code § 9-12-31 Boarding of Boats, Etc., and Entrance into Places of Business to Investigate Compliance with Laws.

9-12-31. Boarding of Boats, Etc., and Entrance into Places of Business to Investigate Compliance with Laws. The Department of Conservation and Natural Resources or its duly authorized agent or agents shall have authority to board any boat, barge or other watercraft which is engaged in the taking or catching of oysters or shrimp or to enter the place of business of any person, firm, corporation or association engaged in the seafood industry or sale of seafoods and by inspection or investigation determine whether such boat, barge or other craft or such business is in every respect being operated in full compliance with the provisions of the seafood laws of this state or regulations based thereunder or whether oysters or shrimp or other seafoods are being taken or canned, packed or processed or caught or transported in full compliance with the laws relating to oysters and shrimp or other seafoods or regulations based thereunder. (Acts 1936-37, Ex. Sess., No. 169, §31, p. 192; Code 1940, T. 8, §149.)

Ala. Code § 9-12-32 Surveys and Marking of Private Reefs; Filing of Plats and Lists of Agents and Permittees; Agents and Permittees to Carry Permits.

9-12-32. Surveys and Marking of Private Reefs; Filing of Plats and Lists of Agents and Permittees; Agents and Permittees to Carry Permits. It shall be the duty of each owner or lessee of any private reef to have established an accurate survey by a registered surveyor of the bottoms, beds, or reefs under his or her control, and each corner shall be clearly marked and defined with the owner’s or lessee’s name clearly attached. There shall also be established intermediate markers between the corners, the distance between which shall not exceed 600 feet extending from each corner of the private bed, bottom, or reef to the adjacent corner, and also from the outside corner every 600 feet to the high water mark on the associated beach, bank, or marsh edge. The plat of this area, including GPS coordinates of area corners, and any lease agreements or proof of right of ownership shall be filed with the Division of Marine Resources together with the list of any persons using the bed, bottom, or reef as the owner’s agent or permittee. Plats and lease agreements shall be provided to the division in such a manner as to remain current. The director of the division may require private oyster leases to be resurveyed every five years or at any time the director determines that the private leased area has substantially changed. The agent or permittee shall have in his or her possession at all times while on the bed, bottom, or reef a written, dated permit from the owner, which permit shall extend for a period not exceeding 30 days from the date of signature of the owner or lessor. Failure of the permittee or agent to have the permit in his or her possession shall constitute a misdemeanor and, upon conviction thereof, he or she shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) and may be imprisoned for a period not exceeding six months. (Acts 1959, No. 509, p. 1246, §2; Act 2010-699, p. 1692, §1.)

Ala. Code § 9-12-33 Culling and Sacking of Oysters.

9-12-33. Culling and Sacking of Oysters. (a) All oysters taken from the public reefs of this state shall be culled and sacked, and each sack tagged and identified in accordance with the requirements of the rules of the state Department of Public Health, prior to leaving the public reefs or water bottoms where taken or oyster management stations, and all oysters which measure less than three inches in length and all cultch material shall be immediately replaced by scattering and broadcasting upon the public reefs or water bottoms from which they have been taken. It shall be unlawful for any captain or person in charge of any vessel or any canner, packer, commission man, dealer, or other person to purchase, sell, or have in his or her possession or under his or her control any oysters off the public reefs or water bottoms not culled according to this section, or any oysters from the reefs or water bottoms under the legal size. Any excess of over five percent of cultch material and oysters under the size prescribed in this section shall be considered a violation of this section. In order that the conservation enforcement officer may arrive at the percentage of unculled oysters the officer may cause to be culled according to law all or any part of cargo or stock on hand, provided that, if any sack in the cargo or stock on hand is found to contain more than 10 percent of cultch material and oysters under three inches in length, it is a violation of this section and the officer may condemn the cargo and stock on hand and cause the same to be reculled and cause the shells and young oysters to be taken to some place designated by an agent of the Division of Marine Resources. (b) Any person who violates any of the provisions of this section or any rule promulgated hereunder shall be guilty of a misdemeanor and, upon conviction for his or her first offense, he or she shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). Upon a second conviction thereof, he or she shall be punished by a fine of not less than two hundred dollars ($200) nor more than three hundred dollars ($300). Upon a third conviction within two years of the first conviction, he or she shall be punished by a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500) and by the suspension of his or her commercial oyster license privileges for six months. (Acts 1936-37, Ex. Sess., No. 169, p. 192, §9; Code 1940, T. 8, §131; Acts 1945, No. 307, p. 500, §1; Acts 1953, No. 708, p. 964, §1; Acts 1963, 2nd Ex. Sess., No. 25, p. 192; Act 2010-699, p. 1692, §1.)

Ala. Code § 9-12-35 Cultivation, Transplantation, or Replanting of Public Reefs.

9-12-35. Cultivation, Transplantation, or Replanting of Public Reefs. The Director of the Marine Resources Division, or his or her agents, under the direction and control of the Department of Conservation and Natural Resources, may cultivate, transplant, or replant the public reefs of the state or may employ boats, crews, and laborers to cultivate or replant the public reefs of the state and may employ boats, crews, and laborers to dredge the oysters in the Alabama waters from places where they are too thick and shall spread them on reefs where they are too thin, and the Department of Conservation and Natural Resources, in cultivating the reefs, transplanting, and spreading oysters and shells, may expend such sums as it may deem proper. (Acts 1936-37, Ex. Sess., No. 169, p. 192, §11; Code 1940, T. 8, §133; Act 2010-699, p. 1692, §1.)

Ala. Code § 9-12-36 Taking of Oysters by Use of Mechanical Devices at Night.

9-12-36. Taking of Oysters by Use of Mechanical Devices at Night. It shall be unlawful for any person, firm or corporation to fish, catch or take oysters from any of the oyster reefs in the State of Alabama by the use of any tongs, dredge, rake or other mechanical device during the hours between sunset and sunrise of each day. (Acts 1936-37, Ex. Sess., No. 169, p. 192, § 13; Code 1940, T. 8, §134.)

Ala. Code § 9-12-37 Use of Mechanical Rake Dredges, Etc., Dredge License.

9-12-37. Use of Mechanical Rake Dredges, Etc., Dredge License. Owners of private oyster reefs, beds, or bottoms and the lessees or designated permittees of such reefs, beds, or bottoms may use any mechanical means at their disposal and at any time between the hours of sunrise and sunset, including the use of mechanical rake dredges, to cultivate and harvest or remove live oysters of any size upon or from such grounds. Such a person shall first obtain a dredge license as provided in Section 9-12-87. The license may be revoked by the Commissioner of Conservation and Natural Resources if any violation of any statute or rule relating to the use of the mechanical devices occurs, and the commissioner may thereafter refuse to issue a new license to the person. (Acts 1959, No. 632, p. 1538, §1; Act 2010-699, p. 1692, §1.)

Ala. Code § 9-12-40 Supervision of Taking of Oysters by Rake Dredges; Notice of Use of Rake Dredges.

9-12-40. Supervision of Taking of Oysters by Rake Dredges; Notice of Use of Rake Dredges. The taking of live oysters by means of rake dredges as provided for in Sections 9-12-37 through 9-12-41 shall be under the supervision of the Commissioner of Conservation and Natural Resources, and all rights granted to any person, firm or corporation by the provisions of Sections 9-12-37 through 9-12-41 may be exercised only after written notice shall have been given in each instance to the Division of Marine Resources by the person, firm or corporation desiring to use rake dredges as provided in Sections 9-12-37 through 9-12-41. (Acts 1959, No. 632, p. 1538, §4.)

Ala. Code § 9-12-41 Harvesting of Undersized Oysters.

9-12-41. Harvesting of Undersized Oysters. Should the private individual, firm or corporation operating under the conditions set forth in Section 9-12-39 or any of the permittees of said individual, firm or corporation be found guilty of harvesting undersize oysters as provided for by regulations governing the harvesting of oysters from public beds, bottoms or reefs on any beds, bottoms or reefs belonging to another individual, firm or corporation or on a public reef, bottom or bed, the conditions and privileges set forth in Section 9-12-39 shall be voided and withdrawn to said individual, firm or corporation and shall not be renewed for a period of one calendar year from the date of the conviction of said individual, firm or corporation or any of its permittees. (Acts 1959, No. 632, p. 1538, §5.)

Ala. Code § 9-12-42 Duty to Replant Oysters and Oyster Shells on Public Reefs; Option to Pay Replanting Costs, Etc.; Penalties.

9-12-42. Duty to Replant Oysters and Oyster Shells on Public Reefs; Option to Pay Replanting Costs, Etc.; Penalties. (a) The Marine Resources Division may establish by rule a shell fee to be used for the replanting of oyster cultch material on the public reefs of this state or for otherwise managing the oyster resources of this state. This fee shall be charged on a per sack basis to all seafood dealers who are purchasing oysters directly from the harvester. The fee shall be calculated and paid quarterly. The payment is due no later than one month after the end of the previous quarter. (b) The division shall establish an Oyster Management Fund and all monies paid to the department pursuant to the shell fee shall be deposited in this fund. The monies in this Oyster Management Fund shall be used by the division to replant cultch material on the public reefs of this state, to cultivate the public reefs of this state, or to otherwise manage the oyster resources of this state. (c) Should the person, firm, corporation, or association obligated to pay the shell fee fail to remit the fee to the division by the prescribed date, the Department of Conservation and Natural Resources may immediately institute in its name appropriate legal proceedings in any court having jurisdiction thereof to enforce the collection and payment of such amount as may be due as computed by the department, and the seafood dealers license of such person, firm, corporation, or association so in default may be revoked, nor shall any license for any subsequent year or years be issued to the person, firm, corporation, or association as long as the default continues; and, in addition, the person, firm, corporation, or association in default shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500). (Acts 1923, No. 504, p. 672; Code 1923, §2769; Acts 1936-37, Ex. Sess., No. 169, p. 192; Code 1940, T. 8, §139; Acts 1943, No. 422, p. 388, §1; Acts 1945, No. 308, p. 501, §1; Acts 1961, Ex. Sess., No. 108, p. 2028, §1; Act 2010-699, p. 1692, §1.)

Ala. Code § 9-12-46 Minimum Weight of Shrimp Taken, Etc., for Commercial Purposes; Possession, Sale, Etc., of Nonconforming Shrimp.

9-12-46. Minimum Weight of Shrimp Taken, Etc., for Commercial Purposes; Possession, Sale, Etc., of Nonconforming Shrimp. (a) The Commissioner of Conservation and Natural Resources shall set by rule areas that are closed for commercial and recreational shrimping subject to the restrictions provided in subsection (b). (b)(1) All inside waters, as defined by rules adopted by the Commissioner of the Department of Conservation and Natural Resources, shall be closed to all commercial and recreational shrimping from 6:00 a.m., May 1, to 6:00 a.m., June 1 of each year. (2) The portion of Mobile Bay that lies within the described area from Mayday Park to Great Point Clear, as defined by rule, shall be closed to commercial and recreational shrimping from 6:00 a.m., August 15, until 6:00 a.m. October 1 of each year. (c) The commissioner may provide for emergency open or closed seasons for the taking of shrimp due to biological, technical, or environmental factors or for the protection of public health and welfare. (d) Any person, firm, corporation or association who or which violates this section shall be guilty of a Class C misdemeanor, punishable as provided by law. (e) Nothing in this section shall be construed to apply to shrimp which are used solely as bait. (Acts 1939, No. 565, p. 891, §1; Code 1940, T. 8, §161; Acts 1947, No. 49, p. 16, §1; Acts 1951, No. 931, p. 1599, §1; Acts 1967, No. 569, p. 1322, §1.)

Ala. Code § 9-12-47 Condemnation, Disposition, Etc., of Shrimp Not Fit for Human Consumption.

9-12-47. Condemnation, Disposition, Etc., of Shrimp Not Fit for Human Consumption. No person shall purchase, sell, can, ship or otherwise transport any fresh saltwater shrimp which are not in prime condition, that is, suitable to be eaten by human beings as food; and, upon condemnation by the Director, Marine Resources Division, Department of Conservation and Natural Resources or his assistant of any fresh saltwater shrimp which have deteriorated to the extent that they are not suitable for human consumption, the person, firm, corporation or partnership having such fresh saltwater shrimp so condemned in his possession shall make such disposition thereof as the Director, Marine Resources Division, Department of Conservation and Natural Resources or his assistants may direct. (Acts 1921, Ex. Sess., No. 12, p. 12, § 8; Code 1923, § 4097; Code 1940, T. 8, § 156.)

Ala. Code § 9-12-49 Importation of Shrimp into State.

9-12-49. Importation of Shrimp into State. The Commissioner of Conservation and Natural Resources, by regulation, may permit shrimp regardless of size to be imported into this state when such shrimp are legally taken from the waters of another state; provided, that any such shrimp when permitted by regulation to be imported into this state must be accompanied by satisfactory proof that such shrimp were legally taken within the territorial waters of another state. (Acts 1953, No. 707, p. 964, § 1.)

Ala. Code § 9-12-50 Regulation of Transportation of Raw Oysters and Shrimp Beyond Boundaries of State.

9-12-50. Regulation of Transportation of Raw Oysters and Shrimp Beyond Boundaries of State. The Department of Conservation and Natural Resources shall have the authority to regulate the time, manner and means for transporting raw oysters or shrimp, except headless or canned shrimp and canned, processed oysters, beyond the boundaries of the State of Alabama and to require all persons, firms, corporations or associations to come to a designated port of entry and then and there pay all taxes on such oysters or shrimp as have been caught within the waters of the State of Alabama and then and there to pay all taxes on such oysters or shrimp before the same are moved or transported or attempted to be moved beyond the boundaries of the state. (Acts 1936-37, Ex. Sess., p. 169, p. 192, § 29; Code 1940, T. 8, § 148.)

Ala. Code § 9-12-51 Tax on Shrimp Taken for Canning, Drying or Shipping Within State.

9-12-51. Tax on Shrimp Taken for Canning, Drying or Shipping Within State. It shall be unlawful to catch or market saltwater shrimp for commercial purposes, that is, for canning, drying or shipping within the state, unless a tax of $.12 per barrel is paid by the person, firm or corporation catching the same for the purpose of canning, drying or shipping or purchasing the same from independent shrimp fishermen for the purpose of canning, drying or shipping, and said tax shall be paid at the Division of Marine Resources headquarters not later than the fifth day of each month. Any person, firm or corporation who is delinquent in paying such tax as provided in this section will be assessed a penalty in the amount of 10 percent of the total tax due and shall also be assessed, as interest, an amount equal to six percent per annum of the sum of the delinquent tax. The said tax each month must be accompanied by a form supplied by the Division of Marine Resources, stating thereon the number of barrels of shrimp handled by said person, firm or corporation during the preceding month, and said tax shall be considered delinquent unless accompanied by said form. (Acts 1931, No. 361, p. 424, § 8; Acts 1936-37, Ex. Sess., No. 169, p. 192; Acts 1939, No. 564, p. 889, § 1; Code 1940, T. 8, &sect;157; Acts 1953, No. 714, p. 968, § 1.)

Ala. Code § 9-12-52 Tax on Shrimp Taken for Transportation to Other States.

9-12-52. Tax on Shrimp Taken for Transportation to Other States. Before any shrimp which have been taken or caught in the waters of this state or the waters within the territorial jurisdiction of this state shall be carried beyond the boundaries of the State of Alabama, they shall be brought to a port of entry designated by the Department of Conservation and Natural Resources, and then and there a tax of $.20 per barrel must be paid. This section is intended to apply only to shrimp which are caught for the purpose of being transported to other states and shall not apply to canned or headless shrimp which have been caught and on which the tax due has been paid. (Acts 1936-37, Ex. Sess., No. 169, p. 192, § 40; Code 1940, T. 8, § 163.)

Ala. Code § 9-12-53 Tax on Shrimp Not to Be Exported.

9-12-53. Tax on Shrimp Not to Be Exported. A tax of $.12 a barrel shall be paid at the office of the Director, Marine Resources Division of the Department of Conservation and Natural Resources, not later than the fifth day of each month on all shrimp taken or caught in the waters of Alabama or waters within the territorial jurisdiction of the State of Alabama or brought into a port in the State of Alabama which are not to be carried or transported beyond the boundary of the state. (Acts 1939, No. 565, p. 891, § 1; Code 1940, T. 8, § 164.)

Ala. Code § 9-12-54 Payment of Taxes.

9-12-54. Payment of Taxes. All taxes mentioned in this article shall be paid by the persons, firms or corporations, commonly known as dealers, factories or shippers, first marketing the oysters, shrimp, terrapins, turtles or other seafood products, and any person who has purchased same from a dealer, factory, shipper or any other person who has paid the tax thereon shall not be taxed again. Said taxes shall be paid to the Director, Marine Resources Division of the Department of Conservation and Natural Resources or any other officers of the Department of Conservation and Natural Resources charged with enforcing the provisions of this article. Unless otherwise provided by law, all taxes, licenses and fines collected under this article shall be forwarded on the first of the following month to the Treasurer to be placed to the credit of the Seafoods Fund. (Acts 1923, No. 504, p. 672, § 5; Code 1923, § 2770; Acts 1931, No. 361, p. 424, § 11; Code 1940, T. 8, § 128.)

Ala. Code § 9-12-54.1 Live Saltwater Bait Dealers License.

9-12-54.1. Live Saltwater Bait Dealers License. Before any person, firm, or corporation engages in the taking, catching, transporting, or selling of live saltwater bait and the transporting of dead saltwater bait for commercial purposes, he or she shall have in his or her possession a live saltwater bait dealers license. “Live saltwater bait” shall be defined by regulation promulgated by the Commissioner of the Department of Conservation and Natural Resources. The license shall be sold and issued by the Department of Conservation and Natural Resources to any live saltwater bait dealer upon payment of a fee of one hundred dollars ($100), which shall entitle the person to sell live saltwater bait from a place of business and operate one designated live bait catcher boat and one transport truck, or two hundred dollars ($200) for the right to sell live saltwater bait from a place of business and operate two designated live bait catcher boats and two transport trucks. Detailed records of transactions involving shrimp shall be maintained at the place of business by seafood dealer licensees and by live saltwater bait dealers who are party to the transaction. The records shall include the name and address of the seller, the date and time of purchase, the amount of purchase (by poundage of purchase), price paid per pound, and shrimp size. Transactions on sales of purchased shrimp shall be totaled daily. These records shall be immediately available for inspection by the Department of Conservation and Natural Resources and shall be maintained for a minimum of 30 days. If the licensee or dealer fails to keep these records, the licensee or dealer is subject to the penalties set forth in Section 9-12-54.7. If the licensee or dealer is found to have kept fraudulent records, the licensee or dealer shall be guilty of a Class A misdemeanor. The Department of Conservation and Natural Resources shall not issue a live saltwater bait dealers license until the applicant has furnished to the Commissioner of Conservation and Natural Resources information as the commissioner may prescribe showing that the applicant has the necessary equipment and facilities to properly keep shrimp and other saltwater species alive for sale as bait. The commissioner, before the issuance of a license, shall cause an inspection of the gear and equipment, place of business, truck, or vessel of the applicant to ascertain if they meet the requirements as set by regulation for keeping bait shrimp and other saltwater species of bait alive. The live saltwater bait dealers license privileges may be suspended at any time during the issuing year that an agent of the Commissioner of Conservation and Natural Resources finds that equipment, gear, truck, or vessel of the licensee no longer meets the minimum requirements for keeping shrimp and other saltwater species alive for sale as bait. Any person who sells, exchanges, barters, or attempts to sell, barter, exchange, or otherwise dispose of live saltwater bait, shall be in violation of Sections 9-12-54.1 through 9-12-54.7 unless he or she first purchases the annual live saltwater bait dealers license. Acts 1981, No. 81-853, p. 1531, §1; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)

Ala. Code § 9-12-54.2 Expiration Date and Purchase of License; Nonresident License Fee.

9-12-54.2. Expiration Date and Purchase of License; Nonresident License Fee. All licenses required herein shall expire on the 30th day of September of each year. All receipts shall be deposited to the Marine Resources Fund. Nonresidents transporting and/or selling live or dead saltwater bait shall pay a license fee equal to that charged Alabama residents to conduct the same activity in the state of residence of the applicant and in no event less than double that of citizens of the State of Alabama. Vehicles registered in a state other than Alabama shall not be placed on a resident live bait license. (Acts 1981, No. 81-853, p. 1531, §2; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)

Ala. Code § 9-12-54.3 Duties of Licensees.

9-12-54.3. Duties of Licensees. Each live saltwater bait licensee shall furnish the Marine Resources Division of the Department of Conservation and Natural Resources with the Alabama Marine Police registration number of the boat or boats designated as a live bait catcher boat and the license tag number of the truck or trucks he or she designates to use to transport bait. Boats designated by live saltwater bait dealers as a live bait catcher boat shall not be licensed as commercial shrimping vessels thereafter in that license year. A live saltwater bait licensee shall not substitute another boat or truck without first having the boat or truck inspected and approved by the Marine Resources Division of the Department of Conservation and Natural Resources. Each live bait catcher boat and transport truck shall contain the words “live bait” in letters at least six inches high on the port and starboard sides and the operator of the boat or truck shall have a copy of the licensee’s live saltwater bait dealer’s license in his or her possession. All bull minnow traps in possession on board a boat on the waters of Alabama or in use by a licensed saltwater live bait dealer shall be marked with the Alabama boat registration number. (Acts 1981, No. 81-853, p. 1531, §3; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)

Ala. Code § 9-12-54.4 Catching, Etc., of Bait; Restrictions.

9-12-54.4. Catching, Etc., of Bait; Restrictions. Licensed live saltwater bait catcher boats may, except as otherwise provided by law or regulation, take or catch, or attempt to take or catch, bait shrimp of any size and other saltwater species of bait in waters of the state under the jurisdiction of the Marine Resources Division as defined by rule of the Department of Conservation and Natural Resources not permanently closed to shrimping. Licensed live saltwater bait catchers may take or catch, or attempt to take or catch, live saltwater bait from 4:00 o’clock a.m. until 10:00 o’clock p.m. in areas temporarily closed to commercial shrimping, except as otherwise provided by law or regulation. In an area temporarily closed to commercial shrimping or in an area designated as an exclusive bait area, live saltwater bait may not be taken with any seine or trawl having a width greater than 16 feet as measured at the cork line or main top line. Lengths and widths of leadlines or footropes and trawl boards may be set by regulation. Dead shrimp must be packaged and sold with head attached in lots of no more than five pounds. The holder of a live saltwater bait license may have in his or her possession pursuant to such license not more than two standard shrimp baskets (measuring 17 inches in diameter at the top, 13.5 inches at the bottom and 14 inches in height) of shrimp live or dead on the licensee’s boat, not more than two shrimp baskets on his or her truck, and not more than a total of four standard shrimp baskets at the licensee’s place of business or otherwise. Any shrimp taken by the licensee may only be sold as bait. (Acts 1981, No. 81-853, p. 1531, §4; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1; Act 2011-560, p. 1065, §1.)

Ala. Code § 9-12-54.5 Catching, Etc. of Shrimp by Persons with Recreational Boat Shrimping License.

9-12-54.5. Catching, Etc. of Shrimp by Persons with Recreational Boat Shrimping License. Persons with a recreational boat shrimping license may use a trawl having a width of 16 feet or less as measured at the cork line to catch, or attempt to catch, saltwater shrimp for bait or noncommercial purposes not to exceed five gallons of shrimp per person per day, and unless otherwise provided by law or regulation, only at the same time and in the waters open to commercial shrimping. (Acts 1981, No. 81-853, p. 1531, §5; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)

Ala. Code § 9-12-54.6 Exclusive Saltwater Bait Areas.

9-12-54.6. Exclusive Saltwater Bait Areas. All rivers, bayous, and creeks of the state are permanently closed to the taking of saltwater shrimp for any purpose. Wolf Bay, that area encompassing the water within the boundary from the south shore of Wolf Bay northward to Beacon #86 on the north side of the Gulf Intracoastal Waterway then westward along the north side of the Gulf Intracoastal Waterway to Beacon #94 then south across the Gulf Intracoastal Waterway to the south shore of Wolf Bay; Oyster Bay, that area encompassing the waters of Oyster Bay except those waters north of the Gulf Intracoastal Waterway; that area encompassing those waters in the mouth of the Blakely River between the I-10 bridge and the Highway 90 (old causeway) bridge; Terry Cove (Baldwin County); Arlington Channel; East Fowl River from Beacon 5 and 6 to the mouth of the river; Bayou La Batre Channel from Bayou La Batre Channel B.C. Beacon to the mouth of Bayou La Batre; and Dauphin Island Bay (Mobile County) shall be designated as exclusive saltwater bait areas and shall remain open to licensed commercial and recreational live saltwater bait shrimping year around during the hours of 4:00 o’clock a.m. until 10:00 o’clock p.m. provided that the shrimping activity complies with all other statutes and regulations promulgated by the Commissioner of the Department of Conservation and Natural Resources concerning shrimping activity. The Commissioner of the Department of Conservation and Natural Resources is authorized to establish by regulation other exclusively commercial and exclusively recreational bait shrimping areas, and to promulgate other rules and regulations as necessary relating to the activities provided for in Sections 9-12-54.1 to 9-12-54.6, inclusive. (Acts 1981, No. 81-853, p. 1531, §6; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)

Ala. Code § 9-12-54.7 Penalty for Violations.

9-12-54.7. Penalty for Violations. Violation of any of the provisions of Sections 9-12-54.1 through 9-12-54.6, inclusive, or any regulation promulgated pursuant to Sections 9-12-54.1 through 9-12-54.6, inclusive, by any person or persons shall be an offense against the State of Alabama, and violators shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense. For a subsequent offense occurring within 36 months of the first offense, the violator shall, upon conviction, be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and the live saltwater bait dealer’s license privileges shall be suspended by the Department of Conservation and Natural Resources for six months. (Acts 1981, No. 81-853, p. 1531, §7; Acts 1994, No. 94-618, p. 1150, §1; Act 2000-737, p. 1613, §1.)

Ala. Code § 9-12-61 Taking, Sale, Etc., of Oysters Under Three Inches Long.

9-12-61. Taking, Sale, Etc., of Oysters Under Three Inches Long. It shall be unlawful for any person, firm, corporation or association to sell or offer for sale, to take from any reef or have in his possession or to buy or offer to buy any oysters whose length is less than three inches, taking into consideration the five percent allowance as provided for by law, except when the legal size of oysters is reduced by a regulation duly promulgated by the Commissioner of Conservation and Natural Resources as otherwise provided for under this title; provided, that nothing in this section shall be construed so as to apply the provisions hereof to the taking of oysters from private reefs by the owners or lessees of such private reefs. (Acts 1936-37, Ex. Sess., No. 169, p. 192, § 38; Code 1940, T. 8, §153; Acts 1953, No. 709, p. 965, § 1; Acts 1959, No. 508, p. 1245, § 1.)

Ala. Code § 9-12-62 Mutilation, Etc., of Buoys or Markers.

9-12-62. Mutilation, Etc., of Buoys or Markers. It shall be unlawful for any person, firm, corporation or association, by himself or itself or through his or its agent, to mutilate, destroy or remove any buoy or other marker placed, set or stationed by the Department of Conservation and Natural Resources or its duly authorized agent or stationed by any lessee of oyster bottoms or other person authorized to place, set or station any buoy or other marker on the public reefs, beds and bottoms of the State of Alabama. (Acts 1936-37, Ex. Sess., No. 169, p. 192, § 35; Code 1940, T. 8, §150.)

Ala. Code § 9-12-63 Use of Unlicensed Boats, Etc., to Take, Etc., Oysters or Shrimp.

9-12-63. Use of Unlicensed Boats, Etc., to Take, Etc., Oysters or Shrimp. It shall be unlawful for any person, firm, corporation or association to take or catch or attempt to take or catch any oysters or shrimp by the use of any boat, barge or watercraft which has not been duly licensed by the Department of Conservation and Natural Resources. (Acts 1936-37, Ex. Sess., No. 169, p. 192, §36; Code 1940, T. 8, §151.)

Ala. Code § 9-12-64 Sale, Purchase, Etc., of Shrimp or Oysters Taken by Unlicensed Tongers, Boats, Etc.

9-12-64. Sale, Purchase, Etc., of Shrimp or Oysters Taken by Unlicensed Tongers, Boats, Etc. It shall be unlawful for any person, firm, corporation or association to sell or offer for sale or to buy or offer to buy any oysters or shrimp which have been taken or caught by any unlicensed tonger or by an unlicensed dredge or by an unlicensed boat, barge or other unlicensed watercraft. (Acts 1936-37, Ex. Sess., No. 169, p. 192, § 37; Code 1940, T. 8, §152.)

Ala. Code § 9-12-65 Sale, Etc., of Shrimp or Oysters to Persons, Etc., Failing to Comply with Provisions of Article.

9-12-65. Sale, Etc., of Shrimp or Oysters to Persons, Etc., Failing to Comply with Provisions of Article. It shall be unlawful for any person to sell, barter, exchange, give or deliver to any person, firm or corporation doing business in Alabama any saltwater shrimp or oysters after having been notified in writing by the Department of Conservation and Natural Resources or its agent to the effect that such person, firm or corporation which the Department of Conservation and Natural Resources shall name in its notice has failed or refused to pay the tax on saltwater shrimp or oysters or to make the reports in writing required by law or has failed to comply with the other provisions of this article, and in the event such saltwater shrimp or oyster catcher or master of a boat handling saltwater shrimp or oysters sells, exchanges, barters, gives or delivers saltwater shrimp or oysters to the person, firm or corporation named in the notice as not having complied with the provisions of this article, the Department of Conservation and Natural Resources shall enter a cancellation of the license to take or catch saltwater shrimp or oysters or do business against the person or master of the boat offending against this section, which license shall not be reissued except at the discretion of the Commissioner of Conservation and Natural Resources. (Code 1907, §4086; Acts 1919, No. 259, p. 242, §1 1/2; Acts 1919, No. 275, p. 252, §7 1/2; Code 1923, §2739; Code 1940, T. 8, §121.)

Ala. Code § 9-12-66 Collection of Fees, Taxes, Penalties, Etc., Under Article, Etc.; Prosecutions for Violations of Laws as to Taking, Canning or Shipment of Oysters.

9-12-66. Collection of Fees, Taxes, Penalties, Etc., Under Article, Etc.; Prosecutions for Violations of Laws as to Taking, Canning or Shipment of Oysters. The district attorney of any county bordering on salt or brackish water or within whose boundary there is a body of salt or brackish water shall institute in the name of the State of Alabama any necessary proceedings to collect any sums due the Department of Conservation and Natural Resources for any fees, licenses, taxes, penalties or other charges that may be levied under this article or any rules and regulations made by said Department of Conservation and Natural Resources under the powers conferred on said Department of Conservation and Natural Resources. Any sums collected in said proceedings shall be paid into the General Fund of the Department of Conservation and Natural Resources. The district attorney shall also prosecute the offender for any violation of the laws of this state pertaining to the taking, canning or shipment of oysters. (Code 1907, §5122; Acts 1915, No. 107, p. 145; Acts 1919, No. 259, p. 242; Code 1923, §2730; Code 1940, T. 8, §117.)

Ala. Code § 9-12-67 Sacking and Tagging Oysters; Penalties.

9-12-67. Sacking and Tagging Oysters; Penalties. (a) All oysters taken from public oyster bottoms of the State of Alabama for commercial purposes shall be sacked or placed in containers, in accordance with the most current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health, containing not more than one-quarter Alabama barrel of oysters. Sacks or containers with oysters shall be tagged and identified in accordance with the requirements of the most current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health, prior to leaving the harvest location or oyster management station. The tag shall remain attached to each sack or container until it is emptied or retagged with a certified dealer tag. Sacks or containers shall not be emptied in any proportion prior to reaching the destination where the oysters shall be opened, repacked, or processed. Upon reaching the destination, if less than the entire sack or container is to be opened at one time, the tag shall remain attached until the last oyster is removed. Upon emptying each sack or container or retagging with a certified dealer’s tag, the harvester tag shall immediately be removed and filed or disposed of as required by rule of the state Department of Public Health. Sacks or containers of oysters imported into this state shall be tagged and identified as required by rule of the state Department of Public Health. It shall be unlawful to possess empty sacks or containers with oyster tags attached thereto. (b) Oysters taken from private lease bottoms or oyster aquaculture sites for commercial purposes may be tagged in individual sacks, containers, or in bulk in accordance with the most current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department of Public Health and rules adopted by the Commissioner of the Department of Conservation and Natural Resources. (c) It shall be unlawful for any person, firm, or corporation to sell, purchase, or possess oysters in violation of this section and upon conviction, persons, firms, or corporations shall be guilty of a Class C misdemeanor. (d) Tags shall be purchased at a cost of twenty-five cents ($.25) per tag for sacks or containers and one dollar ($1) per tag for bulk tags, plus cost of printing rounded to the nearest five cents, from the Department of Conservation and Natural Resources, Division of Marine Resources, or its duly authorized agents. Receipts shall be deposited to the credit of the Marine Resources Fund and shall be used solely for cultch planting and other oyster management purposes. (Acts 1987, No. 87-560, §§1-3; Act 2010-699, p. 1692, §1; Act 2018-452, §1.)

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