Additional Regulations.

Ala. Code tit. 9, ch. 12, art. 2, div. 3

in effect

Ala. Code § 9-12-110 Size of Mesh of Seines, Nets or Trawls Used for Taking of Saltwater Fish, Baits, Etc.

9-12-110. Size of Mesh of Seines, Nets or Trawls Used for Taking of Saltwater Fish, Baits, Etc. It shall be unlawful to have in possession or use for the taking of saltwater fish or other seafoods seines, nets or trawls with a mesh of a size other than that prescribed by the rules and regulations of the Department of Conservation and Natural Resources of the State of Alabama, where practical, to conform with Louisiana, Mississippi and Florida laws. All measurements of seines, nets and trawls are to be taken from knot to knot after said nets have been tarred and shrunk. The size of the mesh of all seines, nets and trawls and the size of other devices which are used for the sole purpose of taking minnows, shrimp or other baits for use as bait shall conform to the rules and regulations of the Department of Conservation and Natural Resources of the State of Alabama. (Acts 1943, No. 587, p. 590, §1.)

Ala. Code § 9-12-111 Lengths or Widths of Seines, Nets, and Trawls.

9-12-111. Lengths or Widths of Seines, Nets, and Trawls. It shall be unlawful for any person, firm or corporation to have in possession on board a boat in the waters of Alabama or in use, any seine, trammel net, gill net or other device for the taking or catching of saltwater fish or other seafoods having in length on the cork or main top line more than 2,400 feet except on purse seines where the Commissioner of Conservation and Natural Resources may set additional length by regulation. When two or more nets are joined together, they shall be considered as one, and the total length thereof must not exceed the above limitation. All nets, seines, or trawls exceeding the prescribed length or width as set by law or regulation may be confiscated and held as evidence, and upon conviction, the nets, seines, or trawls shall be forfeited to the Department of Conservation and Natural Resources which shall dispose of forfeited items as it deems advisable. Any person violating this section or any regulation promulgated pursuant to this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction. It shall be unlawful for any person, firm, or corporation to have in use any trawl or trawls, for the taking of shrimp or other seafoods, the total width of which exceeds the measurement as set by regulation. (Acts 1943, No. 587, p. 590, §2; Acts 1953, No. 715, p. 969, §1; Acts 1995, No. 95-287, p. 535, §1.)

Ala. Code § 9-12-113 Licenses or Permits for Commercial Fishing; Net or Seine Permits.

9-12-113. Licenses or Permits for Commercial Fishing; Net or Seine Permits. (a) Each license or permit issued by the Commissioner of Conservation and Natural Resources or his or her authorized agent shall state the name of the applicant. (1) If the applicant is a resident of the State of Alabama, the applicant shall pay the following fees: a. One hundred dollars ($100) for commercial fishing. b. Three hundred dollars ($300) on each net or seine permit, plus an additional five hundred dollars ($500) per permit for the taking of Roe Mullet and Spanish Mackerel, as defined by regulation of the Department of Conservation and Natural Resources. c. One thousand five hundred dollars ($1,500) for each purse seine license. (2) Nonresidents shall pay the following fees: a. Two hundred dollars ($200) for commercial fishing. b. One thousand five hundred dollars ($1,500) for each net or seine permit, plus an additional two thousand five hundred dollars ($2,500) per permit for the taking of Roe Mullet and Spanish Mackerel, as defined by regulation of the Department of Conservation and Natural Resources. c. Three thousand dollars ($3,000) for each purse seine license except where the nonresident of the State of Alabama is a resident of a state which has a reciprocal fishing agreement with the State of Alabama, in which case the fee shall be the same as the fee for an Alabama resident in that state. (3) A commercial fishing license shall be required for any person to do any of the following: a. Sell or attempt to sell finfish or take or attempt to take, by the use of hook and line, rod and reel, cast net, gig, trot line, spear gun, or bow and arrow, or other gear as defined by regulation or to possess or transport for commercial purposes finfish from those waters under the jurisdiction of the Marine Resources Division of the Department of Conservation and Natural Resources, as provided in Rule 220-2-.42, Alabama Administrative Code. b. Possess finfish for commercial purposes on board a boat in those waters under the jurisdiction of the Marine Resources Division of the Department of Conservation and Natural Resources, as provided in Rule 220-2-.42, Alabama Administrative Code. c. Off-load or land a catch of finfish to a resident or nonresident seafood dealer, regardless of where the fish were taken. (4) A commercial fishing license shall not be required for a commercial gill net license holder validly licensed under this section, in order for the licensee to take, possess, or sell his or her catch taken with a gill net, seine, or other entangling net, nor shall it be required for the taking, possession, and sale of finfish taken with a licensed commercial shrimp boat. (b) The net and seine permits provided for pursuant to subdivision (1) of subsection (c) shall not be transferable from one person to another for a period of three years from October 1, 1995, or until a transfer system is developed by departmental regulation, except in the case of proven physical hardship, as determined within the sole discretion of the Director of the Marine Resources Division. The Department of Conservation and Natural Resources shall by regulation establish a system for the transfer of the permits within a three-year period. In establishing the system, the department shall provide that there shall be no financial gain realized by the transferor of the permits. The net and seine permits provided for pursuant to subdivision (2) of subsection (c) shall not be transferable under any circumstances, including physical hardship, and shall not be transferred to any other applicant by the department. (c) In addition to all other requirements to be permitted pursuant to this section, except as otherwise provided for residents age 62 years or older under certain conditions as may be subsequently determined by the department, all applicants for net and seine permits shall submit the following: (1) Proof that the applicant purchased a license under this section in at least two of the five years during the period of 1989 through 1993 and proof, in the form of unamended original income tax returns including Alabama state income tax returns for all applicants in accordance with procedures established by departmental regulations, that the applicant recognized his or her applicable Alabama income and derived at least 50 percent of his or her gross income from the capture and sale of seafood species in at least two of the five years during the period of 1989 through 1993 and in subsequent years for annual renewal; or (2) Proof that the applicant purchased a license under this section every year from 1989 through 1993, and, unless exempt from filing under the Alabama income tax law, proof that the applicant filed an Alabama income tax return from 1989 through 1993, and in subsequent years for annual renewal. For the license year beginning October 1, 1997, only, any permittee who obtained a net and seine permit pursuant to subdivision (2) may obtain a permit transferable in the same manner as a permit pursuant to subdivision (1) upon submitting proof in the form of unamended original income tax returns including Alabama state income tax returns for all applicants in accordance with procedures established by departmental regulations, that the applicant recognized his or her applicable Alabama income and derived at least 50 percent of his or her gross income in 1996 from the capture and sale of seafood species, provided the permittee must meet the gross income requirements to continue to renew a permit issued pursuant to subdivision (1) in subsequent years. A permittee who receives a permit pursuant to the provision in the preceding sentence may not receive a permit pursuant to subdivision (2) thereafter. The Alabama Department of Revenue shall verify, upon request, to the Director of the Marine Resources Division of the Alabama Department of Conservation and Natural Resources the income tax return of the applicant if the applicant authorizes the release of the information. Authorization by the applicant to release the information shall be a prerequisite for a permit. (d) Only one permit shall be issued per individual. The department shall issue each permittee one decal or placard which shall be visibly displayed on the permittee’s designated vessel or vessels in accordance with regulations promulgated by the Department of Conservation and Natural Resources. The decal or placard may only be displayed on an Alabama registered vessel and may not be displayed on an out-of-state registered vessel. A permittee shall have only one net or seine in use at any time and shall be present and have the permit in his or her possession when the net or seine is in use or in transit, provided the presence of the permittee shall not be required when the boat is docked, refueling, or at a launch site. (e) All nets and seines, except purse seines, and seines 25 feet or less, shall bear a tag showing the name and number of the permittee and any other identification as required by regulation, when the nets or seines are in use or on board a boat in the waters of Alabama. A designated vessel of 45 feet in length or less, as measured down the centerline, may have properly marked nets which are the property of the owner of the designated vessel on board the vessel but no fish may be in contact with the nets and provided that the vessel is not in motion and is moored or anchored when the permittee is not present. An initial designated vessel may be replaced by another vessel owned by the permittee that is no longer than 110 percent of the original vessel subject in all events to a maximum of 45 feet except in certain cases which may be waived by the Director of the Division of Marine Resources upon presentation of evidence that a permittee owned a vessel longer than 45 feet prior to the passage of this amendatory act. (f) All permits issued shall be issued to individual persons only. A purse seine license may be issued to a person, firm, or corporation. A nonresident, as mentioned in this section, for the purposes of all permits issued, is defined to be any person who has not been continuously domiciled in this state for more than one continuous year prior to the date of the issuance of the license and for the purpose of purse seine licenses, a nonresident is defined to be any person, firm, or corporation who has not been domiciled in this state for more than one continuous year immediately prior to the date of the issuance of the license. Any nonresident fishing with a resident commercial gill net license holder shall not provide any gill nets, trammel nets, haul nets, or other fishing equipment to the resident commercial gill net license holder. All persons on board must have proof of residency in the form of a valid state driver’s license or state nondriver identification card. (g) All licenses and permits issued pursuant to this section shall expire on September 30 thereafter irrespective of the date of the issuance of the same. (h) All nets and seines fished in an illegal manner, or in an illegal area, are declared to be a nuisance and may be confiscated, along with the entire catch, boat, motor, and any other fishing gear in the violator’s possession, and all of the items may be held as evidence by any agent of the Department of Conservation and Natural Resources. After conviction of the person in whose possession the device or items were found or when the operator of the device has not been determined after a period of 30 days, the device or items shall be forfeited to the Department of Conservation and Natural Resources which shall destroy or otherwise dispose of the device or items as it shall deem advisable or in lieu of forfeiture, the court may impose additional fines. (i) All game fish taken by nets or seines under this law shall be immediately returned to the waters where they were taken with the least possible injury to the fish. Possession of game fish in violation of this subsection will be considered as using a net or seine in an illegal manner. Saltwater game fish are defined as follows: Spotted Seatrout (Cynoscion nebulosus); Red Drum (Sciaenops ocellata); Tarpon (Megalops atlanticus); and those species designated by regulation of the Department of Conservation and Natural Resources. The department shall by regulation to the extent possible establish a tagging system to regulate importation or sale of the above listed species or species added by regulation. (j) In addition to any other penalties provided in this section, a violation of this section or any regulation promulgated pursuant to this section, shall be a Class B misdemeanor punishable as provided by law; provided, however, that there shall be a mandatory minimum fine of two thousand dollars ($2,000) for first offenses of utilizing a net or seine without the required license or permit hereunder, and any subsequent violation of subsection (a) committed within a three-year period of the date of conviction shall be a Class A misdemeanor, punishable by a mandatory minimum fine of three thousand dollars ($3,000) and a mandatory minimum imprisonment of 10 days. Any person violating this section or any regulation promulgated pursuant to this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction. A 10-point system is also hereby established to provide that in the event a person is convicted of the following offenses as set out in subdivisions (1) to (5), inclusive, below in a manner so as to acquire ten or more points within a three-year period the department shall automatically and permanently revoke all licenses or permits issued and the licenses, permits, and any decal issued to that person shall be surrendered immediately by the licensee or permittee to the Director of the Division of Marine Resources upon conviction. Points shall be considered for a period of three years from the date of conviction and shall be as follows: (1) Sale, purchase, trade or barter of game fish, 10 points. (2) Fishing in closed areas, 5 points. (3) Retention of game fish, 5 points. (4) Fishing with improperly marked gear, 4 points. (5) Points for any other offense established or designated by regulation of the Department of Conservation and Natural Resources, shall be as provided in the regulation relating to the prohibitions of this section. (Acts 1943, No. 587, p. 590, §4; Acts 1988, No. 88-577, p. 897, §6; Acts 1993, No. 93-322, p. 486, §9; Acts 1995, No. 95-287, p. 535, §2; Act 2008-467, p. 1022, §3; Act 2013-374, p. 1371, §1.)

Ala. Code § 9-12-113.1 Selling, Buying, Trading, or Bartering Certain Saltwater Game Fish Prohibited.

9-12-113.1. Selling, Buying, Trading, or Bartering Certain Saltwater Game Fish Prohibited. No person shall do, or attempt to do, any of the following: sell, trade, or barter, or buy, trade for, or barter for, any saltwater game fish specified in Section 9-12-113 or by regulation of the Department of Conservation and Natural Resources. The first offense of this section shall be a Class B misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000). Any subsequent offenses shall be a Class A misdemeanor with a mandatory minimum fine of two thousand dollars ($2,000), plus forfeiture of vehicle used in transporting the game fish. Any person violating this section or any regulation promulgated pursuant to this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction. (Acts 1995, No. 95-287, p. 535, §3.)

Ala. Code § 9-12-115 Reports of Seafood Dealers.

9-12-115. Reports of Seafood Dealers. Each and every person, firm, or corporation holding a seafood dealer’s license issued by the Commissioner of Conservation and Natural Resources or his or her authorized agent shall under oath make a monthly report to the Director of the Marine Resources Division of the Department of Conservation and Natural Resources on blanks provided for that purpose by the director, which report shall show in detail the weight in pounds of each species of fish purchased from commercial fishermen during the preceding month. The reports required by this section shall be in the hands of the director by the tenth day of each month for the immediately previous month, and willful failure or refusal to make the report by the required date or upon notification by the director that the report has not been received or the filing of a false report shall be deemed a violation of this section, and the Commissioner of Conservation and Natural Resources shall have the discretion to suspend or cancel the dealer’s license until the provisions of this section are complied with, and the license shall not be used by any person, firm, or corporation until the dealer’s license is restored by the Commissioner of Conservation and Natural Resources. The commissioner may, by regulation, require reports on a more frequent basis for those species managed under a quota system, with the same penalty provisions applicable for failure or refusal to report. The commissioner may by regulation, require the reports to be formatted to comply with gulf-wide trip tickets. (Acts 1943, No. 587, p. 590, §6; Acts 1995, No. 95-287, p. 535, §4.)

Ala. Code § 9-12-115.1 Landing and Reporting Requirements for Certain Saltwater Finfish and Other Seafood Products.

9-12-115.1. Landing and Reporting Requirements for Certain Saltwater Finfish and Other Seafood Products. All saltwater finfish commercially harvested in the State of Alabama, except those lawfully taken by purse seine, shall be landed in this state and reported through a properly licensed Alabama seafood dealer. Other seafood products commercially harvested in this state shall be landed in this state, or in lieu thereof any subject person shall comply with any reporting procedures established by regulation of the Department of Conservation and Natural Resources. The Commissioner of the Department of Conservation and Natural Resources is hereby authorized to promulgate regulations which provide for and require reporting procedures for both resident and nonresident Alabama commercial fishermen who sell or land seafood products other than finfish outside the State of Alabama. Upon determination by the Commissioner of the Department of Conservation and Natural Resources that any subject person has failed to report as required, the commissioner may revoke any relevant commercial seafood license or permit he or she deems appropriate. Any person who violates this section or any regulation promulgated pursuant to this section, shall be guilty of a Class B misdemeanor, and upon conviction, shall be punished as provided in Sections 13A-5-7 and 13A-5-12. Any person so convicted shall be fined not less than one thousand dollars ($1,000). Any person violating this section shall be strictly liable and it shall not be necessary to prove any criminal intent for conviction. (Acts 1995, No. 95-287, p. 535, §5.)

Ala. Code § 9-12-116 Refusal to Open Place of Business or Boat for Inspection; Agreement, Conspiracy, Etc., to Evade Provisions of Article, Etc.

9-12-116. Refusal to Open Place of Business or Boat for Inspection; Agreement, Conspiracy, Etc., to Evade Provisions of Article, Etc. It shall be unlawful for any packer, commissionman, dealer, shipper or boatman to refuse to open his place of business or boat where fish, oysters or other seafoods may be dumped, kept or stored, except his actual residence, for inspection by any officer whose duty it is to inspect same or to conspire or agree with any person to evade any of the provisions of this article or any laws hereafter enacted or to knowingly connive or participate in any such violation. A violation of the provisions of this section shall constitute a misdemeanor, and any person, firm or corporation so violating shall be punished by a fine of not less than $25.00 nor more than $50.00 for each offense. (Acts 1943, No. 587, p. 590, §7.)

Ala. Code § 9-12-117 Possession, Operation or Use of Illegal Tackle, Illegal Fishing Devices or Unlicensed Boats or Vessels.

9-12-117. Possession, Operation or Use of Illegal Tackle, Illegal Fishing Devices or Unlicensed Boats or Vessels. Possession or operation of any illegal tackle or any illegal fishing devices or use of any boat or vessel that is not licensed as required by this article shall be considered prima facie evidence that it is kept or used for unlawful purposes, and such possession or operation or use shall be punishable by a fine of not less than $25.00 nor more than $500.00. (Acts 1943, No. 587, p. 590, §8.)

Ala. Code § 9-12-118 Issuance of Licenses - Persons Authorized; Record.

9-12-118. Issuance of Licenses - Persons Authorized; Record. The judge of probate, the commissioner of licenses or such person not residing at the county seat in which the county courthouse is located and duly appointed by the Commissioner of Conservation and Natural Resources and so authorized by him shall have authority to issue all licenses, resident or nonresident, to all persons complying with the provisions of this article, and shall sign his name and shall require the person to whom the license is issued to sign his name on the margin thereof. The person or persons issuing said license shall keep in a book or on specially prepared sheets to be furnished by the Commissioner of Conservation and Natural Resources a correct and complete record of all licenses issued, which record shall remain in his office and be open to inspection by the public at all reasonable times. (Acts 1943, No. 587, p. 590, §9.)

Ala. Code § 9-12-119 Issuance of Licenses - Fees of Issuing Authorities.

9-12-119. Issuance of Licenses - Fees of Issuing Authorities. Judges of probate and other persons authorized and designated to issue licenses shall charge for each license issued under the provisions of this article $1.00 in addition to the prescribed cost for each license issued, which amount shall cover services required by the provisions of this article, and shall remit the balance to the Commissioner of Conservation and Natural Resources to the credit of the Marine Resources Fund on the first of each month. Said judges of probate and all other duly authorized and designated persons shall report to the Commissioner of Conservation and Natural Resources of the State of Alabama on the first day of each month the number and kind of licenses issued under this article and the name and post office address of the person or persons to whom issued, giving opposite each name the serial number of the license so issued and the amount of money remitted; provided, however, that if any such license is issued by the Commissioner of Conservation and Natural Resources or by any probate judge or other officer who is paid a salary for the performance of his duties as such officer, he shall be required to remit the entire amount collected to the Commissioner of Conservation and Natural Resources, except the amount charged by the issuing officer for the issuance of such license, and this amount shall be remitted to the treasurer of the county in which said license was paid. On October 1 of each year or within 10 days thereafter, each officer or person to whom licenses have been so issued shall return to the Commissioner of Conservation and Natural Resources all unused licenses and all stubs of licenses issued during the preceding fiscal year. (Acts 1943, No. 587, p. 590, §10; Acts 1988, No. 88-577, p. 897, §1.)

Ala. Code § 9-12-120 Disposition of Proceeds from Sale of Licenses and Fees.

9-12-120. Disposition of Proceeds from Sale of Licenses and Fees. The proceeds from the sale of all licenses and all fees required by any of the provisions of this article shall go to the Department of Conservation and Natural Resources and shall be used by such department for the administration of its Division of Marine Resources, except as may otherwise be provided by law. (Acts 1943, No. 587, p. 590, §11.)

Ala. Code § 9-12-121 Violations.

9-12-121. Violations. Unless otherwise provided specifically in this article, a violation of any of the provisions of this article shall be a Class C misdemeanor, punishable as provided by law, except that the minimum fine shall not be less than one hundred dollars ($100). (Acts 1943, No. 587, p. 590, §12; Act 2010-699, p. 1692, §1.)

Ala. Code § 9-12-122 Penalty for Commercial Shrimp Trawling in Waters Closed to Commercial Shrimping by Law or Regulation; Confiscation and Forfeiture of Trawls.

9-12-122. Penalty for Commercial Shrimp Trawling in Waters Closed to Commercial Shrimping by Law or Regulation; Confiscation and Forfeiture of Trawls. (a) It shall be unlawful for any person, firm or corporation to take shrimp by commercial shrimp trawling in waters closed to commercial shrimping by law or regulation. “Commercial shrimp trawling” means the taking or catching or attempting to take or catch shrimp by any trawl or trawls used together which exceed 16 feet as measured along the cork line; as well as, the taking, catching or attempting to take or catch shrimp by any trawl 16 feet or less as measured along the cork line while licensed as a commercial shrimp fisherman under Section 9-12-92 or Section 9-12-93. (b) Persons, firms or corporations convicted of violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $600.00 nor more than $900.00 for the first offense, not less than $900.00 nor more than $1,200.00 for the second offense and not less than $1,200.00 nor more than $1,500.00 for the third and subsequent offenses committed during any two consecutive years. All trawls in use at the time of the violation may be confiscated and held as evidence and upon conviction said trawls may be forfeited to the Department of Conservation and Natural Resources which shall dispose of same as it deems advisable. (Acts 1984, 2nd Ex. Sess., No. 85-50, p. 73.)

Ala. Code § 9-12-123 License for Use of Gill Net.

9-12-123. License for Use of Gill Net. A recreational gill net license may be issued to anyone wishing to utilize a 300-foot or less gill net for noncommercial purposes for a fee of $50.00. Persons taking fish from Alabama waters under the auspices of the recreational gill net license may not sell, barter, or offer for sale or barter, fish taken under this authority. (Acts 1988, No. 88-577, p. 897, §7.)

Ala. Code § 9-12-123.1 Hardship Gill Net Licenses; Renewal and Transfer.

9-12-123.1. Hardship Gill Net Licenses; Renewal and Transfer. (a) The Department of Conservation and Natural Resources shall immediately approve the hardship licenses selected on November 17, 1995, pursuant to Executive Order No. 12. (b) An individual approved pursuant to subsection (a) shall be subject to the same renewal qualifications as persons licensed under Act No. 95-287, H. 424, 1995 Regular Session. (c) Hardship licenses approved by this section shall be subject to the transfer system established by the Department of Conservation and Natural Resources pursuant to Act No. 95-287, H. 424, 1995 Regular Session. (d) This section shall be construed together with all laws relating to gill net licensure. (Acts 1996, No. 96-476, p. 593, §§ 1-4.)

Ala. Code § 9-12-124 “Crab Catcher” License for Use of More Than Five Crab Traps; Rules and Regulations.

9-12-124. “Crab Catcher” License for Use of More Than Five Crab Traps; Rules and Regulations. (a) Any person taking crabs for commercial purposes or using more than five crab traps for personal, noncommercial purposes must first obtain and have in possession a “crab catcher’s” license. The fee for said license shall be $50.00 and shall be paid to the Department of Conservation and Natural Resources. (b) Individuals can use up to, but not more than, five crab traps for taking crabs for personal, noncommercial purposes, without said license. (c) All crab traps and commercial crab boats must display identifying markings to be developed by regulations of the Department of Conservation and Natural Resources and it shall be unlawful to take crabs from traps belonging to another person without written authorization. (d) The proceeds from the sale of said licenses shall be deposited to the credit of the Marine Resources Fund and said licenses shall expire on September 30 of each year. (e) A violation of any provision of this section shall be a Class C misdemeanor. (Acts 1988, No. 88-577, p. 897, §8.)

Ala. Code § 9-12-125 Licenses for Selling, Brokering, Processing, Etc., Fresh or Frozen Seafood.

9-12-125. Licenses for Selling, Brokering, Processing, Etc., Fresh or Frozen Seafood. (a)(1)a. Any person who engages in the selling, brokering, trading, bartering, or processing of any fresh or frozen seafood, whether on a consignment basis or otherwise, is a seafood dealer and shall purchase a seafood dealer license for a fee of four hundred sixty-five dollars ($465) for Alabama residents domiciled for a period of more than one continuous year immediately preceding the date of issuance and seven hundred thirty dollars ($730) for nonresidents, except for residents of states that charge Alabama residents in excess of seven hundred thirty dollars ($730) for the activity, in which case the fee shall be the amount the other state charges. b. Notwithstanding paragraph a., a state resident who possesses a valid license or permit issued pursuant to Section 9-12-82, 9-12-87, 9-12-93, 9-12-113, or 9-12-124 shall purchase a seafood dealer license for a fee of two hundred sixty-five dollars ($265). (2) To obtain a license, all entities other than brokers shall have and present proof of a business license from the location of the business, a tax identification number, and the appropriate seafood processing health permit. (3) A license is not required by nonresident seafood dealers buying from or selling to a licensed Alabama seafood dealer or a licensed commercial fisherman when selling their catch to a licensed Alabama seafood dealer nor is a license required by restaurants where the seafood is cooked and sold for consumption on or off the restaurant’s premises. Restaurants shall not purchase seafood from any person that is not licensed to sell seafood in this state. (4) If a licensee owns or operates more than one place of business, an additional license shall be purchased for each separate place of business, providing the location of each. A vehicle used solely for transporting seafood to or from an Alabama seafood dealer is not considered a place of business. Each vehicle from which seafood is sold to or purchased from any person, other than an Alabama seafood dealer, is a place of business and shall be licensed under this section. A seafood dealer shall purchase a license for each such vehicle for a fee of three hundred thirty-three dollars ($333) per license and the operator of the vehicle shall have the original license in his or her possession when selling or buying seafood from that vehicle. Seafood dealers may purchase seafood only from commercial fishermen validly licensed in Alabama, Alabama seafood dealers, and any nonresident seller who is validly licensed to sell seafood under the laws of that state. (5) It shall be unlawful for any person to sell, broker, trade, barter, or process seafood as provided for in this section without first purchasing a seafood dealer license. Any person violating this section, upon conviction, shall be guilty of a Class A misdemeanor, with a minimum mandatory fine of one thousand dollars ($1,000) for a first offense, two thousand five hundred dollars ($2,500) for a second offense within three years of the date of the first conviction, and five thousand dollars ($5,000) and a mandatory jail sentence of 10 to 30 days for a third and any subsequent offense within three years of the date of the first conviction. (b) The Department of Conservation and Natural Resources shall annually remit two hundred dollars ($200) of each seafood dealer license fee collected to the nonprofit corporation Sweet Grown Alabama for the promotion of this state’s seafood products. (Acts 1988, No. 88-577, p. 897, §9; Acts 1995, No. 95-287, p. 535, §6; Act 2025-445, §1; Act 2026-173, §1.)

Ala. Code § 9-12-126 Inspection of Oyster Beds; Closure Order; Relay of Oysters from Closed Areas; Promulgation of Rules; Penalty; Enforcement.

9-12-126. Inspection of Oyster Beds; Closure Order; Relay of Oysters from Closed Areas; Promulgation of Rules; Penalty; Enforcement. (a) The State Board of Health is authorized to inspect the waters of the state where oysters are grown and harvested. When the State Health Officer shall determine that the waters surrounding the oyster beds are unsafe for the harvesting of said oysters, the State Health Officer shall issue an order to close the waters around said bed, which order shall be specific as to location of the area to be closed. Orders issued pursuant to this section shall not be considered rules under the Alabama Administrative Procedure Act (Section 41-22-1 et seq.). After the issuance of such a closure order, no person shall harvest oysters in the said waters during the closure period. The State Health Officer is authorized to permit the Department of Conservation and Natural Resources to relay oysters from closed areas. (b) The State Board of Health is authorized to adopt and promulgate reasonable rules for the enforcement of this section, which rules shall have the force and effect of law. (c) Any person who violates any provision of this section or any rule promulgated hereunder or the order of the State Health Officer by harvesting oysters from a closed bed shall be guilty of a Class B misdemeanor. (d) The Alabama Department of Conservation and Natural Resources shall cooperate with the State Health Officer in the enforcement of closure orders. (Acts 1989, No. 89-875, p. 1752, §§ 1-4.)

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