Title 9 — Title 9

For the purposes of this article, a “nonresident” shall be deemed to be any person who has not resided continuously in the State of Alabama for 12 months next preceding the application for a license. The burden for proof of residence is placed strictly upon the applicant for a li…

Mollusks from Fresh Waters. The Commissioner of Conservation and Natural Resources is hereby empowered to promulgate and establish rules and regulations as to when, where and how and under what conditions mussels or any type of mollusk may be caught or taken from the fresh waters…

Before any person shall take or catch or attempt to take or catch any mussel or any type of mollusk for commercial purposes from the fresh waters of this state, he or she shall purchase a “mussel catcher’s license.” The license shall be issued in the same manner and be effective …

Before any person shall buy or purchase or attempt to buy or purchase any type of freshwater mussel or any type of freshwater mollusk or the shells thereof within this state, he shall purchase a “mussel buyer’s license.” Said license shall be issued in the same manner and be effe…

All proceeds from the sale of said licenses, except the issuance fee, shall be deposited in the State Treasury to the credit of the Game and Fish Fund of the Department of Conservation and Natural Resources. The issuance fee shall be retained by the judges of probate and other pe…

Disposition of Revenues; Violation as a Misdemeanor. (a) Any person, firm, or corporation who purchases or otherwise obtains freshwater mussels taken from Alabama waters shall pay to the Alabama Department of Conservation and Natural Resources Division of Wildlife and Freshwater …

for Appointment; Authority. Any person, firm or corporation who or which resides at the county seat in which the county courthouse is located and who or which is engaged in the business of selling hunting and fishing equipment may make application in writing to the judge of proba…

Generally; Appointment. Such person, firm or corporation who or which applies to the judge of probate or license commissioner for the purpose of acting as special agent for the sale of hunting and fishing licenses shall submit with his or its application an indemnity bond in the …

This article shall be known and may be cited as the “Alabama Marine Mammal Protection Act of 1976.” History: (Acts 1976, No. 690, p. 953, §1.)

Wherever used in this article, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings: (1) COMMISSIONER. The Commissioner of the Department of Conservation and Natural Resources of the State of Alabama. (2) …

The Legislature of Alabama declares that: (1) Certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities; (2) Such species and population stocks should not be permitted to diminish beyond the point …

Mammal Products; Exceptions. (a) There shall be a moratorium on the taking of marine mammals and marine mammal products; except, that marine mammals may be taken pursuant to a permit issued by an appropriate federal agency as provided in the Marine Mammal Protection Act of 1972 a…

of Provisions of Article, Etc. Except as provided for by an international treaty, convention or agreement to which the United States is a party or by any statute implementing any such treaty, convention or agreement, it shall be unlawful: (1) For any person or vessel or other con…

The commissioner shall have power and authority to establish such rules and regulations necessary to carry out the purpose of this article. History: (Acts 1976, No. 690, p. 953, §6.)

Enforcement Officers, Etc., as to Enforcement of Article, Etc.; Custody and Disposition of Equipment, Etc., Seized in Connection with Violations of Article, Etc.; Disposition of Moneys Arising from Fines and Forfeitures. (a) Any person who violates a provision of this article or …

The cost of programs established under this article shall be borne by sources separate and apart from those presently accruing to the Seafoods Fund. History: (Acts 1976, No. 690, p. 953, §9.)

This article shall not apply with respect to any marine mammal taken before August 24, 1976, to any marine mammal product consisting of or composed, in whole or in part, of any marine mammal taken before August 24, 1976, or to any marine mammal unintentionally taken during the co…

Refuges, Etc., in National Forests, Etc. The Commissioner of Conservation and Natural Resources may on approval of the Governor establish and maintain state game refuges or sanctuaries for the protection, preservation or propagation of game birds, animals or fish on all or any po…

Agents to Be Payable to Judge of Probate or License Commissioner. The indemnity bond referred to in Section 9-11-39 shall be made payable to the judge of probate or license commissioner to protect him for the licenses he issues to the special agent. The principal of said bond sha…

Blank Licenses to Agents. Upon the designation or appointment of such person, firm or corporation to act as special agent, as provided for in Section 9-11-39, the judge of probate or license commissioner of the county in which the appointment is made shall immediately furnish to …

Any person, firm, or corporation desiring to operate a bird hunting preserve commercially on which artificially propagated birds may be hunted, taken, captured, killed, harvested, or otherwise recovered shall obtain a bird hunting preserve license and comply with the provisions o…

or Management Areas; Turkey Shooting Prohibited. Repealed by Acts 2010-398, p. 653, §2, and 2010-697, p. 1688, §2, effective July 1, 2010. History: (Acts 1979, No. 79-431, p. 678, §2.)

Game which may be hunted on a preserve licensed under this article shall be artificially propagated or pen-raised bob-white quail, pheasants, chukar partridge, and such other species of birds, except for artificially propagated or pen-raised turkeys, as the Commissioner of Conser…

Bird Hunting Preserve. (a) Except as provided in subsection (b), the privilege license fee for operating a hunting preserve shall be twenty-five dollars ($25) per year for the first 100 acres of hunting preserve area plus five dollars ($5) per year for each additional 100 acres o…

There shall be no daily commercial limit as to the number of released pen-raised birds commercially taken or recovered by patrons under this article. The period during which pen-raised birds may be hunted, taken, captured, killed, or otherwise recovered on preserves shall begin o…

Commissioner of Conservation and Natural Resources; Tagging Generally. Repealed by Acts 2010-398, p. 653, §2, and 2010-697, p. 1688, §2, effective July 1, 2010. History: (Acts 1979, No. 79-431, p. 678, §6.)

Inspection. Repealed by Acts 2010-398, p. 653, §2, and 2010-697, p. 1688, §2, effective July 1, 2010. History: (Acts 1979, No. 79-431, p. 678, §7.)

Operators as Agent Vendors of Licenses. (a) Except for patrons hunting artificially propagated or pen-raised birds on preserves licensed pursuant to subsection (b) of Section 9-11-413, Alabama hunting licenses shall be required of all persons hunting on licensed hunting preserves…

Duly authorized agents of the state Department of Conservation and Natural Resources, game wardens and other law enforcement officers duly authorized to enforce game and fish laws shall have authority to enforce all game and fish laws and regulations on such preserves; and for su…

Any person, firm or corporation who is found guilty of operating a licensed hunting preserve in violation of any provision of this article, upon conviction, shall have his hunting preserve license revoked forthwith. History: (Acts 1979, No. 79-431, p. 678, §10.)

Generally; Remittance of Fees Collected, Etc., to Probate Judge or License Commissioner. The special agents shall keep an accurate record of the persons to whom the licenses are sold and shall, on or before the fifth day of each month, report to the judge of probate or license co…

Licenses; Disposition of Fees from Sale of Licenses. The judge of probate or license commissioner shall be responsible to the Department of Conservation and Natural Resources for the licenses which said Department of Conservation and Natural Resources issued to them, and disposit…

Whenever used in this article, the following words and terms shall have the following respective meaning unless the context clearly indicates otherwise: (1) MIGRATORY WATERFOWL. Any wild duck, wild goose, brant or coot (poule d’eau). (2) DEPARTMENT. State Department of Conservati…

This article shall be construed in furtherance of the purpose thereof, which is to insure the procurement, development, restoration, maintenance or preservation of wetlands for migratory waterfowl habitat. History: (Acts 1979, No. 79-545, p. 985, §2.)

A person may not hunt migratory waterfowl within the State of Alabama or its coastal waters without first procuring a state migratory waterfowl stamp. The stamp shall be validated by the signature of the hunter written across the face of the stamp in ink. The stamp shall be in th…

Issuing Agents; Refund for Unsold Stamps. (a) A stamp shall be issued to each hunting license applicant by the judge of probate or issuing officer of any county of the state or other authorized license agent as provided herein upon the payment of a fee of ten dollars ($10). Each …

Organizations for Project Outside United States. The revenue derived from the sale of the stamp provided for herein shall be remitted to the department on the first day of each month by the judge of probate or issuing officer and shall be covered into the State Treasury to the cr…

Before approving and allocating funds for a proposed project to be undertaken outside the United States, the department shall obtain evidence that the project is acceptable to the government agency having jurisdiction over the lands and waters affected by the project. History: (A…

(a) Any person who is age 16 years or older, but who has not reached 65 years of age, who has resided in Alabama continuously for a period of not less than 90 days next preceding, and who is not serving as a member of the Armed Forces of the United States of America during any pe…

Required for Issuance of License; Penalty; “Supervision Required” Status. (a) It shall be unlawful for any person born on or after August 1, 1977, and of 16 years of age or older, or his or her agent, to procure any annual, trip, or wildlife heritage hunting license unless the pe…

(a) Unless a person is properly licensed for a particular activity under the wildlife heritage license, any person who hunts on state operated wildlife management areas in this state shall pay a special annual license fee of fifteen dollars ($15) in addition to the amount of the …

The Commissioner of the Department of Conservation and Natural Resources may by regulation authorize the use of crossbows for hunting. History: (Acts 1991, No. 91-210, p. 392, §§1, 2; Act 2001-1102, 4th Sp. Sess., p. 1166, §1.)

Any person, firm or corporation desiring to operate a “commercial fee fishing pond” (as provided for herein) from which otherwise legally permitted freshwater fish, which are private farm raised or private hatchery produced fish only, may be taken, captured, harvested, or otherwi…

Each fee fishing site to be operated hereunder may contain one or more man-made ponds in one tract of leased or owned land. Under no circumstances, however, shall any fishing site as provided for herein, be operated on any public waters of the State of Alabama as defined by Secti…

No ponds shall qualify to be operated hereunder which are stocked with or which contain any fish other than private farm raised or private hatchery produced fish. History: (Acts 1988, No. 88-578, p. 902, §3.)

Any person who desires to operate a fee fishing site as provided for herein shall first file a request with a local conservation officer or with the Department of Conservation and Natural Resources. If it meets the requirements of this article, the operator shall be issued a lett…

Holders of the letter permit issued pursuant to this article, their guests and patrons may, to the extent that said persons fish in accordance with the provisions hereof, fish from the ponds on the approved site without an approved fishing license. The letter permit shall be disp…

Creel limits for fish taken from the said fee fishing ponds shall be at the discretion of the operator. History: (Acts 1988, No. 88-578, p. 902, §6.)

No fish caught or taken from the said fee fishing sites shall be sold or offered to be sold or traded or offered to be traded, except as otherwise provided by law. History: (Acts 1988, No. 88-578, p. 902, §7.)

Any violation of the provisions of this article shall be punishable by a fine of not more than $250.00. History: (Acts 1988, No. 88-578, p. 902, §8.)