Title 9 — Title 9

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 whe…

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, an…

For purposes of this article, the words Alabama salt and brackish waters means the waters of the Gulf of Mexico and any other salt and brackish bodies of water under the jurisdiction of the State of Alabama, whether coastal, intercoastal, or inland, and any part thereof. History:…

(a) The following nets or similar devices may be used in Alabama salt and brackish waters: (1) A landing net, which is a net commonly used to land fish while hook-and-line fishing. (2) A dip or crab net, which may not exceed three feet in diameter. (3) A minnow seine, which may n…

(a) The Department of Conservation and Natural Resources shall establish and administer a voluntary program to acquire and retire commercial gill net permits of saltwater commercial fishermen issued pursuant to Section 9-12-113. (b) Each resident Alabama saltwater commercial fish…

Effective for a period of five years following June 1, 2008, there is levied a surcharge of up to eight dollars ($8), as set by the Commissioner of the Department of Conservation and Natural Resources, on each annual resident and nonresident saltwater fishing license issued under…

(a) There is created in the State Treasury the Marine Resources Restoration Fund which shall receive funds from the additional surcharge on resident and nonresident saltwater fishing licenses levied pursuant to Section 9-12-233. In addition, the fund shall receive any state, fede…

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 th…

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 pres…

(a) The Alabama Seagrass Restoration Task Force is established to lead and expedite formulating, testing, and developing innovative, effective, cost-efficient, and environmentally sustainable technologies to restore coastal seagrass ecosystems by building upon research and effort…

(a) The Dauphin Island Sea Lab shall be the fiscal agent for all funds appropriated to the task force to achieve the goals of the Alabama Seagrass Restoration Task Force. (b) The Dauphin Island Sea Lab, with the consent of the task force, may use funds appropriated to the task fo…

It shall be unlawful to drag any seines over the public reefs or private oyster grounds in this state. History: (Acts 1919, No. 259, p. 242, § 10; Code 1923, §2746; Code 1940, T. 8, §122.)

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 …

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…

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 Conserv…

Arrests; Failure or Refusal to Aid Inspector Upon Request. It shall be the duty of every captain of every licensed vessel, when called upon by an inspector so to do, to assist that officer, both in person and with his boat and crew, in making any arrest for any violation of this …

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 priv…

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…

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 clearl…

(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 o…

Fishing Areas, Etc. Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010. History: (Acts 1936-37, Ex. Sess., No. 169, p. 192, §10; Code 1940, T. 8, §132; Acts 1961, Ex. Sess., No. 105, p. 2026, §1.)

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 …

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. History: (Acts 19…

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 culti…

Seed Oysters from Public Reefs; Notice of Location and Disposition of Seed Oysters on Private Reefs. Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010. History: (Acts 1959, No. 632, p. 1538, §2.)

Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010. History: (Acts 1959, No. 632, p. 1538, §3; Acts 1961, Ex. Sess., No. 107, p. 2027, §1.)

(a) Except as provided in subsection (b), jurisdiction of an alleged violation of this chapter shall be in the district court of the county where the offense is alleged to have been committed. (b)(1) For the purposes of determining jurisdiction of violations of the marine resourc…

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 provis…

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 …

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 cha…

Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010. History: (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…

Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010. History: (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…

Legal Size; Possession of Undersized Terrapins. Repealed by Act 2015-70 effective April 21, 2015. History: (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, §…

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 defin…

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 Conse…

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 import…

and Condemnation and Sale of Boat, Etc., Upon Conviction; Discharge of Accused and Release of Boat, Etc. If upon the hearing the offense is established, the judge of the district court must fine each of the offenders as is provided for in the section of this chapter which is viol…

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 …

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…

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 C…

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 territoria…

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, facto…

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…

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 …

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 t…

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 Divisio…

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, a…

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…

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 …

Name of State; Appeals from Fines and Condemnations; Costs and Fees Where Judgment Affirmed. The proceedings before the district court must be carried on in the name of the State of Alabama, and the parties convicted, or either of them, may appeal from the sentence of condemnatio…