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…

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 of this state. This regulat…

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…

(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 Fisheries the amount equal to $0.05 per pound of muss…

This article shall be known and may be cited as the “Alabama Marine Mammal Protection Act of 1976.” (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 …

(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 and the regulations promulgate…

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 conveyance to take any marine mamm…

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

(a) Any person who violates a provision of this article or any regulation promulgated pursuant to this article or of the Marine Mammal Protection Act of 1972 or regulation promulgated thereunder or who fails to procure or violates the terms of any permit issued pursuant thereto s…

The cost of programs established under this article shall be borne by sources separate and apart from those presently accruing to the Seafoods Fund. (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…

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…

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…

(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 or part thereof. Upon ap…

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…

(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. Alabama residents shall be licensed un…

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. (Acts 1979, No. 79-431, p. 678, §10.)

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. (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…

(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 stamp shall be valid for the duration of o…

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 credit of the Game and Fish Fund and shall be used …

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. (Acts 1979,…

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. (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. (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. (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. (Acts 1988, No. 88-578, p. 902, §8.)

The Legislature finds that the black bear (Ursus americanus) is a unique mammal in the State of Alabama requiring special protection. (Act 2001-634, p. 1223, §1.)

(a) Except as provided in subsection (b), it shall be unlawful for any individual, corporation, partnership, trust, association, or any other entity to do any of the following: (1) Hunt, wound, injure, kill, trap, collect, or capture a black bear, or to attempt to engage in that …

For purposes of this article, the following words have the following meanings: (1) GAME ANIMAL. A species of animal designated by the Commissioner of Conservation and Natural Resources pursuant to Section 9-2-7, as a game or fur-bearing animal, any game or fur-bearing animal that…

It shall be unlawful for any person to hunt or kill, attempt to hunt or kill, or offer the opportunity to hunt or kill native game animals or any other animal legally permissible to hunt for a fee or other valuable consideration or for recreation under conditions in which the ani…

It shall be unlawful for any person to hunt or kill, attempt to hunt or kill, or offer the opportunity to hunt or kill any tame game animal for a fee or other valuable consideration or recreation. The promise or guarantee of, or contract for, killing an individual tame game anima…

(a) It shall be unlawful for any person to hunt or kill, attempt to hunt or kill, or offer the opportunity to hunt or kill any species of animal nonindigenous to the state including, but not limited to, any species of African or Asian lion, tiger, or elephant for a fee or other v…

Nothing in this article shall prohibit the hunting of pen-raised birds by properly licensed hunters or by properly licensed persons engaged in the training of bird dogs, or by persons engaged in bird dog field trials as provided by law or rules promulgated by the Commissioner of …

Any person, firm, corporation, or association that violates Sections 9-11-500 to 9-11-504, inclusive, of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000), an…

(a) Any person, firm, corporation, or association operating an enclosure for any game animal, as defined in Section 9-11-500(1), of the species of the family cervidae that complies with this chapter and all applicable rules adopted by the Commissioner of Conservation and Natural …

(a) The period during which deer may be hunted by gun deer stalk hunting methods, as those are defined by rules adopted by the Department of Conservation and Natural Resources, for registered enclosures shall be established by the Commissioner of Conservation and Natural Resource…