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.)