9-2-89
Section 9-2-89 Seafoods Fund - Disbursement. The said Seafoods Fund hereby created shall be
used and expended by the Commissioner of Conservation and Natural Resources in furtherance
of the preservation, protection, propagation and development of saltwater fish, shrimp, oysters
and other shellfish and crustaceans and the development of the seafoods industry and saltwater
sports fishing. The appropriation provided for by Section 9-12-183 shall be paid out of said
fund. The Commissioner of Conservation and Natural Resources may also make expenditures out
of such fund for any additions and betterments which the Commissioner of Conservation and
Natural Resources, with the approval of the Governor, deems beneficial to the area. When so
expended, the same shall be paid out on the requisition of the Commissioner of Conservation
and Natural Resources and charged to said fund. All necessary expenses of the Division of
Marine Resources of the Department of Conservation and Natural Resources,...
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9-12-21
Section 9-12-21 "Natural oyster reef" defined. A natural oyster reef is declared
and defined as not less than one acre in continuous area of any bottoms of any bay, sound,
bayou, creek, inlet or any other body of salt or brackish water on which oysters grow naturally,
or have grown naturally, in quantity sufficient to warrant fishing for them with hand tongs
as a means of a livelihood within a period of five years next preceding the time at which
said matter may be presented for consideration and determination by the Director, Marine Resources
Division of the Department of Conservation and Natural Resources. But in no case shall an
oyster bed be declared or defined to be a natural oyster reef when such bed is located within
the limits where the owners of land fronting on such waters where oysters may be grown have
the right to create and have created, by artificial means such as planting oysters or oyster
shells or by any other means, culture grounds for the growth of oysters and have...
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9-12-42
Section 9-12-42 Duty to replant oysters and oyster shells on public reefs; option to 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 charged on
a per sack basis to all seafood dealers who are purchasing oysters directly from the harvester.
The fee shall be calculated and paid quarterly. The payment is due no later than one month
after the end of the previous quarter. (b) The division shall establish an Oyster Management
Fund and all monies paid to the department pursuant to the shell fee shall be deposited in
this fund. The monies in this Oyster Management Fund shall be used by the division to replant
cultch material on the public reefs of this state, to cultivate the public reefs of this state,
or to otherwise manage the oyster resources of this state. (c)...
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9-12-95
Section 9-12-95 Commercial party boat license; fee; requirements; expiration; penalty. (a)
Any person, firm, or corporation who engages in the business of carrying one or more persons
fishing in salt and brackish waters of the State of Alabama for a fee shall purchase a commercial
party boat license. The fee for a commercial party boat license shall be $200.00 for boats
certified for up to six passengers, $300.00 for boats certified for seven to twenty-five passengers,
and $500 for boats certified for more than twenty-five passengers. Upon making application
for the license, the applicant shall provide evidence of a United States Coast Guard license
for operating a passenger boat. Any law or regulation to the contrary notwithstanding, passengers
on the commercial party boats may fish in the territorial waters of Alabama, and land fish
in this state caught within or beyond the territorial waters without purchasing a fishing
license. Persons to whom the commercial party boat license is...
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9-12-54.4
Section 9-12-54.4 Catching, etc., of bait; restrictions. 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 Division as defined by rule of the Department
of Conservation and Natural Resources not permanently closed to shrimping. Licensed live saltwater
bait catchers may take or catch, or attempt to take or catch, live saltwater bait from 4:00
o'clock a.m. until 10:00 o'clock p.m. in areas temporarily closed to commercial shrimping,
except as otherwise provided by law or regulation. In an area temporarily closed to commercial
shrimping or in an area designated as an exclusive bait area, live saltwater bait may not
be taken with any seine or trawl having a width greater than 16 feet as measured at the cork
line or main top line. Lengths and widths of leadlines or...
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9-12-54
Section 9-12-54 Payment of taxes. 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, factory, shipper or any other person who has paid the tax thereon
shall not be taxed again. Said taxes shall be paid to the Director, Marine Resources Division
of the Department of Conservation and Natural Resources or any other officers of the Department
of Conservation and Natural Resources charged with enforcing the provisions of this article.
Unless otherwise provided by law, all taxes, licenses and fines collected under this article
shall be forwarded on the first of the following month to the Treasurer to be placed to the
credit of the Seafoods Fund. (Acts 1923, No. 504, p. 672, § 5; Code 1923, § 2770; Acts 1931,
No. 361, p. 424, § 11; Code 1940, T. 8, § 128.)...
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9-7-13
Section 9-7-13 Activities deemed permissible uses within coastal area; determination of additional
permissible uses. (a) The Legislature of Alabama finds that the following activities shall
constitute permissible uses within the coastal area: (1) The accomplishment of emergency decrees
of any duly appointed health officer of a county or municipality or of the state acting to
protect the public health and safety; (2) The conservation, repletion and research activities
of the Marine Environmental Sciences Consortium, the Marine Resources Division of the Department
of Conservation and Natural Resources and the Mississippi-Alabama Sea Grant Consortium; (3)
The exercise of riparian rights by the owner of the riparian rights; provided, that the construction
and maintenance of piers, boathouses and similar structures shall be on pilings that permit
a reasonably unobstructed ebb and flow of the tide; (4) The normal maintenance and repair
of bulkheads, piers, roads and highways existing on the...
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9-11-94.1
Section 9-11-94.1 Purchase of tags required for each tarpon taken, killed, or harvested. (a)
It shall be unlawful for any person to possess or kill or harvest from the public waters of
this state the fish commonly known as the tarpon (Megalops Atlanticus), and has been designated
as the official state saltwater fish of the State of Alabama, pursuant to Section 1-2-8, without
first obtaining from the Marine Resources Division of the State of Alabama Department of Conservation
and Natural Resources a tag which shall be affixed to the tarpon immediately upon the kill
or harvest from the public waters of Alabama. (b) The cost of the tags for the tarpon shall
be $50 per tag, and the Marine Resources Division may promulgate rules and regulations concerning
the sale of the tags and the quantity thereof which may be purchased by any person during
one calendar year. (c) Any person who violates this section shall be guilty of a Class C misdemeanor
and, upon conviction thereof, shall be punished...
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9-12-120
Section 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.)...
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9-2-87
Section 9-2-87 Seafoods Fund - Created; composition. There is hereby created and there shall
be a fund which shall be known as the "Seafoods Fund." This fund shall consist of:
(1) All moneys received from all occupational and privilege licenses or taxes imposed by the
state on any person, firm or corporation for engaging in any business or activity relating
to the taking, catching, processing or handling seafoods as defined in Section 9-2-80; (2)
All revenue derived from oyster bottom leases; (3) All moneys paid, derived or received arising
from fines, penalties or forfeitures of the seafood laws of this state or the rules and regulations
based thereon; (4) All moneys derived from the sale, leasing, dredging, excavation or removal
of oyster shells from the bottoms of any bay, lagoon, estuary, bayou or saltwater area within
the jurisdiction of the State of Alabama; and (5) All moneys accruing to the Marine Resources
Division of the Department of Conservation and Natural Resources from...
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