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9-12-37
Section 9-12-37 Use of mechanical rake dredges, etc., dredge license. 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 cultivate and harvest or remove
live oysters of any size upon or from such grounds. Such a person shall first obtain a dredge
license as provided in Section 9-12-87. The license may be revoked by the Commissioner of
Conservation and Natural Resources if any violation of any statute or rule relating to the
use of the mechanical devices occurs, and the commissioner may thereafter refuse to issue
a new license to the person. (Acts 1959, No. 632, p. 1538, §1; Act 2010-699, p. 1692, §1.)...
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9-12-36
Section 9-12-36 Taking of oysters by use of mechanical devices at night. 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. (Acts 1936-37, Ex. Sess., No. 169,
p. 192, § 13; Code 1940, T. 8, §134.)...
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9-12-33
Section 9-12-33 Culling and sacking of oysters. (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 oyster management stations, and all oysters
which measure less than three inches in length and all cultch material shall be immediately
replaced by scattering and broadcasting upon the public reefs or water bottoms from which
they have been taken. It shall be unlawful for any captain or person in charge of any vessel
or any canner, packer, commission man, dealer, or other person to purchase, sell, or have
in his or her possession or under his or her control any oysters off the public reefs or water
bottoms not culled according to this section, or any oysters from the reefs or water bottoms
under the legal size. Any excess of over five percent of cultch material and...
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9-2-4
Section 9-2-4 Powers and duties as to seafoods, etc. (a) The Department of Conservation and
Natural Resources shall have full jurisdiction and control of all seafoods existing or living
in the waters of Alabama and of all public and natural oyster reefs and oyster bottoms of
the State of Alabama, and it shall ordain, promulgate and enforce all rules, regulations and
orders deemed by it to be necessary for the protection, propagation or conservation of the
same. (b) The Department of Conservation and Natural Resources may by order duly made and
published prescribe the manner of taking or catching, the time when and designate the places
from which seafoods may or may not be taken or caught during certain periods of the year,
or entirely, as it may deem to be for the best interest of the seafood industry. (c) It shall
have full authority to prohibit the catching or taking of oysters from reefs designated by
it by order duly made and promulgated during the entire open season or any part...
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9-12-87
Section 9-12-87 License for dredge. Every dredge authorized to be used in catching or removing
oysters from the public reefs, beds or bottoms of this state shall be licensed by the Department
of Conservation and Natural Resources. Before such license is issued, the applicant shall
pay to the department of conservation and natural resources or its duly authorized agent a
fee of $25.00 for each and every dredge used in taking or catching oysters. The license so
issued shall be dated and shall be effective only for the season issued and then only in a
manner and place and at a time under regulations and authority of the Department of Conservation
and Natural Resources. (Acts 1936-37, Ex. Sess., No. 169, p. 192, §21; Code 1940, T. 8, §140.)...
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9-12-28
Section 9-12-28 Oysters management stations; harvest records. 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 conjunction with other locations
designated by the Director of the Marine Resources Division and approved in writing by the
commissioner shall be the only ports used by persons or boats landing such oysters in Alabama
by water and it is unlawful to so use any other port for landing oysters. When oyster management
stations are opened, all oyster catchers taking oysters from the public reefs shall be required
to check out and check in at a management station. The rule establishing oyster management
stations may also provide for the Marine Resources Division to require oyster harvest records.
A commercial oyster catcher shall record all information...
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9-12-23
Section 9-12-23 Cancellation of leases of riparian bottoms; appeals. 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, any person aggrieved may
prosecute an appeal to the circuit court of the county in which the alleged natural reef is
situated. (Acts 1915, No. 107, p. 145; Code 1923, §2735; Code 1940, T. 8, §119.)...
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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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-12-42.htm - 2K - Match Info - Similar pages
9-12-82
Section 9-12-82 License required for taking of oysters for commercial purposes; penalty; aquaculture
license; disposition of funds. (a) Before any person engages in the taking or catching of
oysters from the waters or bottoms of the State of Alabama, the person shall first purchase
an annual oyster catcher license. The license shall expire annually on September 30 and shall
be twenty-five dollars ($25) . However, persons may take for personal, noncommercial purposes,
from waters opened to commercial oystering, not more than 100 oysters per day without purchasing
an oyster catcher license. (b) Before any oyster aquaculture site or facility permitted by
the state Department of Public Health engages in the taking of oysters from the waters or
bottoms of this state, the oyster aquaculture permittee shall first purchase an annual oyster
aquaculture license. The license shall allow employees of the aquaculture facility to engage
in harvesting and sorting of oysters or to conduct other...
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9-12-62
Section 9-12-62 Mutilation, etc., of buoys or markers. It shall be unlawful for any person,
firm, corporation or association, by himself or itself or through his or its agent, to mutilate,
destroy or remove any buoy or other marker placed, set or stationed by the Department of Conservation
and Natural Resources or its duly authorized agent or stationed by any lessee of oyster bottoms
or other person authorized to place, set or station any buoy or other marker on the public
reefs, beds and bottoms of the State of Alabama. (Acts 1936-37, Ex. Sess., No. 169, p. 192,
§ 35; Code 1940, T. 8, §150.)...
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