(1) The shrimp season is set by regulation by the Commissioner of Conservation and Natural Resources under authority of Code of Ala. 1975, Section 9-2-4. Areas open to commercial shrimping and for bait shrimping may change from time to time; therefore, the Marine Resources Division, P.O. Box 189, Dauphin Island, AL 36528 should be contacted for the latest regulations.

(2) Individuals operating a licensed recreational shrimp boat taking bait shrimp from an area designated by law as an exclusive saltwater bait area are limited to one (1) gallon of shrimp with heads attached per boat per day.

(3) The taking, catching or attempting to take or catch shrimp by trawl, seine, cast net or by any means whatsoever for any purpose is prohibited in the following Shrimp Nursery Areas:

(a) Portersville Bay which is defined as those waters north of a line extending from Barron Point on Mon Louis Island, thence to the south shore of Marsh Island thence to the south shoreline of the Isle aux Herbes (Coffee Island) and then along the western shoreline of the Isle aux Herbes to a point on the mainland due north of the northern tip of the Isle aux Herbes.

(b) Heron Bay which is described as that body of water lying north of a line extending from Barry Point on Mon Louis Island south southeast to Cedar Point.

(c) That portion of Mississippi Sound north of the Intracoastal Waterway and east of a line extending from Barron Point on Mon Louis Island southeasterly to Range Marker "D" on the Intracoastal Waterway.

(d) All of Weeks Bay, except in Weeks Bay only shrimp may be taken for bait with a dip net that measures no more than twelve inches (12") by twelve inches (12").

(e) All rivers, streams, creeks and bayous (except that portion of Blakely River designated by law as an exclusive bait shrimping area). For the purpose of this regulation, the mouth of the Mobile River is defined as a line beginning at the southernmost tip of Pinto Island running due west to a point on the mainland and the mouth of the Blakely River is defined as a line running westward from the charted position of the Blakely River Channel Marker #18 to a point of intersection with land on the southern tip of Big Island.

(f) All waters north of the southernmost edge of the Interstate Highway 10 eastbound lane (except that portion of Interstate Highway 10 which lies north of U.S. Highway 90 (Battleship Parkway), in which case the line follows the southernmost edge of the Battleship Parkway).

(g) That portion of Bon Secour Bay within 2500 feet of the mouth of Weeks Bay.

(h) Theodore Industrial Canal.

(i) That portion of Mobile Bay north and west of a line running from the intersection of the Dog River Bridge with the Dog River Channel east along the northern edge of the Dog River Channel to its intersection with the Mobile Ship Channel then north along the west side of the Mobile Ship Channel to the Upper Reach Rear Range (located on the north side of Arlington Channel) then north and east of a line running southeast to the charted position of Mobile Ship Channel marker #78 then southeast to the charted position of Blakely River Channel marker #2 then eastward to the Geodetic Survey Marker in the center of Mayday Pier (30º35.966 – 87º54.851) then eastward along the center of Mayday Pier to its intersection with land, except in this area only, persons may use a cast net to catch or attempt to catch shrimp for bait or noncommercial purposes not to exceed one gallon of shrimp per person per day. There shall be a 300 foot safety buffer along the western edge of the Mobile Ship Channel where towing a trawl shall be allowed for turning by vessels.

(j) That portion of Mobile Bay extending out from and parallel to the shoreline one half nautical mile beginning at the center of Mayday Pier and then south to the northern edge of the Point Clear Channel, except in this area only, persons may use a cast net to catch or attempt to catch shrimp for bait or noncommercial purposes not to exceed one gallon of shrimp per person per day. There shall be pilings installed by the Marine Resources Division one half nautical mile from the shoreline and it shall be illegal to pull a trawl or trawls shoreward of such pilings.

(k) All waters in Mobile County north of a line beginning at the Mississippi State line running east to the eastern tip of South Rigolets (30º21.120 – 88º23.490) then northeast to the southwest tip of Point Aux Pins (30º22.271 – 88º18.888) then east to the charted position of the "BC" Beacon in the Bayou La Batre Ship Channel and then southeast to the northwest point of the middle cut that bisects Coffee Island (Isle Aux Herbes) defined as 30º20.785 – 88º15.721.

(l) North of Lillian Bridge in Baldwin County.

(m) Little Lagoon Pass in Baldwin County and within 100 yards of the north and south entrance of Little Lagoon Pass.

(n) Perdido Pass in Baldwin County which is defined as those waters north of Perdido Pass Channel Markers #1 and #2 and south of Perdido Pass Channel Markers #8 and #9.

(4) Exclusive bait shrimping areas are permanently closed to commercial shrimping.

(5) It shall be unlawful to wash a trawl or net by pulling it or dragging it in any waters closed to shrimping.

(6) The use of any trawl or trawls, or the taking of shrimp by any means, in any area closed to commercial shrimping is hereby expressly prohibited, except as otherwise provided by law.

(7) Unless otherwise provided, it shall be unlawful to use trawls or seines except as follows:

(a) Recreational shrimp and live saltwater bait trawls -- The size, and number, of recreational shrimp and live saltwater bait trawls shall be limited to one net per boat, the size of which shall not exceed sixteen (16) feet as measured across the cork line or main top line. In addition, wings shall be cut and tied to the wing line only on points and it shall be illegal to use nets where the length of the top leg line exceeds the length of the bottom leg line (length of leg lines being defined as the distance from the rear of the door to the beginning of the wing). Live Saltwater Bait Dealers shall drag their trawl for no longer than twenty (20) consecutive minutes before retrieving the trawl and bait shrimp into the live tank.

(b) Commercial shrimp trawls -- It shall be illegal for any person, firm or corporation to take or attempt to take shrimp or other seafoods in or from the inside waters of the State of Alabama by trawl or trawls used together the total width of which exceeds fifty (50) feet as measured in a straight distance along the cork line, which is the main top line containing corks. The use of more than two trawls is prohibited in the inside waters; provided however, that one "try trawl" not to exceed ten (10) feet as measured across the cork line may be used for sampling in addition to the above. In addition, wings shall be cut and tied to the wing line only on points and it shall be illegal to use a trawl or trawls on which the length of the top leg line exceeds the length of the bottom leg line, the length of the leg line being defined as the distance from the rear of the trawl door to the beginning of the wing.

(c) It shall be unlawful to hang, tie or otherwise connect any webbing or netting between the rear of the trawl board or door and the adjacent wing line or between the top leg line and bottom leg line of any trawl so as to extend the width of any trawl or trawls authorized under Sections (7)(a) and (7)(b) above.

(8) The Department of Conservation and Natural Resources shall not issue a Live Saltwater Bait Dealers License to persons unless their shore facilities, transport facilities, or boat(s), in addition to the requirements provided by law, meet the following minimum requirements:

Place of Business

A place of business is defined for purposes of this section as a permanently erected building on land from which fishing bait and fishing supplies and tackle are routinely sold to the public or a vessel that routinely sells live or dead saltwater bait (excluding shrimp) to the public. It shall be unlawful for a vessel that is a place of business to take, possess, or sell live or dead shrimp. A vessel that is a place of business shall have an established and inspected shore facility, shall meet the requirements for a boat facility, must provide a physical address where vessel will be docked or stored, and must make vessel immediately available for inspection. No live bait catcher boat that is licensed under a vessel that is a place of business may take or possess live or dead shrimp. No transport truck that is licensed under a vessel that is a place of business may transport or possess live or dead shrimp.

Shore Facilities

(a) Covered concrete, wooden or fabricated tanks with a minimum capacity of 480 gallons.

(b) Tanks must be aerated by one of the following:

1. Circulating water sprayed upon the surface which may be pumped from the bay, bayou, etc., or recirculated from the shrimp tank.

2. Any commercial fish aerator.

Transport Facilities

Wooden or fabricated transport tanks with recirculating water or commercial fish aerator.

Boat Facilities

(a) Tank with a spray system operated by a pump or commercial fish aerator; or, live well with forced water exchange.

(9) No holder of a live saltwater bait dealers license or anyone operating under such license shall transfer or unload any shrimp live or dead onto any vessel or vehicle unless such vessel or vehicle has been inspected and approved by the Marine Resources Division and designated as a licensee as required by 9-12-54.3. Shrimp live or dead taken by a live saltwater bait boat shall be transported or stored only in an approved vessel, vehicle or facility.

(10) It shall be unlawful for any person to drag any net, seine or trawl over the public oyster reefs or the private oyster leases in this State.

(11) Any person, firm or corporation or association may import shrimp into the State of Alabama from another state even though such shrimp weigh less than the minimum weight requirements prescribed by the laws and regulations of the State of Alabama provided such shrimp were legally taken or caught outside of the territorial waters of the State of Alabama. Upon importation of such undersized shrimp, the purchaser and/or processor thereof shall maintain a written record of the location of the source of such shrimp and such records shall be open for inspection to the Division of Marine Resources upon demand.

(12) Pursuant to Section 9-12-46, Code of Ala. 1975, the minimum weight requirement of shrimp caught or taken for commercial purposes from the waters of Alabama shall require not more than 68 shrimp with heads attached to weigh one pound or not more than 114 headless shrimp to the pound.

(13) As to such areas of Alabama waters in which shrimp are of such size that with heads attached a number in excess of 68 shrimp are required to equal in weight one (1) pound, as determined from the average of samples taken by the Marine Resources Division of the Department of Conservation and Natural Resources at established sampling stations within each area, commercial shrimping shall be temporarily closed until such time as shrimp are of such size that with heads attached a number equal or less than 68 shrimp, or that a number equal or less than 114 headless shrimp, are required to equal in weight one (1) pound.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-46, 9-12-49, 9-12-54.1.

History: Filed September 30, 1982. Amended: Effective March 26, 1983; April 23, 1983; January 13, 1984; September 4, 1986; December 23, 1986; August 13, 1988; August 17, 1988; June 21, 1989; May 1, 1990; August 28, 1989(E); May 1, 1990; December 21, 1990. Amended: Filed October 13, 1994; effective November 18, 1994. Amended: Filed July 10, 1997; effective August 14, 1997. Amended (PE): Filed August 24, 1998; effective August 24, 1998. Amended (PE): Filed December 3, 2002; effective December 3, 2002. Amended: Filed March 14, 2003; effective April 18, 2003. Amended: Filed March 18, 2004; effective April 22, 2004. Amended: Filed August 20, 2004; effective September 24, 2004.

PENALTY: As provided by law.

(1) The taking of oysters from public reefs is regulated by both the Department of Conservation and Natural Resources, and the Department of Public Health; therefore, you should contact the Marine Resources Division, P. 0. Box 189, Dauphin Island, AL 36528 for information on the latest regulations.

(2) It shall be unlawful for any person to take or attempt to take oysters from public reefs in open areas except from sunrise until 4:00 p.m. each day.

(3) Unless otherwise provided, the minimum lawful size of oysters taken shall be three inches (3") with an allowance of not more than five percent (5%) for undersize oysters and dead shell. Oysters shall be culled upon the reef from which they were taken.

(4) Except as otherwise hereinafter provided, it shall be unlawful for any person to take or attempt to take oysters except by hand or hand tongs.

(5) It shall be unlawful for any person to take or attempt to take oysters from the public reefs and/or from private reefs and bottoms of the State of Alabama by means of oyster dredges except as follows:

(a) The Commissioner of Conservation may issue a written permit allowing oyster dredges to be used for taking or removing oysters from public or private oyster reefs or from those water bottoms which have been leased from the State of Alabama pursuant to the authority contained in section 9-12-24 of the Code of Ala. 1975. The permittee must use the oyster dredge only upon such days, at such times and within such areas as shall be specified in the permit. The dredging shall be under strict supervision of the Division of Marine Resources and such supervision shall be directed by an agent of such Division who may accompany the boat on which the dredge is carried and may remain on board said boat during the entire dredging operation or for such periods of time during such operation as said agent deems advisable.

(b) No permittee may allow the craft on which his dredge is carried to be anchored at night. Said craft must return each night to a dock which has been designated by the permittee in writing, to the Marine Resources Division.

(c) Permittees must notify the Marine Resources Division of the Department of Conservation and Natural Resources or one of its authorized agents not later than twenty-four (24) hours before beginning the dredging operations as specified in his permit.

(6) It shall be unlawful for any person, firm, association or corporation to carry or transport any oyster dredges on board of or attached to any vessel, boat, or other water craft; provided that upon evidence of good faith such person, firm, association or corporation may upon application to the Commissioner of Conservation be issued a permit by said Commissioner permitting him or it to carry or transport on board a vessel, boat or other water craft such oyster dredge but under no condition shall such permit so issued authorize the permittee or his agent or employee to dredge oysters on the public reefs and bottoms of the State of Alabama unless dredging should be permitted by regulation duly promulgated by the Commissioner of Conservation.

(7) Any seed oysters taken from any public reef or public seed oyster bed of this State must remain on the beds to which they are transferred or planted for a period of not less than six (6) months unless written approval for a shorter length of time is obtained from the Director of the Marine Resources Division.

(8) It shall be unlawful between the hours of sundown and sunrise to transport oysters by watercraft through any areas closed to the taking of oysters by regulation of the Department of Public Health or the Department of Conservation and Natural Resources.

(9) It shall be unlawful for persons to take for noncommercial purposes more than 100 oysters per person per day from the public reefs, beds or bottoms in the water of this State. However, this limitation does not apply to persons having a commercial oyster license.

(10) Certain waters in the vicinity of sewage discharges at Dauphin Island, Bayou La Batre, Coden, Gulf Shores, Bon Secour River, upper Mobile Bay and Oyster Bay are permanently closed to oystering by the Department of Public Health. Because these areas may change, the latest closure orders should be obtained from the Marine Resources Division offices at Bayou La Batre, Dauphin Island or Gulf Shores.

(11) All oysters shall be sacked according to the standard Alabama measure of four (4) sacks per barrel and it shall be unlawful to land any oysters for commercial purposes which have not been sacked in this manner. It shall be unlawful to transfer oysters from one boat to another for purposes of avoiding the requirement of this regulation or to transfer any oysters to any unlicensed oyster boat or unlicensed oyster catcher. Any person or persons cited for exceeding the limit provided for herein shall be required to immediately transport and redistribute any said excess oysters on the nearest public reef. Failure to so transport and redistribute shall be considered a violation of this regulation.

Authors: John W. Hornet, James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-33.

History: Filed September 30, 1982. Amended: Effective June 13, 1986; August 28, 1987(E); October 28, 1988; April 4, 1989; April 19, 1989; October 15, 1990(E); November 20, 1990(E).

PENALTY: As provided by law.

(1) Any person possessing, transporting, or using any seine, gill net, trammel net, or other entangling net more than 300 feet in length as measured along the cork line or main top line, or possessing, transporting, or using for commercial purposes a seine, gill net, trammel net, or other entangling net 300 feet or less as measured along the cork line or main top line, on or in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42, shall be validly licensed or permitted under Code of Ala. 1975, §9-12-113 and shall have such license or permit in possession. Provided further, any person possessing, transporting, or using for recreational purposes a gill net 300 feet or less as measured along the cork line or main top line, on or in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 shall be validly licensed under Code of Ala. 1975, §9-12-123 and shall have such license in possession.

(2) Roe mullet permit requirements: Any person possessing, using, or attempting to use, any commercial gill net, trammel net, or other entangling net with a mesh size of one and seven-eighths (1 7/8) inches knot to knot or larger to take or attempt to take any fish during the period of October 24 through December 31 of each year in the waters of Alabama must have a roe mullet permit as provided by Code of Ala. 1975, §9-12-113; provided further, that any person in possession of mullet while possessing, using, or attempting to use any commercial gill net, trammel net, or other entangling net is also required to have said roe mullet permit.

(3) Spanish mackerel permit requirements: Any person possessing, using, or attempting to use, any commercial seine, gill net, trammel net, or other entangling net in the waters of Alabama, including the territorial waters in the Gulf of Mexico, who possesses any Spanish mackerel must have a Spanish mackerel permit as provided by Code of Ala. 1975, §9-12-113.

(4) Display of placard: The placard issued by the Department of Conservation and Natural Resources as provided for in Code of Ala. 1975, §9-12-113(d), shall be visibly displayed on the permittee’s designated vessel in a location on the port side of the vessel between the bow and amidship.

(5)(a) General minimum mesh size for "inside waters" for fish other than menhaden: Except as otherwise provided in paragraph (5)(c), it shall be unlawful to use or attempt to use any gill net, trammel net or other entangling net to take or attempt to take fish other than menhaden from the "inside waters" under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 and as defined by Rule 220-3-.04(l) the mesh of which is smaller than one and three-eighths (1-3/8) inches knot to knot.

(b) Minimum mesh size for menhaden: The mesh size for commercial gill nets, trammel nets, or other entangling nets used for the taking of menhaden shall be one and one quarter (1-1/4) inches knot to knot or larger provided that not more than 5 percent bycatch of other species by number (excluding game fish) may be in possession.

(c) Special October 24 – December 31 mesh size provisions: Except as otherwise provided in paragraphs (7)(a) and (7)(b), from October 24 through December 31 of each year a mesh size of one and seven-eighths (1-7/8) inches knot to knot or larger shall be required for commercial gill, trammel, or other entangling nets used to take or attempt to take fish other than menhaden in the waters under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42, except that a mesh size of one and three-eighths (1-3/8) inches knot to knot or larger, but less than one and seven-eighths (1-7/8) inches knot to knot, may be used for the taking of fishes other than mullet.

(6)(a) Special provisions for certain rivers, bayous, creeks, or streams: It shall be unlawful to use any net or seine in any rivers (except in those portions of the Blakely and Appalachia Rivers south of the I-10 Causeway), streams, creeks, bayous or tributaries under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42; provided, a cast net or seine, commonly known as a minnow seine, the length of which shall not exceed 25 feet and the width or depth of which shall not exceed 4 feet, may be used for the taking of shad or minnows for the exclusive use as fish bait; and provided further, a cast net may be used to take mullet. All other fish and seafood taken by a cast net or seine, as allowed under this paragraph, shall be immediately returned to the water from whence they came with the least possible injury. Rivers, streams, creeks, bayous, and tributaries shall be considered closed areas for the purposes of Code of Ala. 1975, §9-12-113(j)(2).

(b) From September 1 through December 31, it shall be unlawful to possess a gill net, trammel net, any other entangling net, or seine, except a minnow seine as described in paragraph (a), aboard a boat in Fowl River or its tributaries north of Bellingrath Garden boat dock, in Dog River or its tributaries north and west of a line running from the west bank of the mouth of Perch Creek to the east bank of the mouth of Alligator Bayou, or in Theodore Industrial Canal west of a line running north and south at Cedar Point Road (where old middle Deer River bridge was located). Any person convicted of the violation of possession of a gill net, trammel net, any other entangling net, or seine aboard a boat as provided by this paragraph shall receive two (2) points toward the 10-point system provided by Code of Ala. 1975, §9-12-113. Provided further, it shall be illegal to possess fish, except menhaden, in, or in contact with, a net or seine aboard a boat in East or West Fowl River or their tributaries west of Highway 193 and north of Highway 188, Fish River or its tributaries, Magnolia River or its tributaries, or Bon Secour River or its tributaries. Any person convicted of the violation of possession of fish, except menhaden, in, or in contact with, a net or seine aboard a boat as provided by this paragraph, shall receive three (3) points toward the 10-point system provided by Code of Ala. 1975, §9-12-113.

(7)(a) Special Gulf waters provisions on closures, openings, and mesh size:

1. From 12:01 a.m. May 8 to 12:01 a.m. the day after Labor Day each year, all waters of the Gulf of Mexico, from Old Little Lagoon Pass East to the Florida line shall be closed to the commercial use of gill nets, trammel nets, other entangling nets, seines, and haul seines.

2. In addition, all waters of the Gulf of Mexico including Pelican Bay, from the shoreline (including Pelican/Sand Island) out to 0.25 miles shall be closed year round to the commercial use of gill nets, trammel nets, other entangling nets, seines, and haul seines, except as follows:

(i) From 12:01 a.m. March 15 to 12:01 a.m. May 8 each year, the following portion of said waters shall be open to such use from 6:00 p.m. to 6:00 a.m.: From Old Little Lagoon Pass, East to the Florida Line;

(ii) From 12:01 a.m. October 2 to 12:01 a.m. January 1 each year, the following portion of said waters shall be open to such use 24 hours per day: From Old Little Lagoon Pass, East to the Florida line;

(iii) From 12:01 a.m. on the day after Labor Day through March 14 each year, the following portion of said waters shall be open to such use 24 hours per day: West of Old Little Lagoon Pass in Mobile and Baldwin Counties; and

(iv) From March 15 until 12:01 a.m. the Saturday before Labor Day each year, the following portion of said waters shall be open to such use from 6:00 p.m. to 6:00 a.m.: West of Old Little Lagoon Pass in Mobile and Baldwin Counties.

(v) From March 15 until 12:01 a.m. the Saturday before Labor Day each year, the following portion of said waters shall be open to such use twenty-four (24) hours per day except for the Memorial Day, July 4^th, and Labor Day closures described in (3) below: Those waters west of the last house on Dauphin Island (located at Longitude 88º11.500), from the shoreline out to 0.25 miles.

3. In addition, all waters of the Gulf of Mexico including Pelican Bay shall be closed to the commercial use of gill nets, trammel nets, other entangling nets, seines, and haul seines, from 12:01 a.m. the Saturday before Memorial Day until 12:01 a.m. the day after Memorial Day each year, and from 12:01 a.m. on July 4, 2003 until 12:01 a.m. on July 7, 2003, and from 12:01 a.m. on July 3, 2004 until 12:01 a.m. July 6, 2004, and from 12:01 a.m. the Saturday before Labor Day until 12:01 a.m. the day after Labor Day each year.

4. For the purposes of this paragraph, Gulf waters East of Old Little Lagoon Pass shall be defined as those Gulf waters east of Longitude 087º47'826".

5. All Gulf waters including Pelican Bay shall be closed to the use of recreational gill nets.

6. The minimum mesh size for gill nets permitted under Code of Ala. 1975, §9-12-113 used to take or attempt to take mullet, shall be one and seven-eighths (1-7/8) inches knot to knot and the minimum mesh size for gill nets used to take other fish, except as otherwise provided in (5)(b), shall be one and nine-sixteenths (1 9/16) inches knot to knot. Possession of mullet and a gill net with less than a minimum mesh size of one and seven-eighths (1 7/8) inches knot to knot on board a boat in the waters of Alabama from October 24 through December 31 shall be prohibited.

(b) General Gulf waters provisions on mesh size: Except as otherwise provided in paragraphs (5)(b) and (7)(a), it shall be unlawful to use any gill net, trammel net, or other entangling net to take or attempt to take any fish in the waters of the Gulf of Mexico open to netting, including Pelican Bay, within the territorial jurisdiction of this State, the mesh of which is smaller than one and three-fourths (1-3/4) inches knot to knot.

(8)(a) Except as otherwise provided by law or regulation, it shall be unlawful to take or attempt to take any fish in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 with any seine or purse seine over twenty-five (25) feet in length with a mesh size smaller than three-fourths (3/4) inch knot to knot.

(b) From October 24 through December 31 of each year, it shall be unlawful to use, or attempt to use, any seine to take, or attempt to take, mullet in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42.

(9) There are no mesh size requirements for trawls and cast nets.

(10) It shall be unlawful to use, to take, or attempt to take fish with, or to possess on board a boat, in the waters of Alabama, any gill nets, trammel nets, or any other entangling net, greater than 80 meshes in depth north of a line running in an eastwardly direction from the north bank of East Fowl River to Middle Bay Light to Great Point Clear.

(11) From October 24 through December 31 of each year it shall be unlawful to use any set nets (gill nets, trammel nets, or other entangling nets, etc.) in the waters of Bon Secour Bay south of the Gulf Intracoastal Waterway from Oyster Bay west to the last Waterway navigational marker and from that point southwestward to the northwestern tip of the Fort Morgan Peninsula. During this time period, this area shall be open to strike nets but these nets cannot be used within 300 feet of any pier, wharf, dock, or boat launching ramp in this area. "Strike net" means a gill net, trammel net, or other entangling net, that is set and used from a boat in a circular pattern and is not anchored or secured to the water bottom or shore and which is immediately and actively retrieved.

(12) From January 1 through the day after Labor Day of each year it shall be unlawful to use any seine, gill net, trammel net, or other entangling net to take or attempt to take any fish in all waters inside of a meandering line beginning at the east end of Dauphin Island at the Park and Beach Board pier and running in a northwestwardly direction along the northern shore of Little Dauphin Island to its intersection with the Dauphin Island Bridge, and then northwardly along the east side of the Dauphin Island Bridge to its intersection with the Gulf Intracoastal Waterway, then westwardly along the southern edge of the Gulf Intracoastal Waterway to Aloe Bay Channel marker "BA, F1 (2+1) G 6s," then southwardly to Aloe Bay Channel marker number "2" and then to the western end of the Dauphin Island Airport runway, then eastwardly along the northern shore of Dauphin Island to the east end of Dauphin Island at the Park and Beach Board Pier.

(13) It shall be unlawful for any person, firm, or corporation to use any gill net, trammel net, seine or purse seine, or other entangling net to take or attempt to take fish in any marked navigational channel, Theodore Industrial Canal, Little Lagoon Pass, Perdido Pass, or any man-made canal (including but not limited to the following bays and canals on Dauphin Island: Quivera Bay, Polaris Lagoon, Port Royal Lagoon, Lafitte Bay, Indian Bay, Indian Canal, Buchanan Bay, Columbia Bay, Colony Cove, Spanish Bay, Barcelona Bay, Salt Creek, Government Cut, and Billy Goat Hole); provided further, it shall be unlawful to use any gill net, trammel net, seine or purse seine, or other entangling net to take or attempt to take fish within 300 feet of the mouth of Dog River, Theodore Industrial Canal, East Fowl River, West Fowl River, Bayou Coden, Bayou La Batre, and the Mobile Bay entrance to Billy Goat Hole/Government Cut in Mobile County, or Fly Creek, Fish River, Magnolia River, Graham Bayou, Wolf Creek, Miflin Creek, Roberts Bayou, Palmetto Creek, Soldier Creek, Perdido Pass, and Little Lagoon Pass in Baldwin County.

(14) It shall be unlawful to use any seine, gill net, trammel net, or other entangling net required to be licensed or permitted under Code of Ala. 1975, §9-12-113, to take or attempt to take fish within 300 feet of any pier, marina, or boat launching ramp. It shall be unlawful to use any seine, gill net, trammel net, or other entangling net to take or attempt to take fish within 300 feet of any of the following "relic" piers: Zundel’s, Old Daphne Steamship, Battles, and Quarantine, or within 300 feet of artificial reef areas established and marked by the Marine Resources Division, within the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42; and, it shall be unlawful to use a recreational gill net required to be licensed under Code of Ala. 1975, §9-12-123 to take or attempt to take fish beyond 300 feet from any shoreline; provided further, it shall be unlawful to use any seines or nets in any manner so as to prevent ingress or egress to or from any pier, wharf, dock, marina, or boat launching ramp. The prohibited use areas referred to herein shall be considered closed areas for the purposes of Code of Ala. 1975, §9-12-113(j)(2).

(15) Gill nets and seines permitted under Code of Ala. 1975, §9-12-113, shall be marked at intervals of 100 feet or less along the float line with colored floats that contrast with any other floats used on the float line. Such gill nets shall be marked at intervals of 300 feet or less along the float line with the fisherman's permit number. Permit numbers will remain the same for each year. Any person convicted of the violation of possession on board a boat or use of an unmarked gill net(s) (without the fisherman’s permit number marked along the float line as required by this paragraph) shall receive four (4) points toward the 10-point system provided by Code of Ala. 1975, §9-12-113. Any person convicted of the violation of possession on board a boat or use of an improperly marked gill net(s) (with the fisherman’s permit number being marked along the float line in a manner other than as required by this paragraph) shall receive one (1) point toward the 10-point system provided by Code of Ala. 1975, §9-12-113.

(16) Gill, trammel, and other entangling nets, and seines operated in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 must be constantly attended by the person licensed or permitted to operate the net. Any person convicted of the violation of an unattended gill, trammel, or other entangling net or seine required to be licensed or permitted under Code of Ala. 1975, §9-12-113, shall receive three (3) points toward the 10-point system provided for by Code of Ala 1975, §9-12-113.

(17) From the first day after Labor Day until 12:00 midnight on October 31 of each year, possession of mullet on board a boat with a seine, gill net, trammel net, or other entangling net, or possession of mullet taken by cast net on board a boat, shall be prohibited in the waters of Bon Secour Bay and Mobile Bay (including those portions of Blakely and Appalachee Rivers south of the I-10 Causeway) north of the Intracoastal Waterway. Provided further, from 12:00 midnight on October 23 to 12:00 noon on October 24 of each year, it shall be unlawful to possess, or to use, attempt to use, set, or deploy, a seine, gill net, trammel net, or other entangling net, on (including aboard a boat), or in, the waters of Bon Secour Bay and Mobile Bay (including those portions of Blakely and Appalachee Rivers south of the I-10 Causeway) north of the Intracoastal Waterway. Provided further, from 12:00 noon on October 24 to 12:00 midnight on October 31 of each year, all waters in Bon Secour Bay and Mobile Bay south of a line running from the north shore of the Theodore Industrial Canal southeastward along the northern edge of the Theodore Ship Channel to its intersection with the Mobile Ship Channel and then eastward to Great Point Clear shall be opened to the use of gill nets. Provided further, from 12:00 midnight on October 31 to 12:00 noon on November 1 of each year, it shall be unlawful to possess, or to use, attempt to use, set, or deploy, a seine, gill net, trammel net, or other entangling net, on (including aboard a boat), or in, the waters in Mobile Bay north of a line running from the north shore of the Theodore Industrial Canal southeastward along the northern edge of the Theodore Ship Channel to its intersection with the Mobile Ship Channel and then eastward to Great Point Clear. It shall be unlawful to transfer gear or fish for the purpose of avoiding the requirements of this paragraph.

(18) There is hereby established a possession limit on mullet caught by cast net or snagging of 25 fish per boat per day or 25 fish per person per day from the shore during the period of October 24 through December 31 of each year. It shall be unlawful to possess on board a boat more than 25 mullet while cast netting or snagging in waters closed to the use of gill nets. Notwithstanding any provision herein to the contrary, however, from October 24 through December 31, it shall be unlawful to take mullet by snagging (a method of taking fish with one or more hooks attached to a line or artificial lure used in a manner to foul hook a fish. A fish is foul hooked when caught by a hook in an area other than the fish’s mouth), or by the use of a cast net in Theodore Industrial Canal, Dog River, Fowl River, or tributaries thereof.

(19) It shall be unlawful to remove roe of mullet or otherwise process roe mullet aboard any boat or vessel within the territorial waters of this State.

(20)(a) A recreational gill net licensee shall have only one net in use at any time and shall possess only one net on board a boat in the waters of Alabama. It shall be unlawful for a recreational gill net to be on board a boat with a net, seine, or purse seine, required to be licensed or permitted under Code of Ala. 1975, §9-12-113. It shall be unlawful to use or possess a recreational gill net in conjunction with the use or possession of any net, seine, or purse seine, required to be licensed or permitted under Code of Ala. 1975, §9-12-113.

(b) A recreational gill net licensee shall take or possess only one standard fish box of fish per day. A standard fish box measures 15 inches by 15 inches by 24 inches.

(c) Recreational gill nets licensed under Code of Ala. 1975, §9-12-123, shall bear a tag or float showing the name and license number of the licensee.

(21) It shall be unlawful to possess game fish in conjunction with the use or possession of any net, seine, or purse seine, required to be licensed or permitted under Code of Ala. 1975, §9-12-113, or required to be licensed under Code of Ala. 1975, §9-12-123. Commercial hook and line fishermen in possession of over the limit of species regulated by a bag limit shall not possess game fish. Any person convicted of the violation of possession of game fish in conjunction with the use or possession of any net, seine, or purse seine required to be licensed or permitted under Code of Ala. 1975, §9-12-113, shall receive four (4) points toward the 10-point system provided for by Code of Ala. 1975, §9-12-113. [Editorial Note: Last sentence of this paragraph added by 97-MR-7 amendment to 220-3-.03 will be effective on 9/23/97.]

(22) It shall be unlawful to use or possess on board a vessel a gill, trammel, or other entangling net or seine with a mesh of which is smaller than one and seven-eights (1 7/8) inches knot to knot that does not have one float or cork at least two (2) inches in diameter at intervals of five feet or less along the float line; or a buoy with a diameter of a least six (6) inches at intervals of fifty feet or less along the float line.

(23) Rule 220-3-.03, entitled "Seafoods Other Than Shrimp and Oysters," as previously promulgated, is hereby expressly repealed in its entirety.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-110, 9-12-113.

History: Filed September 30, 1982. Amended: Filed May 25, 1984; April 29, 1986; August 8, 1986; April 16, 1987(E); December 2, 1987; March 29, 1988(E); March 24, 1989; June 21, 1989; August 28, 1989(E); October 12, 1989; June 6, 1990(E); July 19, 1990; July 31, 1990(E); January 28, 1991(E); April 11, 1991(E); June 13, 1991; September 24, 1991; October 29, 1991; January 14, 1992(E); August 26, 1992; September 17, 1992; October 21, 1992(E); September 13, 1993 (E). Amended: Filed LRS October 4, 1993. Effective November 8, 1993. Amended: Filed January 10, 1994; effective February 14, 1994. Amended: Filed March 24, 1994; effective April 28, 1994. July 14, 1994(E). Amended: Filed July 14, 1994; effective August 28, 1994. Emergency Rule: Filed November 17, 1994. Amended: Filed February 23, 1995; effective February 23, 1995. Repealed and Replaced: Filed January 31, 1996; effective March 7, 1996. Amended: Filed August 18, 1997; effective September 23, 1997. Amended: Filed October 20, 1997; effective November 24, 1997. Amended: Filed November 9, 1998; effective December 15, 1998. Amended: Filed July 16, 2002; effective August 20, 2002. Amended: Filed January 6, 2003; effective February 10, 2003. Amended (PE): Filed May 21, 2003; effective May 21, 2003. Amended (PE): Filed June 10, 2003; effective June 10, 2003. Amended: Filed August 18, 2004; effective September 22, 2004.

PENALTY: As provided by law.

(1) For the purpose of all laws and regulations pertaining to seafood’s, the phrase "inside waters of the State of Alabama" includes all waters north of a line extending from the Florida-Alabama line westward along the shore to Alabama Point, thence along the Baldwin County beaches of the Gulf of Mexico to the most southwestern tip of Fort Morgan Peninsula, known as Mobile Point, and from this point across the mouth of Mobile Bay to the most southeastern tip of Dauphin Island, thence along the Dauphin Island beaches of the Gulf of Mexico to the most southwestern point on Dauphin Island, thence west by southwest to the intersection with the southward extension of the Alabama-Mississippi state line.

(2) It shall be unlawful to mutilate, destroy, move from location, tie to or otherwise disturb any buoy, sign, piling, pole or other marker established by the Division of Marine Resources to mark fishing reefs, oyster reefs, restricted areas or other areas of concern or to mutilate, destroy, move from location or otherwise disturb any fixed or anchored sampling device used in research in the saltwaters of this State.

(3) Picnicking, except at tables provided, and camping are prohibited at all public boat launching areas and ramps operated by the Department of Conservation and Natural Resources, Marine Resources Division.

(4) The overnight mooring of boats, houseboats and other watercraft, except in emergencies, is unlawful at all public launching areas and ramps operated by the Department of Conservation and Natural Resources, Marine Resources Division.

(5) No industrial or construction equipment such as barges, dredges, etc. are to be loaded or unloaded from any boat landing operated by the Marine Resources Division of the Department of Conservation and Natural Resources without the specific written authorization of the Commissioner of Conservation and Natural Resources.

(6) Persons using access areas operated by the Marine Resources Division of the Department of Conservation and Natural Resources shall park their vehicles and trailers in designated parking areas or, when areas are not designated, in such a way so as not to block any part of the ramp or approach to the ramp or interfere with the use of the boat landing by other people.

(7) Persons using access areas operated by the Marine Resources Division of the Department of Conservation and Natural Resources shall either place their trash and refuse matter in cans provided for such purposes or take it with them when they leave.

(8) It shall be unlawful for any person to discard dead fish or other dead seafoods within 500 feet of any shoreline or into the waters of the Gulf of Mexico within three (3) miles of the Gulf beaches.

(9) Discarding dead fish or other dead seafoods into any creek, bayou, river or stream shall be unlawful.

(10) Fish caught from state-owned or operated piers, or from launching areas and ramps operated by the Marine Resources Division of the Department of Conservation and Natural Resources, shall be removed by the fisherman. Any person found guilty of littering dead fish on said piers, areas and ramps shall be guilty of a misdemeanor and shall be punished as provided by law.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Filed September 30, 1982. Amended: Filed December 25, 1987.

PENALTY: As provided by law.

History: Emergency rule filed December 10, 1982; effective December 11, 1982. No permanent adoption.

220-3-.06.02ER Discarding Dead Fish And Other Seafoods Into The Gulf Of Mexico.

History: Emergency rule filed June 30, 1983; effective July 1, 1983. No permanent adoption. Emergency Rule filed July 11, 1983; effective July 11, 1983. No permanent adoption. NOTE: The last emergency rule amended emergency rule filed June 30, 1983; effective July 1, 1983 and repealed Rule No. 220-3-.07-.03ER filed July 6, 1983; effective July 7, 1983.

220-3-.07.03ER Closed Shrimping In The Waters Of The Gulf Of Mexico.

History: Filed July 6, 1983; effective July 7, 1983. Repealed: Rule 220-3-.06-.02ER filed July 11, 1983; effective July 11, 1983.

(1) Redfish and Speckled Sea Trout.

(a) No person may possess or transport for the purpose of sale a redfish or speckled sea trout.

(b) No person may sell or offer for sale a redfish or speckled sea trout.

(c) No person may purchase or offer to purchase for resale a redfish or speckled sea trout.

(d) A person who violates paragraph (1) is guilty of a misdemeanor. Each fish possessed, sold, offered for sale, purchased, or attempted to be purchased in violation of paragraph (1) is a separate offense.

(e) In this Regulation:

1. "Redfish" means red drum or sciaenops ocellata and includes all parts of that fish.

2. "Speckled sea trout" means cynoscion nebulosus and includes all parts of that fish.

(f) Paragraph (1) applies to the possession, transportation, sale, and purchase of redfish and speckled sea trout without regard to where the fish was caught, but does not apply to:

1. the transportation and possession of redfish and speckled sea trout caught outside this state and transported by common carrier from outside this state to a point of delivery outside this state;

2. redfish and speckled sea trout that are raised by a licensed fish farmer in a private pond and are marked or identified as provided by rules of the Department; or

3. the importation into this state from another state or country of lawfully taken, caught or raised redfish or speckled sea trout, transported or sold when not alive, if tagged, packaged, or labeled under applicable regulations of the Department of Conservation and Natural Resources.

(g) Any person possessing for final sale to the consumer redfish or speckled sea trout in violation of paragraph (1) shall be guilty of a misdemeanor.

(h) Any person may sell or purchase for use as food, at any season of the year, any imported redfish or speckled sea trout tagged, packaged, or marked for identification as provided for by any applicable regulation of the Department of Conservation and Natural Resources.

(1) Possession of more than two times the possession limits of redfish or speckled sea trout as provided by other regulations of the Department is prima facie evidence that the fish are possessed for sale in violation of subparagraph (a) of paragraph (1).

(2) Redfish and Speckled Sea Trout: Display of Documents.

(a) A person who claims to possess a redfish or speckled sea trout under an exemption provided by subparagraph (f) of paragraph (1) commits an offense if:

1. the person fails to keep with the fish any document, including a tag, invoice, or bill of lading, that is required by a regulation of the Department for the purpose of the identification of the place of origin or the exempt status of the redfish or speckled sea trout; or

2. the person fails, on the request of a conservation enforcement officer, to present to the officer without delay a document, including a tag, invoice, or bill of lading, that is required by a regulation of the Department for the purpose of the identification of the place of origin or exempt status of the redfish or speckled sea trout.

(b) An offense under paragraph (2) is a misdemeanor.

(c) A culpable mental state is intended to be dispensed with for an offense under paragraph (2).

(3) Retention of Redfish and Speckled Sea Trout.

(a) No person who is using a trawl for the purpose of taking shrimp may retain a redfish or speckled sea trout caught in the trawl.

This regulation shall become effective on the 36th day after filing with the Legislative Reference Service and shall expire one year from the effective date.

Author: John W. Hodnett

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Filed April 19, 1984; corrected copy filed June 29, 1984.

History: Emergency Adoption: Filed January 10, 1984; effective January 11, l984. Emergency Repeal: Emergency Rule No. 220-3-.09-.07ER filed January 20, 1984 repealed this rule effective January 20, 1984.

220-3-.10ER Discarding Of Dead Fish And Other Dead Seafoods Into The Gulf Of Mexico.

History: Emergency Adoption: Filed July 2, 1984; effective July 3, 1984; expiration October 30, 1984. No permanent adoption. Emergency Adoption: Filed June 26, 1985; effective June 27, 1985; expiration October 25, 1985. No permanent adoption. Emergency Adoption: Filed June 19, 1987; effective June 19, 1987; expiration October 16, 1987. No permanent adoption.

(1) Persons, firms or corporations importing spotted seatrout and/or red drum (redfish) into the State of Alabama for the purpose of sale; and persons, firms, or corporations which sell imported spotted seatrout and/or red drum; persons, firms, or corporations raising spotted seatrout and/or red drum in ponds within the State of Alabama for the purpose of sale shall comply with the following provisions:

(a) Persons, firms, or corporations purchasing spotted seatrout or red drum from a licensed dealer or fisherman residing outside the State of Alabama shall maintain the bill of sale or other proof of purchase which shall show the dealer's name, and address, pounds of each species purchased, date of purchase, and place of origin. Records shall be maintained until said shipment is disposed of and a copy thereof shall accompany any quantity which is sold to another person, firm, or corporation for the purpose of resale, except said copy may exclude the name of the seller's dealer if the seller maintains his purchase records for a minimum of thirty days, which records shall be immediately available for inspection.

(b) Persons, firms, or corporations who have caught spotted seatrout or red drum from the waters of another state may import these fish into the State of Alabama for the purpose of sale providing said persons, firm, or corporation is licensed within that state and said fish are legally taken pursuant to that state's laws and regulations.

(c) Persons, firms, or corporations purchasing any quantity of fish for the purpose of resale shall obtain from the catcher a signed and dated affidavit showing the name of the catcher, where the fish were caught, date of catch and commercial fisherman's license number issued by that state.

(d) Persons, firms, or corporations who have caught spotted seatrout or red drum from the waters of the federal Fisheries Management Zone where licenses are not required, may import these fish into the State of Alabama for the purpose of sale within the State of Alabama or for the purpose of shipment to another state provided a daily log is maintained on the boat or vessel in which is recorded the date of the catch, the navigational coordinates of each catch, and the estimated quantity of speckled trout and/or red drum in each catch. Persons, firms, or corporations purchasing any quantity of said fish for the purpose of resale shall obtain from the catcher a signed and dated affidavit showing the captain's name and address, boat or vessel name or registration, date and location of catch.

(e) Persons, firms, or corporations raising spotted seatrout or red drum in ponds shall maintain records providing the date of stocking, size of fish when stocked, the date of harvest and the amount of harvest.

(2) This regulation shall become effective at 6:00 a.m. on the 36th day after filing with the Legislative Reference Service.

Author: John W. Hodnett

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Filed April 15, 1985.

220-3-.12 Redfish And Speckled Sea Trout Game Fish Regulation.

(1) Redfish and Speckled Sea Trout.

(a) No person may possess or transport for the purpose of sale a redfish or speckled sea trout.

(b) No person may sell or offer for sale a redfish or speckled sea trout.

(c) No person may purchase or offer to purchase for resale a redfish or speckled sea trout.

(d) A person who violates paragraph (1) is guilty of a misdemeanor. Each fish possessed, sold, offered for sale, purchased, or attempted to be purchased in violation of paragraph (1) is a separate offense.

(e) In this Regulation:

1. "Redfish" means red drum or sciaenops ocellata and includes all parts of that fish.

2. "Speckled sea trout" means cynoscion nebulosus and includes all parts of that fish.

(f) Paragraph (1) applies to the possession, transportation, sale, and purchase of redfish and speckled sea trout without regard to where the fish was caught, but does not apply to:

1. the transportation and possession of redfish and speckled sea trout caught outside this state and transported by common carrier from outside this state to a point of delivery outside this state;

2. redfish and speckled sea trout that are raised by a licensed fish farmer in a private pond and are marked or identified as provided by rules of the Department; or

3. the importation into this state from another state or country of lawfully taken, caught or raised redfish or speckled sea trout, transported or sold when not alive, if tagged, packaged, or labeled under applicable regulations of the Department of Conservation and Natural Resources.

(g) Any person possessing for final sale to the consumer redfish or speckled sea trout in violation of paragraph (1) shall be guilty of a misdemeanor.

(h) Any person may sell or purchase for use as food, at any season of the year, any imported redfish or speckled sea trout tagged, packaged, or marked for identification as provided for by any applicable regulation of the Department of Conservation and Natural Resources.

(i) Possession of more than two times the possession limits of redfish or speckled sea trout as provided by other regulations of the Department is prima facie evidence that the fish are possessed for sale in violation of subparagraph (a) of paragraph (1).

(2) Redfish and Speckled Sea Trout: Display of Documents.

(a) A person who claims to possess a redfish or speckled sea trout under an exemption provided by subparagraph (f) of paragraph (1) commits an offense if:

1. the person fails to keep with the fish any document, including a tag, invoice, or bill of lading, that is required by a regulation of the Department for the purpose of the identification of the place of origin or the exempt status of the redfish or speckled sea trout; or

2. the person fails, on the request of a conservation enforcement officer, to present to the officer without delay a document, including a tag, invoice, or bill of lading, that is required by a regulation of the Department for the purpose of the identification of the place of origin or exempt status of the redfish or speckled sea trout.

(b) An offense under paragraph (2) is a misdemeanor.

(c) A culpable mental state is intended to be dispensed with for an offense under paragraph (2).

(3) Retention of Redfish and Speckled Sea Trout.

(a) No person who is using a trawl for the purpose of taking shrimp, or is using a net or seine, for commercial or recreational purposes, may retain a redfish or speckled sea trout caught in the trawl, net, or seine, and said fish shall be immediately returned to the waters from whence they came with the least possible injury to the fish.

Authors: John W. Hodnett; James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Effective July 23, 1985. Amended: Effective July 23, 1986; October 22, 1992.

PENALTY: As provided by Code of Ala. 1975, §9-1-4.

220-3-.15 Oyster Season And Sack Limit Regulation. All public water bottoms of Alabama not closed by the Department of Public Health, shall be opened for the taking of oysters; provided, however, that those public water bottoms opened to oystering shall be opened to the taking of oysters only from 6:00 a.m. to 3:00 p.m. Monday through Friday of each week and also from 6:00 a.m. to 3:00 p.m. for the next six Saturdays on which public reefs are open by the Department of Public Health, following the effective date of this regulation; except however that each Saturday from the first Saturday in October through the last Saturday in December of each year, those public water bottoms opened to oystering shall be opened to the taking of oysters only from 6:00 a.m. to 12:00 noon; and further provided, that from the first Monday in June through the last Friday in September of each year, those public water bottoms opened to oystering shall be opened to the taking of oysters only from 6:00 a.m. to 12:00 Noon Monday through Friday of each week. The commercial harvest of oysters by licensed oyster catchers shall be limited to eight (8) sacks per licensed oyster catcher per day [according to the standard Alabama measure of one-quarter (1/4) Alabama barrel per sack] or sixteen (16) sacks per boat per day regardless of the number of licensed oyster catchers on board the boat; provided further, no licensed oyster catcher may move to another boat or transfer his catch to, or place his catch in, another boat for purposes of avoiding the requirements of this regulation. A boat towed to or from the public oyster reefs and upon which oysters are transported from the public oyster reefs shall be considered as part of the towing boat for the purposes of the daily limit of sixteen (16) sacks per boat, unless a licensed oyster catcher or catchers remains on board the boat at all times while on the public oyster reefs or transporting oysters from the public oyster reefs.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Filed August 28, 1987(E); October 22, 1987(E); December 17, 1987(E); April 6, 1988(E); September 1, 1988(E); March 3, 1989(E); April 27, 1989(E); August 29, 1989(E); September 29, 1989(E); November 9, 1989(E); April 27, 1990(E); November 7, 1990(E); March 1, 1991(E); May 21, 1991(E); September 12, 1991(E); May 7, 1992(E); June 25, 1992(E); September 2, 1992(E); November 23, 1992(E); January 7, 1993(E); February 5, 1993(E); February 8, 1993(E); May 31, 1993(E); September 14, 1993(E); March 28, 1994(E); May 30, 1994(E); June 2, 1994(E). Amended: Filed October 4, 1993; effective November 8, 1993. Amended: Filed June 1, 1994; effective July 6, 1994. Amended: Filed June 8, 1994; effective July 13, 1994. Amended: Filed November 9, 1994; effective November 9, 1994. Amended: Filed April 27, 1995; effective June 1, 1995. Amended: Filed September 25, 1995; effective October 2, 1995. Amended: Filed May 29, 1996; effective May 29, 1996. Amended: Filed August 28, 1996; effective September 2, 1996. Amended: Filed September 3, 1996; effective September 3, 1996. Amended: Filed October 17, 1996; effective October 21, 1996. Repealed: Filed November 12, 1996; effective November 12, 1996. (See Peremptory Rules 220-2-.39). New Rule: Filed December 5, 1996; effective December 5, 1996. Amended: Filed December 31, 1996; effective December 31, 1996. Amended (PE): Filed May 14, 1997; effective June 1, 1997. Amended (PE): Filed September 26, 1998; effective September 29, 1998. Amended (PE): Filed May 4, 1998; effective May 5, 1998. Amended (PE): Filed June 10, 1998; effective June 10, 1998. Amended (PE): Filed June 24, 1998; effective June 24, 1998. Amended (PE): Filed January 18, 2001; effective January 18, 2001. Amended (PE): Filed April 5, 2001; effective April 5, 2001. Amended (PE): Filed April 23, 2002; effective April 23, 2002. Amended (PE): Filed March 28, 2003; effective March 28, 2003. Amended (PE): Filed April 24, 2003; effective April 24, 2003. Amended (PE): Filed June 10, 2003; effective June 10, 2003. Amended (PE): Filed March 4, 2004; effective March 4, 2004.

Penalty: As provided by law.

History: Emergency adoption filed May 20, 1988, effective May 23, 1988. No permanent adoption.

220-3-.20 Prohibition Of Commercial Taking Or Possession, Or Purchase/Sale/Trade Of King Mackerel. It shall be unlawful to take or attempt to take, or possess, king mackerel, for commercial purposes, from the waters of the State of Alabama. In addition, it shall be unlawful to purchase, barter, trade, or sell any king mackerel taken from the waters of the State of Alabama on or after the effective date of this regulation, regardless of the purpose for which said fish were taken. This regulation shall expire on July 1, 1993.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Effective January 15, 1993.

Penalty: As provided by law.

220-3-.21ER Prohibition Of Commercial Taking, Possession, Or Landing Of Red Snapper.

History: Emergency adoption effective April 6, 1992. No permanent adoption.

220-3-.22 Creel/Possession Limit On Ling (Cobia). It is unlawful for any person to take or have in possession, for commercial or recreational purposes, more than two (2) Ling (Cobia), from the waters of the State of Alabama.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Effective April 29, 1992(E)

Penalty: As provided by law.

220-3-.23 Closed Season And Creel/Possession Limit On Red Snapper For Commercial Purposes. Effective at Midnight on May 14, 1992, it shall be unlawful to take, harvest, or possess, for commercial purposes, Red Snapper, from the waters of the State of Alabama.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Effective May 13, 1992(E). Repealed: Effective February 17, 1993(E).

Penalty: As provided by law.

(a) Oyster tags issued by the Department of Conservation and Natural Resources, Marine Resources Division, to be placed on each sack of oysters harvested for commercial purposes (as provided by Code of Ala. 1975, §9-12-67) shall contain the following information: name and license number of oyster catcher, date of catch, and reef from which oysters were taken. This information shall be completed (as required by the Marine Resources Division) by the harvester at the time the tag is attached to each sack of oysters.

(b) As provided by law, upon emptying each sack, oyster tags shall be cut into two pieces and cut from each sack. When cut and removed as stated above, such tags shall be deemed to be "destroyed" for purposes of complying with Section 9-12-67. The "A" half of the tag shall be made available, during normal business hours, to state and federal port agents upon request of said agents. The "B" half of the tag shall be retained for a period of ninety (90) days as provided by rules of the Alabama Department of Public Health.

(c) Dealers shall follow the same procedure on sacks of Alabama oysters being shipped as shellstock. The dealer shall then identify shellstock shipments as provided by rules of the Alabama Department of Public Health.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Effective January 20, 1993.

Penalty: As provided by law.

(1) To the extent provided herein, effective immediately, Alabama waters shall be open to the commercial taking of Red Snapper. During such period of time that the federal waters (adjoining Alabama waters) are opened to the commercial harvest of Red Snapper, commercial vessels which hold a valid federal commercial vessel permit for Gulf reef fish and a valid Class 1 Gulf Red Snapper license, may land in Alabama, up to, but not to exceed, 2,000 pounds per vessel per trip of Red Snapper taken from Alabama waters, provided such commercial fishermen are validly licensed under Alabama law to take such fish from Alabama waters; all other validly licensed Alabama commercial fishermen holding a valid federal commercial vessel permit for Gulf reef fish and a valid Class 2 Gulf Red Snapper license are restricted to the landing in Alabama of no more than 200 pounds per vessel per trip of Red Snapper taken from Alabama waters. Alabama waters shall otherwise be closed to the commercial taking of Red Snapper.

(2) The operator of those vessels permitted hereunder to land Red Snapper, shall be required to present to any authorized seafood dealer or other legally authorized person purchasing same, their federal vessel permit and license; and said purchaser shall examine the said vessel permit and license before purchasing any Red Snapper, and said dealer or purchaser is prohibited (a) from purchasing Red Snapper from any person who does not present a federal vessel permit and license, (b) from purchasing any Red Snapper in amounts exceeding the limits for each trip as provided hereunder, and (c) required to maintain harvest records by name of vessel, date, permit number, and pounds per trip of Red Snapper purchased from said person(s). Such records must be retained for at least one year after receipt date and must be available for inspection immediately upon the request of a conservation enforcement officer or other authorized agent(s).

(3) During such period of time that the federal waters (adjoining Alabama waters) are closed to the commercial harvest of Red Snapper, the commercial harvest of Red Snapper shall also be closed in Alabama waters.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: Amended: Effective June 15, 1993. Amended: Filed August 11, 1998; effective September 16, 1998.

PENALTY: As provided by law.

(a) Section 9-12-150, Code of Ala. 1975, provides for the regulation of artificial fishing reefs and related activities.

(b) Vessels transporting permitted artificial reef material shall depart the dock and deploy said material only during the hours of one hour before sunrise to one hour after sunset and only on Monday through Friday of each week; provided, however, that a person, firm, corporation, or association may during such hours on weekends also transport such material within the inside waters of Alabama as defined by Rule 220-3-.04 to stage material for deployment; and provided, further, however, that a person, firm, corporation or association may, upon written authorization of the Marine Resources Director, be authorized to transport materials during other hours of the day or night or other days of the week, as determined by the Marine Resources Director.

(c) Rule 220-3-.26, as previously adopted, is hereby repealed in its entirety.

(e) Any person violating any of the provisions of this regulation shall be punished as provided by law.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule: Filed July 7, 1993; effective August 11, 1993. Amended: Filed May 15, 1995; effective June 19, 1995. Amended: Filed July 10, 1997; effective August 14, 1997. Repealed and New Rule: Filed July 18, 2003; effective August 22, 2003.

Penalty: As provided by law.

220-3-.27 Closed Season And Creel/Possession Limit On King Mackerel For Commercial Purposes. During such period of time that the federal waters (adjoining Alabama waters) are closed to the commercial harvest of King Mackerel, it shall be unlawful to take, harvest, or possess, for commercial purposes, King Mackerel, from the waters of the State of Alabama.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule: Filed October 4, 1993. Effective November 8, 1993. Amended: Filed November 17, 1994; effective November 17, 1994.

Penalty: As provided by law.

220-3-.30 Saltwater Fish Creel, Bag, Possession And Size Limits.

(1) Individuals fishing in the waters of the State of Alabama are limited to the following daily bag limits and possession limits for recreational purposes:

Spotted seatrout 10

Red drum 3

Red snapper 4

Gray snapper 10

Spanish mackerel 15

King mackerel 2

Greater amberjack 1

Striped bass when caught in areas

under Marine Resources Division

jurisdiction as provided in

Rule 220-2-.42 2 (Commercial limit is 0)

Grouper 5 fish in aggregate

Cobia 2 (Note: there is also a commercial limit of 2. Rule 220-3-.22)

Florida pompano 3 (Commercial hook and line limit is 3)

Tripletail 3 (Commercial limit is 3)

Atlantic sharpnose shark 2

All other shark species 1

Recreational and commercial harvest of the following species is prohibited: Atlantic angel shark, Atlantic manta, Basking shark, Bigeye thresher shark, Dusky shark, Largetooth sawfish, Longfin mako shark, Nurse shark, Sand tiger shark, Smalltooth sawfish, Smalltail shark, Spotted eagle ray, Whale shark, White shark, Nassau grouper, and Goliath grouper (Jewfish).

There is a 20-fish aggregate bag limit for reef fish species for which there is no other bag limit (including Banded rudderfish and Lesser amberjack).

(2) It is unlawful to have in possession for commercial or recreational purposes fish taken from Alabama waters smaller than those stated below, provided that in the recreational possession limit of three (3) Red drum, one (1) Red drum may exceed the maximum size.

Spotted seatrout - 14 inches total length

Red snapper - 16 inches total length (recreational) - 15 inches total length (commercial)

Red drum - 16 inches total length but not over 26 inches in total length

Cobia - 33 inches fork length

Gag grouper - 22 inches total length (recreational) – 24 inches total length (commercial)

Black Grouper – 22 inches total length

Red Grouper – 20 inches total length

Yellowfin Grouper – 20 inches total length

Scamp – 16 inches total length

Striped bass - 16 inches total length when caught in areas under Marine Resources Division jurisdiction as provided in Rule 220-2-.42

Florida pompano - 12 inches total length

Vermilion snapper - 10 inches total length

Lane snapper - 8 inches total length

Gray snapper - 12 inches total length

Greater amberjack - 28 inches fork length (recreational) - 36 inches fork length (commercial)

Tarpon - 60 inches total length (requires permit)

King mackerel - 24 inches fork length

Gray triggerfish - 12 inches total length

Tripletail – 16 inches total length

Flounder – 12 inches total length

Atlantic sharpnose shark – no minimum size

All other shark species – 54 inches fork length (Dressed length 30 inches defined as head and tail removed).

Lesser Amberjack – 14 inches to 22 inches fork length slot limit

Banded Rudderfish – 14 inches to 22 inches fork length slot limit

Yellowfin Tuna – 27 inches curved fork length

Bigeye Tuna – 27 inches curved fork length

(3) It shall be unlawful to use any snag line, trot line, long line or other hook and line device containing more than five (5) hooks in any waters of Alabama under the jurisdiction of the Marine Resources division as provided by Rule 220-2-.42; provided, however, from 12:01 a.m., January 1 to 12:00 midnight April 30 of each year, trotlines may be used to take legal species other than saltwater gamefish in those waters in the Marine Resources Division jurisdiction east of the Mobile Ship Channel and north of a line running from Mobile Ship Channel Marker 78 eastward to Blakely River Channel Marker 2, and then due east to the shoreline. For the purpose of this provision, "trotline" means any setline which is less than 300 feet in length with no more than 50 hooks tied at various intervals along its length. A float, no smaller than 6 inches in diameter, marked with the license number of the owner shall be attached to each end of the trotline (the license number shall be at least 1 inch in height and colored to be a definite contrast with the color of the float).

(4) It shall be unlawful to possess in Alabama any species of saltwater fish or seafood product taken in Federal waters or the waters of another state unlawfully in violation of any applicable Federal or other state creel, possession, or size limit.

(5) Any vessel or individual required to possess a federal permit by the Gulf of Mexico Reef Fish Management Plan or a permit by the Coastal Migratory Palagics Management Plan (to be exempt from bag limit requirements) must possess such permit to possess or land such fish in Alabama.

Author: Richard C. Liles

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule: Filed December 12, 1995; effective January 16, 1996. Amended: Filed August 23, 1996; effective August 23, 1996. Amended: Filed February 24, 1997; effective February 24, 1997. Amended (PE): Filed March 10, 1998; effective March 10, 1998. Amended (PE): Filed July 22, 1998; effective July 22, 1998. Amended (PE): Filed June 4, 1999; effective June 4, 1999. Amended (PE): Filed March 21, 2000; effective March 21, 2000. Amended (PE): Filed May 31, 2000; effective May 31, 2000. Amended (PE): Filed December 20, 2000; effective January 1, 2001. Amended: Filed July 16, 2002; effective August 20, 2002. Amended (PE): Filed December 16, 2002; effective December 16, 2002. Amended: Filed July 18, 2003; effective August 22, 2003. Amended (PE): January 15, 2004; effective January 15, 2004.

Penalty: As provided by law.

(1) No person, firm, or corporation shall take, catch, sell, transport, or possess blue crabs that measure less than five inches (5") carapace width as measured from the tip of one lateral spine to tip of the opposite lateral spine. Provided, however, this limitation does not apply to soft-shelled crabs or to pre-molt crabs if the pre-molt crabs are taken solely for the purpose of shedding and held in compliance with applicable laws and regulations. Exempted pre-molt crabs shall exhibit, at a minimum, a pink or red line on the back paddle fin, which is recognized by the crab industry as a preliminary pre-molt stage.

(a) Softshell or pre-molt crabs must be held in a separate container, marked "peelers" or "busters", from those crabs of legal size while in the possession of the fisherman.

(b) Pre-molt crabs in the possession of, or held by, a dealer for sale or processing as softshell crabs, are exempted from the minimum prescribed size limit, if identified as pre-molt crabs, and held in separate containers marked "peelers" or "busters".

(c) Crabs in a work box shall not be subject to the minimum prescribed size limit while aboard the vessel. Commercial crab fishermen shall be allowed to have in possession aboard the vessel two work boxes. Crab boxes which are sealed or covered, other than by a grader, shall not be considered a work box.

(2) Commercial crab fishermen shall tag or mark any containers of Alabama crabs in possession, or that are sold, in a manner which will ensure that such commercial crab fisherman can be identified as the person who harvested the crabs. Such identification required shall be the full name of the crab fisherman and the number issued to the commercial crab fisherman by the Marine Resources Division and the date on which the crabs were harvested. All containers of Alabama crabs in the possession of a dealer shall be tagged, marked, or otherwise identified in this manner. The identification number shall be assigned by the Marine Resources Division when the fisherman purchases his or her commercial crab "catcher’s" license. For subsequent years, the same identification number shall be assigned to the same commercial crab fisherman.

(3) Crabs taken by a licensed live bait dealer for sale as bait shall not be subject to the minimum prescribed size limit.

(a) Crabs taken for bait by licensed recreational shrimp boats shall not be subject to the minimum prescribed size limit but such boats are limited to no more than the number of crabs held by a one (1) gallon container per boat per day.

(b) Crabs taken by licensed commercial or recreational shrimp boats in waters open to commercial shrimping are limited to no more than one five-gallon container of legal size crabs in possession per boat unless the operator possesses a valid commercial "crab catcher’s" license.

(4) Persons, firms, or corporations may import crabs for commercial purposes from a licensed dealer or fisherman residing outside the State of Alabama, provided, such crabs were taken and shipped pursuant to that state’s laws and regulations. Containers of crabs shall be marked, tagged, or otherwise identified as required by the laws and regulations in that state.

(a) A bill of sale or other proof of purchase showing the non-resident dealer’s or fisherman’s name and address, pounds or number of containers purchased, and date of purchase shall be maintained at the place of business for a period of one year, and shall be available for inspection and presented without delay upon request by a conservation enforcement officer or other authorized agent.

(b) Persons who have caught crabs from the waters of another state may import those crabs into the State of Alabama for commercial purposes, provided, said crabs were legally taken, licensed, and transported pursuant to that state’s laws and regulations. Containers of crabs shall be marked or tagged with the fisherman’s full name, commercial crab fisherman’s license number issued by that state, and the date of harvest.

(5) Traps used to take crabs or other seafood shall not exceed twenty-seven (27) cubic feet in volume.

(6) Each commercial crab trap shall be marked with at least one (1) buoy no smaller than six inches (6") in diameter. At least one-half (1/2) of the buoy shall be white. Buoys shall be attached to the traps by use of a weighted line to prevent the line from floating. Plastic bottles are prohibited for use as a commercial crab trap buoy.

(a) It shall be unlawful to set or place in the waters of this state any commercial crab trap which does not have attached a float marked with the identification number of the owner of the trap. Such number shall be at least one inch in height and colored to be a definite contrast with the color of the float, of block character, and spaced so as to be readable from left to right.

(b) Owner identification number of traps must be painted or affixed to each side of the vessel used to harvest crabs from said traps.

(7) It shall be unlawful to remove crab traps from the water or remove crabs from crab traps during the hours from sunset to one (1) hour before sunrise the following day.

(8) It shall be unlawful to set or place any commercial or recreational trap used for the taking of crabs or other seafood in the access canals to Heron Bay (west of and adjacent to State Highway 193) or within three hundred (300) feet of any navigation channel marked by a lawfully established system of waterway markers or within three hundred (300) feet of any public boat launching ramp or public pier, Heron Bay Cutoff, or the mouth of West Fowl River, Weeks Bay, Fish River, Magnolia River, any man-made canal, or in any manner so as to prevent ingress or egress to or from any pier, wharf, dock, marina, or boat launching ramp.

(9) It shall be unlawful to set or place any commercial trap used for the taking of crabs or other seafood in Mobile River, Dog River, Theodore Industrial Canal, Fowl River, the northwest arm of Heron Bay, Heron Bayou (off northwest arm of Heron Bay), Bayou Coden, Bayou La Batre, or their tributaries, in Mobile County, or Blakely River North of the charted position of Blakely River Channel Marker #18, Fly Creek, Fish River, Magnolia River, Bon Secour River north of channel Markers 7 and 8, Wolf Creek, Sandy Creek, Miflin Creek, Hammock Creek, Roberts Bayou, Soldier Creek, Palmetto Creek, Old River (between Ono Island and Perdido Key), or their tributaries, in Baldwin County, or in any man-made canal (including but not limited to the following on Dauphin Island: Quivera Bay, Polaris Lagoon, Port Royal Lagoon, Lafitte Bay, Indian Bay, Indian Canal, Buchanan Bay, Columbia Bay, Colony Cove, Spanish Bay, Barcelona Bay, Confederate Bay, Salt Creek (Heron Bayou), Government Cut, and Billy Goat Hole).

(a) It shall be unlawful to set or place any recreational trap used for the taking of crabs or other seafood in any area named in paragraph "(9)" of this regulation, unless such trap shall be physically attached by a line to a pier, dock, piling, bulkhead, boathouse, or other structure, on or attached to the shore. Such line shall allow the crab trap to be placed no farther than a distance of ten feet (10’) from the pier, dock, boathouse or shoreline. No more than five traps shall be allowed per property.

(10) Recreational crab traps shall be marked with an orange floating, visible buoy not less than six inches (6") in diameter or width. The buoy shall have a legible letter "R", at least two inches (2") high, permanently affixed to it.

(11) Crab traps which are no longer serviceable or in use shall be removed from the water by the owner thereof. No person shall intentionally damage or destroy crab traps or the floats or lines attached thereto.

(12) Any unidentified, improperly marked, or illegally placed crab trap shall be considered a nuisance and may be confiscated by a conservation enforcement officer or other authorized agent of the Department of Conservation and Natural Resources.

(13) Any person, firm, or corporation taking, catching, selling, transporting, or possessing crabs shall have in their possession a valid license, if applicable, for such activity. Such license shall be immediately available for inspection, upon request, by a conservation enforcement officer or other authorized agent.

(14) This rule repeals existing Rule 220-3-.31 in its entirety.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-124.

History: New Rule: Filed December 12, 1995; effective January 16, 1996. Repealed and New Rule: Filed March 25, 1999; effective April 29, 1999. Amended: Filed July 16, 2002; effective August 20, 2002. Amended: Filed March 18, 2004; effective April 22, 2004.

Penalty: As provided by law.

(1) Except as otherwise provided by law or regulations, it shall be unlawful to use purse seines for the taking or attempting to take fishes of other than those of the families Clupeidae (menhaden and herrings) and Engraulidae (anchovies) in the territorial waters of this State; provided however, that an incidental bycatch of five (5) percent by number of other fishes (excluding game fish) is allowable while purse seining in Alabama waters.

(2) It shall be unlawful for any person, firm or corporation to take or attempt to take menhaden by purse seine except as follows:

(a) The starting date for the commercial menhaden season in the territorial waters of Alabama shall be the third Monday in April and the closing date shall be November 1 of each year (both dates inclusive).

(b) The taking of menhaden by purse seine shall be permitted only in those waters of the Gulf of Mexico as described below:

Mississippi Sound South and west of a line extending from the eastern tip of the South Rigolets (30º21’. 120N, 088º23’. 490W) Westward to the charted position of Bayou LaBatre Channel marker "19", then running due south to its intersection with Dauphin Island, except those waters lying within one (1) mile of the shoreline of Dauphin Island shall be closed. The Gulf of Mexico for a distance of three (3) miles, except those waters lying within one (1) mile of the Gulf Beaches shall be closed.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, and 9-2-12.

History: New Rule: Filed December 12, 1995; effective January 16, 1996. Amended: Filed July 17, 1996; effective July 17, 1996. Amended (PE): Filed October 30, 1997; effective October 30, 1997. Amended: Filed December 17, 1997; effective January 21, 1998. Amended (PE): Filed November 9, 1998; effective November 9, 1998. Amended (PE): Filed January 17, 2003; effective January 17, 2003. Amended (PE): Filed May 21, 2003; effective May 21, 2003.

Penalty: As provided by law.

(1) It shall be unlawful to take, catch, molest or have in possession marine (saltwater) turtles whether on land or in any of the waters of Alabama, or to take or disturb or have in possession the eggs of such turtles.

The term marine (saltwater) turtles shall include, but is not limited to, the following species: Atlantic Loggerhead, Atlantic Green Turtle, Atlantic Ridley, Atlantic Hawksbill and the Atlantic Leatherback.

(2) Any person, firm or corporation desiring to take, catch, move, transport or possess one (1) or more marine mammals or marine turtles or the eggs of marine turtles from the waters or land masses of this State for scientific, education or exhibition purposes shall apply for a permit to the Department of Conservation and Natural Resources, Marine Resources Division. Upon determining that interest in science or education will be served thereby, the Director of the Marine Resources Division may issue a permit specifying the number of marine mammals or marine turtles or the eggs of marine turtles to be taken.

(a) Any person, firm or corporation desiring to hold one (1) or more marine mammals or marine turtles or the eggs of marine turtles in captivity shall provide and maintain facilities which meet the requirements of the Director of the Marine Resources Division.

(b) No marine mammals or marine turtles or the eggs of marine turtles shall be shipped within or outside the State without a special permit from the Director of the Marine Resources Division which may require such information as he deems necessary relative to the adequacy of holding facilities of the recipients and a permit for such equipment shall be granted only when the Director determines the facilities are adequate.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12, and 9-11-395.

History: New Rule: Filed December 12, 1995; effective January 16, 1996. Amended: Filed July 18, 2003; effective August 22, 2003.

Penalty: As provided by law.

220-3-.34 Closed Crab Fishing Season. There is hereby established a closed fishing season for the taking or harvesting of crabs by the use of crab traps in any waters in the Mobile Delta north of the line as provided by Rule 220-2-.42(1) of the Department of Conservation and Natural Resources, that line therein being described as Interstate Highway 10 eastbound land (except that portion of Interstate Highway 10 which lies north of State Highway 90 Battleship Parkway, in which case the line follows the Battleship Parkway). Any person attempting to take or harvest, or taking or harvesting, crabs by the use of crab traps in the area of the closed season shall be in violation of this regulation.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8.

History: New Rule: Filed August 2, 1995; effective August 2, 1995. Amended: Filed October 2, 1995; effective October 2, 1995.

220-3-.35 Seafood Reporting And Landing Regulation.

(a) Section 9-12-115, Code of Ala. 1975, as amended by Section 4 of Act No. 95-287 (Regular Session, 1995), requires that each and every person, firm, or corporation holding a seafood dealer’s license issued by the commissioner of conservation and natural resources or his or her authorized agent shall under oath make a monthly report to the Director of the Marine Resources Division, on blanks provided for that purpose by the Director. Such reports are required by the above cited act to be in the hands of the Director by the tenth of each month for the preceding month. Pursuant to Section 9-12-115, seafood dealers are hereby required to complete Alabama trip tickets provided by the Director of the Marine Resources Division in order to comply with gulf-wide trip tickets. The provisions of this paragraph (a) are adopted pursuant to the authority of Section 9-12-115, Code of Ala. 1975.

(b) In addition, as a requirement of this regulation, seafood dealers shall report, on said monthly reports, the fisherman’s name and valid license or permit number and shall also show in detail on the dealer portion of the form weight according to any other applicable standard, dealer license number, port and county product was landed, date of purchase, unit price paid to fisherman, condition of product and count or market grade of purchased seafood product during the preceding month. The fisherman is required to provide to the dealer complete and accurate information necessary for the completion of the fisherman portion by the dealer on said forms, as a requirement of this regulation; including, but not limited to, any other information regarding finfish, as well as any information regarding commercially harvested seafoods (as defined by §9-2-80, Code of Ala. 1975) other than saltwater finfish taken from Alabama waters (including, but not limited to, oysters, crabs, shrimp, other marine invertebrates and live rock), such as date and area of harvest, trip and fishing time, proper vessel identification, type, quantity, and size of gear used, and applicable mesh size (if any) of gear used. Both the seafood dealer and the fisherman are required to verify the accuracy of the said reports by signing and/or initialing each report or signing and/or initialing approved dock ticket/invoice in conjunction with Alabama’s electronic trip ticket program as directed by the Director of the Marine Resources Division. The seafood dealer shall make available a signed copy of the said report for the fisherman within seventy-two hours upon the completion of each transaction. In addition, within seventy-two hours of each transaction seafood dealers shall provide said reports that are signed and/or initialed or approved dock ticket/invoice signed and/or initialed by seafood dealer and fisherman immediately upon the request of a conservation enforcement officer or other authorized agent. A transaction is defined as the time in which a seafood dealer takes possession of said products. The copy of each completed report shall be retained by the dealer at the place of business for a minimum of ninety days following submission. The information required by this paragraph shall be submitted to the Director of the Marine Resources Division by the tenth of each month for the preceding month.

(1) Persons, firms, or corporations, including restaurants, purchasing seafoods (as defined by §9-2-80, Code of Ala. 1975) for commercial purposes from a resident or nonresident seafood dealer shall maintain the bill of sale or other proof of purchase which shall show the dealer’s name and address, species, pounds of each species purchased, and date of purchase. Such record(s) shall be retained by the dealer at the place of business for a minimum of ninety days after the product is no longer in possession.

The provisions of this paragraph (b) and subparagraph (b) (1) are adopted pursuant to the authority of Section 9-2-4, Code of Ala. 1975, and violations of which are punishable as provided by Section 9-1-4, Code of Ala. 1975.

(c) Section 9-12-115.1, Code of Ala. 1975, requires that all saltwater finfish commercially harvested in the State of Alabama, except those lawfully taken by purse seine, shall be landed in this state and reported through a properly licensed Alabama seafood dealer. For purposes of compliance with the provisions of said Section 9-12-115.1, as well as for the purposes of compliance with all provisions of this regulation other than paragraph (d) hereof, "landed" is defined as "the act of physical delivery of the finfish to a properly licensed Alabama seafood dealer." Persons who are transporting commercially harvested saltwater finfish out of the State of Alabama must have in their possession proof that said finfish were first landed and reported to a licensed Alabama seafood dealer. Said proof shall be in the form of a bill of sale, receipt or trip ticket showing the pounds of finfish purchased, the species purchased, fisherman’s name and license or permit number, the name of the seafood dealer, date of harvest, and date of purchase.

(1) Fish taken in jurisdictions outside the State of Alabama may be transported through the State provided the person transporting the fish has proof that he or she is duly licensed or permitted in the jurisdiction from which the fish were caught and further proof in the form of a vessel log that the fish were taken in the jurisdiction in which he or she is duly licensed or permitted.

(2) Other persons transporting seafoods, including common or contract carriers, for commercial purposes, except a commercial fisherman transporting his or her catch to a seafood dealer, in or through the State of Alabama shall have in his or her possession a bill of sale or other proof of purchase showing the shipper’s name and address, species, pounds of each species, date shipped, and purchaser’s name and address.

The provisions of this paragraph (c) and subparagraphs (c)(1) and (c)(2) are adopted pursuant to the authority of Section 9-2-4, Code of Ala. 1975, and violations of which are punishable as provided by Section 9-1-4, Code of Ala. 1975.

(d) Commercially harvested seafoods (as defined by §9-2-80, Code of Ala. 1975) other than saltwater finfish and oysters taken from Alabama waters including, but not limited to, crabs, shrimp, other marine invertebrates and live rock, may be landed outside the State of Alabama provided the resident or nonresident Alabama commercial fisherman reports the following information at monthly intervals on blanks provided by the Marine Resources Director: the fisherman’s name and license or permit number, the species purchased, the volume and price paid for the product, date and area of harvest and date of purchase; provided that if a licensed Alabama seafood dealer outside the State of Alabama to which product was sold properly reports such information required, the fisherman shall be exempt from this requirement. The provisions of this paragraph (d) are adopted pursuant to the authority of Section 9-12-115.1, Code of Ala. 1975, and violations of which are punishable as provided by Section 9-12-115.1, Code of Ala. 1975.

(e) A commercial fisherman transporting said commercially harvested seafoods as defined in the immediately preceding paragraph harvested in Alabama waters shall have in his or her possession proof that he or she is legally licensed to harvest said seafoods from the State of Alabama, and upon request, provide the name of the dealer to which the seafoods are to be sold.

(f) All records required by this regulation shall be maintained at the place of business where seafoods are located and shall be available for inspection immediately upon the request of a conservation enforcement officer or other authorized agent. All records dealing with the purchase or sale of redfish (Sciaenops ocellata) and/or spotted seatrout (Cynoscion nebulosus) from other states or countries must be retained for ninety days.

(g) All motor vehicles, trailers, or semi-trailers transporting seafoods (as defined by §9-2-80, Code of Ala. 1975) for commercial purposes except commercial fishermen transporting his or her catch to a seafood dealer are required to exhibit the inscription "FISH" on the rear of the vehicle. The inscription shall read from left to right, be attached or painted on the vehicle in block Arabic letters of good proportion in contrasting color to the background and be at least 6 inches in height. A common or contract carrier hauling said seafoods for a seafood dealer is not required to mark his vehicle provided the common carrier does not own or have part ownership of the said seafoods.

(h) All fish and other seafoods in possession on the premises of the seafood dealer or seafood dealer vehicle shall be deemed to be used for commercial purposes only and a bill of sale or other proof of purchase as required by this regulation shall be maintained by the seafood dealer.

(i) The provisions of paragraphs (e), (f), (g), and (h), are adopted pursuant to the authority of Section 9-2-4, Code of Ala. 1975, violations of which are punishable as provided in Section 9-1-4, Code of Ala. 1975."

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §9-2-4, Section 5 of Act No. 95-287.

History: New Rule: Filed January 22, 1996; effective February 27, 1996. Amended: Filed August 11, 1998; effective September 16, 1998. Amended: Filed July 18, 2003; effective August 22, 2003.

220-3-.36 Closed Net Fishing Season. Effective November 13, 1996, there is hereby established a closed fishing season for the taking or attempting to take fish by the use of any gill net, trammel net, or other entangling net, in Old River (Baldwin County), south of a line beginning at the easternmost point of Ono Island running in a westwardly direction along the south shore of Ono Island and ending at the westernmost point of Ono Island. Any person using, or attempting to use, any gill net, trammel net, or other entangling net, in the areas of the closed season shall be in violation of this regulation.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule: Filed January 29, 1996; effective January 30, 1996. Repealed: Filed March 12, 1996; effective March 12, 1996. New Rule: Filed November 12, 1996; effective November 13, 1996.

PENALTY: As provided by law.

(1) Season on Sharks for Commercial Purposes: During such period of time that the federal waters adjacent to Alabama waters are open to the commercial harvest of Small Coastal Sharks (SCS) or Large Coastal Sharks (LCS) as defined by federal law or regulation, the Alabama waters of Mobile Bay, Bon Secour Bay, Mississippi Sound, and the Gulf of Mexico south of the Gulf Intracoastal Waterway and west of Little Lagoon Pass( 87º 44’ 24" W longitude) shall be open to the harvest of such sharks for commercial purposes from 12:01 AM each Monday through 11:59 PM each Friday (no weekends), except that commercial harvesting of sharks shall be prohibited from 12:01 AM through 11:59 PM on each of the following holidays: Memorial Day, Independence Day, and Labor Day. When federal waters adjacent to Alabama waters are closed to the commercial harvest of either shark management unit (SCS or LCS), it shall be unlawful to take, harvest, or possess, or attempt to take, harvest, or possess, for commercial purposes, sharks of such closed management unit from the waters of the state of Alabama.

(2) Closed Season and Zero Possession Limit on Certain Species for Commercial Purposes: No person shall take, possess, or attempt to take or possess, from the waters of the state of Alabama, for commercial purposes, any of the following species:

(a) Basking shark – Cetorhinus maximus

(b) White shark – Carcharodon carcharias

(c) Bigeye sand tiger – Odontaspis noronhai

(d) Sand tiger – Odontaspis taurus

(e) Whale shark – Rhincodon typus

(f) Dusky shark – Carcharhinus obscurus

(g) Smalltooth sawfish – Pristis pectinata

(h) Largetooth sawfish – Pristis pristis

(3) Bycatch Provision on Sharks for Commercial Purposes: Regardless of the open or closed status of federal and Alabama waters regarding the directed harvest of sharks, gill net fishermen targeting other fish shall be allowed to keep, for commercial purposes, an incidental bycatch of dressed weight of sharks (carcasses and fins) (except those species listed in (b) above) totaling no more than ten (10) percent by weight of other fish taken.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule: Filed August 23, 1996; effective August 23, 1996. Amended (PE): Filed August 10, 1998; effective August 10, 1998. Amended (PE): Filed July 11, 2000; effective July 11, 2000.

PENALTY: As provided by law.

220-3-.38 Transfer System For Net And Seine Permits. Net and seine permits transferable pursuant to subsections (b) and (c) of §9-12-113, Code of Ala. 1975, may be transferred not more than one time per six (6) months from one individual person to another individual person, provided: (1) the transferor is in possession of a valid net and seine permit, (2) the transferor executes an affidavit certifying that he has not and will not realize any financial gain from the transfer of the permit, (3) the transferee has not had a net or seine permit permanently revoked under the 10-point system as provided by Code of Ala. 1975, §9-12-113, and (4) the transferor does not have violations pending that if convicted would cause his net or seine permit to be revoked under the 10-point system as provided by Code of Ala. 1975, §9-12-113. In the event of a transfer from a resident to a nonresident, the nonresident shall remit to the Marine Resources Division the current cost to a nonresident for that permit as provided for in §9-12-113, less the current cost to a resident for that permit, as provided therein. Upon the death of a permittee with a valid net and seine permit the permit may be transferred to a direct descendant/relative of the permittee to be designated by the executor or administrator of the permittee’s estate, provided said executor or administrator executes an affidavit certifying that the transferor’s estate has not and will not realize any financial gain from the transfer of the permit, and obtains the approval of the marine resources division director as otherwise provided for herein. Requirements for renewal by the transferee of the permit for subsequent years are the same as those for the transferor as provided by subdivision (1) of subsection (c) of §9-12-113, Code of Ala. 1975. Any transfer in which it is determined that financial gain was realized by the transferor shall be invalidated by the department of conservation and natural resources. Persons desiring to transfer such permits shall submit an application to the marine resources division director (or his authorized agent) whose written approval shall be required for any transfer.

Author: Richard C. Liles

Statutory Authority: Code of Ala. 1975, §9-12-113.

History: New Rule: Filed September 10, 1997; effective October 16, 1997. Amended: Filed October 28, 1998; effective December 3, 1998. Amended: Filed July 16, 2002; effective August 20, 2002.

PENALTY: As provided by law.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule: Filed November 12, 1996; effective November 12, 1996. Repealed: December 5, 1996; effective December 5, 1996. (See Peremptory Rule 220-3-.15).

PENALTY: As provided by law.

(a) All oysters taken from the public oyster bottoms shall be culled and sacked by the time of public water bottom closure each day. Any unculled or unsacked oysters on board a boat at the time of public water bottom closure, shall be immediately replaced and scattered upon the reef from which they have been taken and the boat shall then immediately leave the public reefs and proceed to a landing.

(b) All oysters shall be culled upon the reef from which they were taken. No oysters shall be culled or sacked on board a boat in waters closed to the harvesting of oysters. No oysters from a public reef shall be culled upon a private reef.

(c) It shall be unlawful to possess oysters taken from a private lease and oysters taken from a public reef on board a boat at the same time.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule: Filed February 7, 1997; effective March 14, 1997. Amended: Filed March 18, 2004; effective April 22, 2004.

PENALTY: As provided by law.

(1) Bait Fishery Defined; Fishery Restrictions: An experimental offshore bait purse seine fishery in Alabama’s territorial waters of the Gulf of Mexico for schooling, pelagic fish species (listed in paragraph (c) hereof) to be marketed exclusively as bait is herein authorized. It shall be unlawful for any person, firm, or corporation to use a bait purse seine in Alabama’s territorial waters of the Gulf of Mexico except as follows:

(a) Gear Specifications: Purse seines utilized in taking or attempting to take bait fish species in the offshore territorial waters of the State of Alabama must b constructed entirely of one-half (1/2) inch knot to knot mesh webbing. This gear will be referred to in this rule as a "bait purse seine." The use of any purse seine in this bait fishery constructed of webbing sized other than as provided herein is illegal, and the possession on board in the waters of Alabama of a bait purse seine in which the webbing is sized other than as specified in this rule is prohibited.

(b) Waters Open to the Fishery: The taking of finfish species as bait by bait purse seine shall be permitted in all of Alabama’s territorial waters of the Gulf of Mexico south of a line one-fourth (1/4) mile from the shoreline, including Pelican/Sand Island, seaward to a distance of three (3) miles from shore. These waters shall be open Monday through Friday except on state or national holidays. It shall be unlawful to take or attempt to take bait species using a bait purse seine in any inside waters of the State of Alabama defined by Rule 220-3-.04(1) or in Pelican Bay (described as those waters encompassed by a line running south from Mobile Point Light at Fort Morgan to Sand Island Tower (Lighthouse), then northwesterly along the contour of Sand/Pelican Island, and then from the west end of Pelican Island to the Dauphin Island Park and Beach Board pier, then east along the shoreline of Dauphin Island to the most southeastern tip of Dauphin Island and from this point southeastwardly across the mouth of Mobile Bay to Mobile Point Light at Fort Morgan).

(c) Species Restrictions. A bait purse seine may lawfully be used for taking or attempting to take only the following fishes to be market expressly as bait:

Round scad Decapterus punctatus

Round scad Trachurus lathami

Bigeye scad Selar crumenopthalmus

Chub mackerel Scomber japonicus

Ladyfish Elops saurus

Blue runner Caranx crysos

(d) License Requirement: The operator of any vessel upon which a bait purse seine is possessed must hold a valid Alabama purse seine license.

(e) Observer Requirement: Any vessel upon which a bait purse seine is possessed must have a bona fide fishery observer on board or comply with reporting requirements as determined by criteria established by the Director, ADCNR/Marine Resources Division when such vessel is away from port and on the fishing grounds.

(f) Landing Requirement: All fish taken as bait by bait purse seine in Alabama waters by a duly licensed bait purse seine vessel must be landed in the State of Alabama.

(g) Reporting Protocol: Each bait purse seine vessel operator must submit reports in standardized form detailing catch, fishing conditions, and fishing equipment by individual fishing trip to the ADCNR/Marine Resources Division at weekly intervals. Reports will be submitted each Tuesday, detailing fishing activities for the previous Monday through Friday fishing week.

(h) The bait purse seining activities conducted pursuant to this rule shall not be construed as purse seining for the purpose of Section 9-12-115.1, Code of Ala. 1975.

(2) By-catch Restrictions. It shall be unlawful in the territorial waters of Alabama to retain or possess any duly designated "game fish" on board any vessel upon which at bait purse seine is concurrently possessed. By-catch allowances for species other than gamefish expressed as a percentage of targeted catch will be deferred until such time as representative biological and catch data can be compiled. Data regarding allowable by-catch (non-gamefish) will be compiled on a per trip basis.

(3) Closure Provisions: Due to the novelty of this fishery, and a subsequent lack of data regarding its prosecution in the territorial waters of Alabama, this bait fishery shall be subject to immediate closure and/or reopening upon order of the Director, ADCNR/Marine Resources Division. Entry into the fishery may be limited, or annual, species-specific quotas may be developed as fishery data become available.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule: Filed December 17, 1997; effective January 21, 1998. Amended: Filed September 14, 1999; effective October 19, 1999.

PENALTY: As provided by law.

220-3-.42 Closed Fishing Season For The Taking Of Mullet. From 12:01 a.m., October 24, 1998 until 12:00 noon, November 1, 1998, there is hereby establishing a closed fishing season for the taking or attempting to take mullet by the use of any entangling net, seine, cast net, or any other means, in the waters of Mobile Bay north of a line running from the south bank at the mouth of Theodore Industrial Canal southeastwardly along the south side of the Theodore Ship Channel to its intersection with the Mobile Ship Channel and then eastwardly to Great Point Clear. Any person using, or attempting to use, any entangling net, seine, cast net, or any other means, to take or attempt to take mullet in the areas of the closed season shall be in violation of this regulation.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule (PE): Filed October 23, 1998; effective October 23, 1998.

PENALTY: As provided by law.

220-3-.43 Closed Fishing Season For Recreational Red Snapper Fishing. Effective November 1, 1998, through December 31, 1998, all state waters will be closed to recreational red snapper fishing.

Author: James D. Martin

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule (PE): Filed October 28, 1998; effective October 28, 1998.

PENALTY: As provided by law.

(1) A special oyster dredge season and sack limit is hereby established for persons licensed under Section 9-12-87, Code of Ala. 1975, and permitted under Rule 220-3-.02(5), in accordance with the following times, places, manners and means:

(a) That area described as the "Mobile Bay Special Dredging Area" and those times, manners and means, as described and provided for on the attached Exhibit A incorporated herein and made a part hereof and titled "Oyster Dredging Permit for Mobile Bay Special Dredging Area".

(b) There shall be a limit of 16 sacks of oysters per boat per day (1/4 Alabama barrel per sack).

(c) Failure to comply with the provisions of this regulation shall result in the revocation of the oyster dredging permit and punishment as provided by law.

Oyster Dredging Permit for Mobile Bay Special Dredging Area

Exhibit A

Form al0336

Oyster Dredging Are - Mobile Bay

Exhibit A

Form al0337

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-87.

History: New Rule (PE): Filed October 15, 1999; effective October 15, 1999.

220-3-.45 Closed Fishing Season For Recreational Red Snapper Fishing. Effective 12:01 a.m. November 1, 1999, until such time as the adjacent Federal waters are reopened, all state waters will be closed to recreational red snapper fishing.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule (PE): Filed October 25, 1999; effective October 25, 1999.

220-3-.46 Open Season For Recreational Red Snapper. During such period of time that the federal waters (adjoining Alabama waters) are open to the recreational harvest of red snapper, the recreational harvest of red snapper shall also be open in Alabama waters. Otherwise, it shall be closed.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule (PE): Filed March 21, 2000; effective March 21, 2000. Amended (PE): Filed July 10, 2001; effective July 10, 2001.

220-3-.47 Photo I.D. Requirement For §9-12-113 Net Or Seine Permit Holders. Holders of net or seine permits issued pursuant to §9-12-113, Code of Ala. 1975, shall obtain at no cost a photo identification at the Marine Resources Division office at Dauphin Island. The photo identification shall be utilized by the Marine Resources Division for identification of holders of the net or seine permits. It shall be a violation of this regulation to fail to obtain the photo identification or to utilize a net or seine issued under §9-12-113 without obtaining the photo identification. The penalty for the violation of this regulation shall be as provided by law.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule: Filed June 14, 2000; effective July 19, 2000.

PENALTY: As provided by law.

(1) During such period of time that all or any portion of the area in Mobile Bay north of a line beginning at the northern shore of East Fowl River running along the northern edge of the Fowl River Channel to Marker #2 in the Fowl River Channel, then southeasterly to Middle Bay Light and then northeasterly to Great Point Clear is temporarily closed to commercial shrimping, that closed area shall also be closed to the taking of live saltwater bait by licensed live saltwater bait catchers; provided that, when the closed area is opened to commercial shrimping, that area shall also be open to licensed live saltwater bait catchers.

(2) "Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as defined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.

(3) The penalty for the violation of this regulation shall be as provided for in §9-12-54.6, Code of Ala. 1975.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-12-54.1, 9-12-54.4, 9-12-54.6.

History: New Rule (PE): Filed May 31, 2000; effective June 1, 2000. Amended (PE): Filed July 5, 2000; effective July 6, 2000.

(1) Effective November 2, 2000 through February 28, 2001, during the hours of 4:00 a.m. until 10:00 p.m. the following waters shall be open to the commercial and recreational taking of live saltwater bait:

Those waters north of a line from a point on the northeast end of Plash Island running northwest through Markers #7 and #8 and south of a line from the northernmost point of Plash Island through Markers #9 and #10, then to the north shore of Billy’s Bend.

(2) "Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as defined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.

(3) The penalty for the violation of this regulation shall be as provided for in §9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-12-54.6, as amended by Act No. 2000-737, Acts of Alabama.

History: New Rule (PE): Filed November 1, 2000; effective November 2, 2000.

PENALTY: As provided by in §9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.

(1) In addition to the provisions of 220-2-.60, it shall be unlawful for any person to use an airboat on any of the public waters of this State subject to an ebb and flow of the tide of at least 2 inches, south of a line beginning at the Mississippi state line following the eastbound lane of Interstate Highway 10 to the Florida state line (except that when Interstate Highway 10 lies north of U.S. Highway 90 Battleship Parkway, the line follows the eastbound lane of U.S. Highway 90).

(2) The prohibition prescribed in Paragraph (1) above shall not apply to the use of airboats by State and Federal law enforcement officers, State aquatic plant management personnel acting in their official capacity, nor to oil and gas exploration crews.

(3) Any person violating any of the provisions of this regulation shall be punished as provided by §9-2-15, Code of Ala. 1975.

Author: Advisory Board of Conservation and Natural Resources

Statutory Authority: Code of Ala. 1975, §§9-2-14, 9-2-15, 9-2-15.1.

History: New Rule: Filed June 8, 2001; effective July 13, 2001.

PENALTY: As provided by §9-2-15.01, Code of Ala. 1975.

(a) There is hereby established a one day closed fishing season for the taking or harvesting of crabs by the use of crab traps (recreational or commercial) in any inside waters of the State of Alabama under the jurisdiction of the Marine Resources Division within 500 yards of the shoreline on Saturday, March 13, 2004.

(b) During the closure defined in (a) of this regulation no crab traps (recreational or commercial) shall be allowed in any waters closed by this regulation to the taking or harvesting of crabs by the use of crab traps (recreational or commercial) and any traps in the closed areas shall be considered marine litter and may be removed by any individual from these closed waters. Any individual who removes crab traps (recreational or commercial) that are considered to be marine litter must remove the marine litter from the waters of the State of Alabama under the jurisdiction of the Marine Resources Division and properly dispose of such.

(c) It shall be lawful for those assisting with the removal of derelict crab traps to use an airboat on any of the public waters of this state subject to an ebb and flow of the tide of at least two inches, south of a line beginning at the Mississippi state line following the eastbound lane of the Interstate Highway 10 to the Florida state line (except when Interstate Highway 10 lies north of U.S. Highway 90 Battleship Parkway, the line follows the eastbound lane of U.S. Highway 90) on Saturday, March 13, 2004. Any individual who uses an airboat must register such vessel with the Marine Resources Division on later than 5:00 p.m. on Thursday, March 11, 2004.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8.

History: New Rule (PE): Filed May 2, 2002; effective May 2, 2002. Repealed and New Rule (PE): Filed January 17, 2003; effective January 17, 2003. Amended (PE): January 15, 2004; effective January 15, 2004.

PENALTY: As provided by law.

(1) Effective 12:01 a.m., January 1 to 12:00 p.m., June 30, of each year, the following waters shall be open exclusively to the commercial and recreational taking of live saltwater bait:

Beginning at a point on land due east of Point Clear Channel Marker #10, then west to Point Clear Channel Marker #10, then westwardly along the southern edge of the Point Clear Channel to Point Clear Channel Marker #2, then southwestwardly to Point Clear Light #4, then running southeastwardly to the northern most piling placed by the Marine Resources Division marking Zundel’s Landing artificial reef, then running eastwardly along the northern remnants of Zundel’s Wharf to the store.

(2) "Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as defined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.

(3) The penalty for the violation of this regulation shall be as provided for in §9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-12-54.6, as amended by Act No. 2000-737, Acts of Alabama.

History: New Rule (PE): Filed March 21, 2001; effective March 21, 2001.

PENALTY: As provided by in §9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.

220-3-.54 Temporary Closed Seasons To Oystering – West Fowl River Area. (Repealed)

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule (PE): Filed April 27, 2001; effective April 27, 2001. Repealed (PE): Filed November 21, 2001; effective November 21, 2001.

PENALTY: As provided by law.

(1) Effective 6:00 a.m., Saturday, June 30, 2001, the following waters, temporarily closed to commercial shriming, shall be open to the taking of live saltwater bait by licensed live saltwater bait catchers only:

(a) All waters in Mississippi Sound east of a line from Gulf Intracoastal Waterway (GIWW) Marker #19 running southward to Tall Range D, thence to the western edge of the mouth of Heron Bayou on Dauphin Island, and west of the Dauphin Island bridge and south of the GIWW, locally referred to as Aloe Bay; provided that, when the closed area is opened to commercial shrimping, that area shall also be open to licensed saltwater bait catchers.

(2) The penalty for the violation of this regulation shall be as provided for in Code of Ala. 1975, §9-12-54.6.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-12-54.1, 9-12-54.4, 9-12-54.6.

History: New Rule (PE): Filed May 10, 2001; effective May 12, 2001. Amended (PE): Filed June 28, 2001; effective June 30, 2001.

220-3-.59 Temporary Closed Season To Oystering – Heron Bayou Area. (Repealed 6/9/04)

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-2-4.1, 9-2-7, 9-2-8, 9-2-12.

History: New Rule (PE): Filed August 30, 2001; effective August 30, 2001. Repealed (PE): Filed June 9, 2004; effective June 9, 2004.

220-3-.60 Closed Net Fishing Season For The Taking Of Florida Pompano. From January 1 through Labor Day of each year, there is hereby established a closed fishing season for the taking or attempting to take Florida pompano by the used of any gill net, entangling net, seine, or cast net, in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42; provided, however, that gill net fisherman targeting other fish, in waters open to netting as provided by Rule 220-3-.03, shall be allowed to keep an incidental bycatch of Florida pompano totaling no more than five percent (5%) by weight of other fishes taken.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule (PE): Filed April 29, 2002; effective April 29, 2002.

PENALTY: As provided by law.

(1) Effective 12:01 a.m., January 1 through June 30, of each year, the following waters shall be open exclusively to the commercial and recreational taking of live saltwater bait:

Beginning at Mullet Point Park ramp, herein defined as 30° 24.98’N and 87° 54.52’W, then running southwesterly to Tall Range ‘2’, then southwardly to 30° 23.72’N and 87° 55.33’W, then running due east to terminate on shore.

(2) "Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as defined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.

(3) The penalty for the violation of this regulation shall be as provided for in §9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.

Author: Riley Boykin Smith

Statutory Authority: Code of Ala. 1975, §9-12-54.6.

History: New Rule (PE): Filed May 8, 2002; effective May 8, 2002.

PENALTY: As provided for in §9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.

(a) There is hereby established a one day closed shrimping season for the taking or harvesting of shrimp in the Mobile Ship Channel and within a one half (1/2) mile buffer zone on each side of the channel in Mobile Bay from 12:01 a.m. to 12:00 midnight on July 4, 2002.

(b) There is hereby established a one day closed fishing season for the taking or harvesting of crabs with crab traps (recreational or commercial) within a one half (1/2) mile buffer zone on each side of the Mobile Ship Channel in Mobile Bay from 12:01 a.m. to 12:00 midnight on July 4, 2002. All crab traps (recreational and commercial) shall be removed from the closed area prior to the closure.

(c) There is hereby established a six day closed fishing season for the taking or harvesting of crabs by the use of crab traps (recreational or commercial) in any waters of the state of Alabama under the jurisdiction of the Marine Resources Division North and West of a line running eastwardly along the southern edge of the Arlington Channel of Mobile Ship Channel Marker #78 then northeastwardly to the southeast point of Little Sand Island then northeastwardly to the intersection of the Interstate Highway 10 with State Highway 90 Battleship Parkway. This closure shall begin at 12:01 a.m. on July 2, 2002 and end at 12:00 midnight on July 7, 2002. All crab traps (recreational and commercial) shall be removed from the area prior to the closure.

(d) There is hereby established a two day closed fishing season for the taking or harvesting of crabs by the use of crab traps (recreational or commercial) in any waters of the state of Alabama under the jurisdiction of the Marine Resources Division inside a line running from the East end of Dauphin Island at Fort Gaines southwest to the southeast tip of Pelican Island then northward along the contour of the South side of Pelican Island to the northern most point of Pelican Island then North to the end of the Dauphin Island Park and Beach Board Fishing Pier Island then following the East side of the pier to its intersection with Dauphin then eastward along the contour of Dauphin Island to the East end of Dauphin Island at Fort Gaines. This closure shall begin at 12:01 a.m. on July 3, 2002 and end at 12:00 midnight on July 4, 2002. All crab traps (recreational and commercial) shall be removed from the area prior to the closure.

Author: Richard C. Liles

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8.

History: New Rule (PE): Filed June 14, 2002; effective June 14, 2002.

PENALTY: As provided by law.

(1) Effective 6:00 a.m., Monday, September 23, 2002, the following waters, temporarily closed to commercial shrimping, shall be closed to the taking of live saltwater bait by licensed live saltwater bait catchers:

All waters in Mississippi Sound north of a line beginning at the Mississippi State Line running east to the eastern tip of the South Rigolets (30º21.120’N, 88º23.490’W) then northeast to the southern tip of Point aux Pins (30º22.271’N, 88º18.888’W) then southeast to the charted position of Marker #19 in the Bayou La Batre Ship Channel and then southeast to the southern tip of Coffee Island (30º19.423’N, 88º15.331’W). Waters will reopen to bait catchers when they open to commercial shrimping.

(2) The penalty for the violation of this regulation shall be as provided for in §9-12-54.6, Code of Ala. 1975.

Author: Richard C. Liles

Statutory Authority: Code of Ala. 1975, §§9-21-54.1, 9-12-54.4, 9-12-54.6.

History: New Rule (PE): Filed September 20, 2002; effective September 23, 2002.

PENALTY: As provided for in §9-12-54.6, Code of Ala. 1975.

220-3-.64 Closed Fishing Season/Area – Little Lagoon. There is hereby established a closed fishing season/area in Little Lagoon to the taking or attempted taking of any saltwater fish, shrimp, or other seafood species, by the use of a commercial gill net, or by the use of a shrimp trawl that exceeds sixteen feet as measured across the cork line or main top line.

It shall be illegal in Little Lagoon to use a recreational gill net from sunset to sunrise, to use a recreational gill net with a mesh size of less than one and one-half (1 ½) inches knot to knot, or to use a recreational gill net from October 1 through April 30^th. All persons utilizing a recreational gill net in Little Lagoon shall, in addition to any license required by law, be required to obtain and possess a special use permit from the Director of the Marine Resources Division or his designee, which permit shall expire seven (7) days from the date of issuance. The said permit shall be obtained during regular business hours.

Gill and trammel nets operated in the waters of Alabama under the jurisdiction of the Marine Resources Division as provided by Rule 220-2-.42 must be constantly attended by the person licensed or permitted to operate the net.

Author: M. Burnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8.

History: New Rule (PE): Filed January 17, 2003; effective January 17, 2003. Amended: Filed July 18, 2003; effective August 22, 2003.

PENALTY: As provided by law.

220-3-.65 Temporary Closed Season To Oystering – New Reef In Portersville Bay. (Repealed)

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8.

History: New Rule (PE): Filed April 24, 2003; effective April 24, 2003. Repealed (PE): Filed May 13, 2004; effective May 13, 2004.

PENALTY: As provided by law.

220-3-.66 Open Season/Area For The Taking Of Live Saltwater Bail – Certain Areas Off Of Dauphin Island Bay. Effective 12:01 a.m., June 1, 2003, the following waters shall be open exclusively to the commercial and recreational taking of live saltwater bait:

Buchanan Bay, Confederate Pass, British Bay, Columbia Bay, Colony Bay (Colony Cove), Spanish Bay, Barcelona Bay

"Live saltwater bait" is defined as any aquatic animal which is used or may be used as bait for any fishery within the jurisdiction of the Marine Resources Division as fined by Rule 220-2-.42. This includes but is not limited to fish, shrimp, and crabs.

The penalty for the violation of this regulation shall be as provided for in §9-12-54.7, Code of Ala. 1975, as amended by Act No. 2000-737, Acts of Alabama.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-21-54.6, as amended by Act No. 2000-737, Acts of Alabama

History: New Rule (PE): Filed May 21, 2003; effective May 21, 2003.

PENALTY: As provided by law.

(1) A special oyster dredge season and sack limit is hereby established for persons licensed under Section 9-12-87, Code of Ala. 1975, and permitted under Rule 220-3-.02(5), in accordance with the following times, places, manners and means:

(a) The area described as the New Reef and the Hard Reef in Portersville Bay within the following boundaries:

The New Reef located east of Coffee Island (Isle Aux Herbes) in Portersville Bay delineated by corner pilings at (1) 30° 21.674 - 88° 15.113, (2) 30° 21.670 - 88° 15.202, (3) 30° 21.236 - 88° 15.206, (4) 30° 21.236 - 88° 15.102.

The Hard Reef located east of Coffee Island (Isle Aux Herbes) and southeast of Coden Bayou in Portersville Bay delineated by corner pilings at (1) 30° 21.068 - 88° 14.022, (2) 30° 21.152 - 88° 13.897, (3) 30° 21.120 - 88° 13.763, (4) 30° 21.032 - 88° 13.738, (5) 30° 20.942 - 88° 13.707.

(2) There shall be a limit of 16 sacks of oysters per boat per day; provided further no licensed oyster catcher may move to another boat or transfer his catch to, or place his catch in another boat for purposes of avoiding the requirements of this regulation. A boat towed to or from the public oyster reefs and upon which oysters are transported from the public oyster reefs shall be considered as part of the towing boat for purposes of the daily limit of sixteen (16) sacks per boat, unless a properly licensed and permitted oyster catcher or catchers remains on board the boat at all times while on the public oyster reefs or transporting oysters from the public oyster reefs. No licensed and permitted oyster catcher may take or possess more than sixteen sacks of oysters per day.

(3) All oysters taken from stated special dredge area must be landed and tagged at oyster management station established by the Marine Resources Division. All tags for sacks of oysters taken from the special dredge area must be purchased at the management station.

(4) All oysters shall be culled upon the reef from which they were taken. No oysters shall be culled or sacked on board a boat in waters closed to the harvesting of oysters. No oysters from a public reef shall be culled upon a private reef.

(5) The special oyster dredge season shall be closed utilizing a public notice by the Director of the Marine Resources Division at such time that it is determined by biological surveys and landings data that the oyster resources are in decline.

(6) It shall be unlawful to possess oysters taken from a private lease and oysters taken from a public reef on board a boat at the same time.

(7) It shall be unlawful not to comply with all stated requirements on the written permit allowing oyster dredges required by Rule 220-3-.02(5).

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-87.

History: New Rule: Filed August 18, 2004; effective September 22, 2004.

PENALTY: As provided by law.

220-3-.75 Emergency Closed Recreational And Commercial Fishing Season. Until further official notification by the Commissioner of Conservation and Natural Resources, all recreational and commercial fishing activities in the public waters south of I-10 are hereby closed. The penalty for the violation of this regulation shall be as provided by law.

Author: M. Barnett Lawley

Statutory Authority: Code of Ala. 1975, §§9-2-4, 9-2-7, 9-2-8, 9-2-12.

History: New Rule (PE): Filed September 20, 2004; effective September 20, 2004.

PENALTY: As provided by law.