US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Code of Alabama » Title 9 - Conservation and Natural Resources. » Chapter 12 - Marine Resources. » Article 2 - Seafoods. » Division 2 - Licenses Generally. » Section 9-12-82 – License Required for Taking of Oysters for Commercial Purposes; Penalty; Aquaculture License; Disposition of Funds.

Section 9-12-82

License required for taking of oysters for commercial purposes; penalty; aquaculture license; disposition of funds.

(a) Before any person engages in the taking or catching of oysters from the waters or bottoms of the State of Alabama, the person shall first purchase an annual oyster catcher license. The license shall expire annually on September 30 and shall be twenty-five dollars ($25) . However, persons may take for personal, noncommercial purposes, from waters opened to commercial oystering, not more than 100 oysters per day without purchasing an oyster catcher license.

(b) Before any oyster aquaculture site or facility permitted by the state Department of Public Health engages in the taking of oysters from the waters or bottoms of this state, the oyster aquaculture permittee shall first purchase an annual oyster aquaculture license. The license shall allow employees of the aquaculture facility to engage in harvesting and sorting of oysters or to conduct other approved activities for the licensed facility without possessing an individual oyster catcher license. Authorized employees shall meet the requirements for harvest in accordance with all other rules of the Department of Conservation and Natural Resources and the state Department of Public Health. The license shall expire annually on September 30 and shall be two hundred fifty dollars ($250).

(c) A violation of this section shall be a Class C misdemeanor.

(d) The proceeds from the sale of the license shall be deposited to the credit of the Marine Resources Fund and the license shall expire on September 30 of each year.

(Acts 1953, No. 796, p. 1089, §1; Acts 1981, No. 81-850, p. 1528, §1; Acts 1984, 2nd Ex. Sess., No. 85-48, p. 71, §1; Acts 1988, No. 88-577, p. 897, §2; Act 2018-452, §1.)