Section 9-12-20 Ownership and control of seafoods. All seafoods existing or living in the waters of Alabama not held in private ownership legally acquired and all beds and bottoms of rivers, streams, bayous, lagoons, lakes, bays, sounds and inlets bordering on or connecting with the Gulf of Mexico or Mississippi Sound within the territorial jurisdiction […]
Section 9-12-21 “Natural oyster reef” defined. A natural oyster reef is declared and defined as not less than one acre in continuous area of any bottoms of any bay, sound, bayou, creek, inlet or any other body of salt or brackish water on which oysters grow naturally, or have grown naturally, in quantity sufficient to […]
Section 9-12-22 Right of owners of land fronting public waters to plant and gather oysters. All the beds and bottoms of the rivers, bayous, lagoons, lakes, bays, sounds and inlets within the jurisdiction of the State of Alabama are the property of the State of Alabama to be held in trust for the people thereof, […]
Section 9-12-23 Cancellation of leases of riparian bottoms; appeals. Should any privately leased riparian bottoms be subsequently determined to be natural oyster reefs, said lease or leases shall be canceled by the Commissioner of Conservation and Natural Resources; and, from the ruling so cancelling such lease or affecting the riparian rights, any person aggrieved may […]
Section 9-12-24 Authority and procedure for leasing of bottoms in natural oyster reefs; cancellation and forfeiture of leases; disposition of proceeds from leases. In addition to the powers heretofore enumerated, the Commissioner of Conservation and Natural Resources shall have power to lease to any citizen of Alabama or firm or corporation organized under the laws […]
Section 9-12-25 Removal of oysters by lessees upon forfeiture of lease; regulations for protection of rights of lessees. Upon forfeiture of a lease, the lessee may, in the reasonable discretion of the Commissioner of Conservation and Natural Resources, be allowed additional time to remove from said leased parcel as may seem proper, upon such terms […]
Section 9-12-26 Dragging of seines over public reefs or private oyster grounds. It shall be unlawful to drag any seines over the public reefs or private oyster grounds in this state. (Acts 1919, No. 259, p. 242, § 10; Code 1923, §2746; Code 1940, T. 8, §122.)
Section 9-12-27 Standard measures for oysters and shrimp; possession, use for purchase or sale, etc., of nonstandard measures for oysters or shrimp; inspections. (a) A standard measure for oysters is established which shall consist of a tub or other round vessel of the following dimensions: It shall measure 17 inches in diameter, inside at the […]
Section 9-12-28 Oysters management stations; harvest records. The Commissioner of Conservation and Natural Resources may establish by rule oyster management stations to be used by persons or boats harvesting or landing oysters taken from the public reefs or public water bottoms of this state. The oyster management stations so established in conjunction with other locations […]
Section 9-12-29 Patrol boats. The Department of Conservation and Natural Resources shall provide the necessary patrol boats and shall appoint a deputy inspector for each patrol boat who shall be a seafaring man, competent to act as captain of the boat on which he may be assigned, and the Department of Conservation and Natural Resources […]
Section 9-12-30 Patrolling of private oyster reefs. The Director, Marine Resources Division, Department of Conservation and Natural Resources is hereby authorized and it shall be his duty to patrol or cause to be patrolled from time to time as he may see fit all those areas in Alabama territorial waters upon which are located private […]
Section 9-12-31 Boarding of boats, etc., and entrance into places of business to investigate compliance with laws. The Department of Conservation and Natural Resources or its duly authorized agent or agents shall have authority to board any boat, barge or other watercraft which is engaged in the taking or catching of oysters or shrimp or […]
Section 9-12-32 Surveys and marking of private reefs; filing of plats and lists of agents and permittees; agents and permittees to carry permits. It shall be the duty of each owner or lessee of any private reef to have established an accurate survey by a registered surveyor of the bottoms, beds, or reefs under his […]
Section 9-12-33 Culling and sacking of oysters. (a) All oysters taken from the public reefs of this state shall be culled and sacked, and each sack tagged and identified in accordance with the requirements of the rules of the state Department of Public Health, prior to leaving the public reefs or water bottoms where taken […]
Section 9-12-34 Taking of seed oysters from public reefs; designation of seed oyster fishing areas, etc. Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010. (Acts 1936-37, Ex. Sess., No. 169, p. 192, §10; Code 1940, T. 8, §132; Acts 1961, Ex. Sess., No. 105, p. 2026, §1.)
Section 9-12-35 Cultivation, transplantation, or replanting of public reefs. The Director of the Marine Resources Division, or his or her agents, under the direction and control of the Department of Conservation and Natural Resources, may cultivate, transplant, or replant the public reefs of the state or may employ boats, crews, and laborers to cultivate or […]
Section 9-12-36 Taking of oysters by use of mechanical devices at night. It shall be unlawful for any person, firm or corporation to fish, catch or take oysters from any of the oyster reefs in the State of Alabama by the use of any tongs, dredge, rake or other mechanical device during the hours between […]
Section 9-12-37 Use of mechanical rake dredges, etc., dredge license. Owners of private oyster reefs, beds, or bottoms and the lessees or designated permittees of such reefs, beds, or bottoms may use any mechanical means at their disposal and at any time between the hours of sunrise and sunset, including the use of mechanical rake […]
Section 9-12-38 Laws and regulations governing operators of private reefs utilizing seed oysters from public reefs; notice of location and disposition of seed oysters on private reefs. Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010. (Acts 1959, No. 632, p. 1538, §2.)
Section 9-12-39 Purchase of seed oysters from public reefs by private individuals, etc. Repealed by Act 2010-699, p. 1692, §2, effective July 1, 2010. (Acts 1959, No. 632, p. 1538, §3; Acts 1961, Ex. Sess., No. 107, p. 2027, §1.)
