Current through Register Vol. 43, No. 02, November 27, 2024
(1) Shrimping is
regulated by the Commissioner of Conservation and Natural Resources under
authority of Code of Ala. 1975, Section
9-2-4.
(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) Individuals taking shrimp, for
recreational purposes, in an area open to commercial shrimping by means of a
cast net and without the use of a boat, are limited to no more than five (5)
gallons of shrimp with heads on per person per day.
(4) The taking, catching or attempting to
take or catch shrimp by trawl, seine, cast net or by any means whatsoever, or
the taking, catching or attempting to take or catch any other seafoods by use
of a trawl, for any purpose is prohibited in the following Nursery Areas:
(a) Portersville Bay which is defined as
those waters north of a line extending from Barron Point on Mon Louis Island
(30°19.110'N - 88°11.519'W), thence to the south shore of Marsh Island
(30°19.201'N - 88°13.473'W) thence to the south shoreline of the Isle
aux Herbes (Coffee Island) (30°19.466'N -88°15.346'W)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 (30°22.008'N -
88°15.543'W).
(b) Heron Bay
which is described as that body of water lying north of a line extending from
Barry Point on Mon Louis Island (30°19.883'N - 88°08.999'W) south
southeast to Cedar Point (30°18.594'N - 88°08.278'W).
(c) That portion of Mississippi Sound north
of the Intracoastal Waterway and east of a line extending from Barron Point on
Mon Louis Island (30°19.110'N - 88°11.519'W), southeasterly to Range
Marker "D" on the Intracoastal Waterway.
(d) All of Weeks Bay, except 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 (30°40.033'N - 88°01.647'W) and
running due west to a point on the mainland (30°39.952'N
-88°02.002'W).
(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 the center of Mayday Pier (30°35.966'N
- 87°54.85'W) 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) Pursuant to Section
9-12-46,
Code of Ala.
1975, from 6:00a.m. August 15 each year until 6:00 a.m. October 1
each year, 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 non-commercial purposes not to exceed one gallon of shrimp per person per
day.
(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 (30°21.120'N - 88°23.490'W) then
northeast to the southwest tip of Point Aux Pins (30°22.271'N
-88°18.888'W) 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
30°20.785'N - 88°15.721'W.
(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 the charted position of channel marker #12 in
Terry Cove.
(5)
Exclusive bait shrimping areas are permanently closed to commercial
shrimping.
(6) It shall be unlawful
to wash a trawl or net by pulling it or dragging it in any waters closed to
shrimping.
(7) 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.
(8) Unless
otherwise provided, it shall be unlawful to use trawls or seines except as
follows:
(a) Recreational shrimp trawls --
The size, and number, of recreational shrimp 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).
(b) Live
saltwater bait trawls - The size, and number, of live saltwater bait trawls
shall be limited to one net per boat, the size of which shall not exceed fifty
(50) feet as measured across the cork line or main top line except in an area
that is temporarily closed to shrimping or in a designated live bait area the
trawl shall not exceed sixteen (16) feet along 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 transferring bait shrimp
into the live bait tank.
(c)
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.
(d) 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 (8) (a), (8) (b) and (8)(c) above.
(9) 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) A permanently erected building
on land from which fishing bait and fishing supplies and tackle are sold to the
public; or
(b) A vessel that sells
live or dead saltwater bait (excluding shrimp) to the public. It shall be
unlawful for a vessel that sells live or dead saltwater bait (excluding shrimp)
that is a place of business to take, possess, or sell live or dead shrimp. Such
vessel shall meet the requirements for a boat facility, shall provide a
physical address where vessel will be docked or stored, shall not possess or
attempt to use a trawl and shall make vessel immediately available for
inspection. No live bait catcher boat that is licensed under such vessel that
is a place of business may take or possess live or dead shrimp or possess or
attempt to use a trawl to take bait. No transport truck that is licensed under
such a vessel that is a place of business may transport or possess live or dead
shrimp. Such vessel that is a "place of business", and all catcher boats and
transport trucks licensed under such vessel shall have the words "Live Bait -
No Shrimp" in letters at least six inches high on the port and starboard sides
of the vessel or vehicle; or
(c) A
vessel that sells live or dead saltwater bait (including shrimp) from a
designated location to the public. Such vessel shall notify the Marine
Resources Division of the GPS location of such designated location where live
or dead saltwater bait will be sold, shall notify the Marine Resources Division
at least 10 working days prior to utilizing or moving such location, shall
designate only one location, shall only sell live or dead saltwater bait from
the designated location, shall meet all requirements for a shore facility and a
boat facility, shall provide a physical address where the vessel will be docked
or stored, shall not possess or attempt to use a trawl, and shall make vessel
immediately available for inspection. Such vessel that is a place of business
shall have the words "Live Bait - For Sale" in letters at least six inches high
on the port and starboard sides of the vessel.
(d) Notwithstanding the provisions of (b) and
(c) immediately above, no vessel shall constitute a "place of business"
hereunder if it is in violation of Rule
220-4-.08 of the Alabama
Administrative Code.
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.
(10) 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.
(11) 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.
(12) 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.
(13) Live bait dealers shall only purchase
live bait from inspected vehicles or vessels assigned to a licensed resident or
non-resident Alabama live saltwater bait dealer.
(14) Pursuant to Section
9-12-46, Code of Ala.
1975, all inside waters of the State of Alabama, as defined by
rule 220-3-.04, shall be closed to all
commercial and recreational shrimping at 6:00 a.m. on May 1 of each year and
all inside waters not permanently closed shall be opened to commercial and
recreational shrimping at 6:00 a.m. on June 1 of each
year.
Author: N. Gunter Guy, Jr.
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.
PENALTY: As provided by
law.