Alabama Administrative Code
Title 220 - ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
Chapter 220-3 - MARINE RESOURCES DIVISION
Section 220-3-.12 - Red Drum and Spotted Sea Trout Game Fish Regulation
Universal Citation: AL Admin Code R 220-3-.12
Current through Register Vol. 43, No. 02, November 27, 2024
(1) Red Drum and Spotted Sea Trout.
(a) No person may possess or transport for
the purpose of sale a red drum or spotted sea trout.
(b) No person may sell or offer for sale a
red drum or spotted sea trout.
(c)
No person may purchase or offer to purchase for resale a red drum or spotted
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. "Red drum" means sciaenops ocellata and
includes all parts of that fish.
2.
"Spotted sea trout" means cynoscion nebulosus and includes all parts of that
fish.
(f) Paragraph (1)
applies to the possession, transportation, sale, and purchase of red drum or
spotted sea trout without regard to where the fish was caught, but does not
apply to:
1. The transportation and possession
of red drum or spotted sea trout lawfully caught outside this state and
transported by common carrier from outside this state to a point of delivery
outside this state;
2. Red drum or
spotted sea trout that are raised by a licensed fish farmer in a private pond,
within the state of Alabama, 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 red drum or spotted sea trout, transported or sold, 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 red drum or spotted 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 red drum or spotted 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 red drum or spotted 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).
1. A person who claims to possess a red drum
or spotted sea trout under an exemption provided by subparagraph (f) of
paragraph (1) commits an offense if:
(i) 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 red drum or spotted sea trout; or
(ii) 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 red drum or spotted sea trout.
2. No person who is using a trawl,
net, or seine for commercial or recreational purposes may retain a red drum or
spotted sea trout caught in the trawl, net, or seine. The fish shall be
immediately returned to the waters from where they came with the least possible
injury to the fish.
Authors: Christopher M. Blankenship
Statutory Authority: Code of Ala. 1975, §§ 9-2-4, 9-2-7, 9-2-8, 9-2-12.
PENALTY: As provided by Code of Ala. 1975, § 9-1-4.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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