Ala. Admin. Code r. 220-2-.53

Current through Register Vol. 42, No. 12, September 30, 2024

Section 220-2-.53 - Mussel Buyers Required To Report

(1) Standardized receipts must be completed by all resident and non-resident mussel buyers for all mussels purchased in the state of Alabama, including mussels originating from waters outside of the state of Alabama. The receipts shall be completed at the time of transaction and include the signature of the buyer. A copy of the receipt shall be issued to the mussel catcher at the time of transaction. Each receipt must be complete and legible, and include the following and any other information specified by the Commissioner:

(1) buyer's license number; (2) mussel catcher's license number; (3) mussel catcher's name; (4) date of transaction; (5) body of water from which the mussels originated (in the form of numerical codes provided by the Department); (6) species taken (in the form of alphabetical codes provided by the Department); (7) pounds of each species purchased; (8) total pounds of mussels purchased; and(9) amount paid for the mussels. The same standardized receipts shall be used whether the shells originated from the waters of Alabama or another state.

(2) All mussels imported into the state of Alabama by a person, firm or corporation shall be accompanied by a bill of lading which provides the following information:

(1) name of person, firm or corporation importing the mussels;

(2) name(s) of person, firm or corporation that sold the mussels being imported;

(3) date of shipment of mussels being imported;

(4) weight of mussels by species;

(5) origin of shipment; and

(6) destination of shipment. A copy of the bill of lading shall remain with the importing person, firm or corporation and made available to authorized Department employees at any reasonable time.

(3) Each person who purchases mussels shall be at the time of any purchase have proof on his person of possession of a current mussel buyer's license.

(4) Any mussel catcher who exports, or causes to be exported, mussels from the State of Alabama without first going through a buyer shall make payment of 5 cents per pound of mussel shell, with or without meat, to the Division of Wildlife and Freshwater Fisheries before such mussels are exported. Any such shipment shall be accompanied by a bill of lading as prescribed previously in this regulation for mussels imported and a receipt for said payment. A copy of the bill of lading and receipt for payment of tax shall be retained by the mussel catcher for a period of two years and subject to inspection by agents of the Division of Wildlife and Freshwater Fisheries at any reasonable time.

(5) Rule 220-2-.53, as previously promulgated, is hereby repealed in its entirety.

Author: Riley Boykin Smith

Ala. Admin. Code r. 220-2-.53

September 30, 1982. Amended: June 1, 1990; August 20, 1992. Repealed and New Rule: Filed October 12, 1999; effective November 16, 1999. Amended: Filed January 22, 2007; effective February 26, 2007.

Statutory Authority:Code of Ala. 1975, §§ 9-11-371, 9-2-7, 9-2-8, 9-2-12.

PENALTY: As provided by law.