Ala. Admin. Code r. 220-3-.25

Current through Register Vol. 43, No. 02, November 27, 2024

Section 220-3-.25 - Commercial Taking and Landing of Gulf Reef Fish Species

(1) To the extent provided herein, effective immediately, Alabama waters shall be open to the commercial taking of a Gulf Reef Fish species during such period of time that the federal waters (adjoining Alabama waters) are opened to the commercial harvest of that Gulf Reef Fish species, Commercial fisherman landing Gulf Reef Fish in Alabama shall have in their possession a valid Alabama Commercial Hook and line License. Commercial vessels which hold a valid federal commercial vessel permit for Gulf reef fish and a valid individual fishing quota allocation, if required for that species, may land in Alabama Gulf Reef Fish, taken from Alabama waters, provided such commercial fishermen are validly licensed under Alabama law to take such fish from Alabama waters. Alabama waters shall otherwise be closed to the commercial taking of Gulf Reef Fish.

(2) An authorized dealer shall be defined as a dealer licensed under Code of Ala. 1975, § 9-12-125 and that has a federal permit and/or endorsement for the National Marine Fisheries Service to purchase those reef fishes managed under an individual fishing quota. Only authorized dealers shall purchase those reef fishes managed under an individual fishing quota. It shall be illegal for a commercial fisherman to sell those reef fishes managed under an individual fishing quota to anyone except an authorized dealer. The operator of those vessels permitted hereunder to land Gulf Reef Fish, shall be required to present to any authorized seafood dealer or other legally authorized person purchasing same, their federal vessel permit and license; and said purchaser shall examine the said vessel permit and license before purchasing any Gulf Reef Fish, and said dealer or purchaser is prohibited (a) from purchasing Gulf Reef Fish from any person who does not present a federal vessel permit and license, (b) from purchasing any Gulf Reef Fish in amounts exceeding their individual fishing quota allocation, and (c) required to maintain harvest records by name of vessel, date, permit number, and pounds per trip of Gulf Reef Fish purchased from said person(s). Such records must be retained for at least one year after receipt date and must be available for inspection immediately upon the request of a conservation enforcement officer or other authorized agent(s).

(3) Commercial fisherman landing Gulf Reef Fish in Alabama that are managed under an individual fishing quota shall abide the provisions of 50 CFR Part 622 for the landing, offloading, transporting and reporting of Gulf Reef Fish.

(4) During such period of time that the federal waters (adjoining Alabama waters) are closed to the commercial harvest of a Gulf Reef Fish species, the commercial harvest of that Gulf Reef Fish species shall also be closed in Alabama waters.

(5) Gulf Reef Fish shall be defined as the fish listed in Rule 220-3-.46.

(6) Anglers fishing for, retaining, possessing, or landing gulf reef fish species (as defined in Rule 220-3-.46 ) must use non-stainless steel circle hooks when using natural bait.

Ala. Admin. Code r. 220-3-.25

Amended: Effective June 15, 1993. Amended: Filed August 11, 1998; effective September 16, 1998. Amended: Filed May 22, 2007; effective June 26, 2007. Amended: Filed May 14, 2010; effective June 18, 2010.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.

Author: 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 law.