Ala. Admin. Code r. 220-3-.35

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

Section 220-3-.35 - Seafood Reporting And Landing Regulation

(a) Section 9-12-115, Code of Ala. 1975, as amended by Section 4 of Act No. 95-287 (Regular Session, 1995), requires that each and every person, firm, or corporation holding a seafood dealer's license issued by the commissioner of conservation and natural resources or his or her authorized agent shall under oath make a monthly report to the Director of the Marine Resources Division, on blanks provided for that purpose by the Director. Such reports are required by the above cited act to be in the hands of the Director by the tenth of each month for the preceding month. Pursuant to Section 9-12-115, seafood dealers are hereby required to complete Alabama trip tickets provided by the Director of the Marine Resources Division in order to comply with gulf-wide trip tickets. The provisions of this paragraph (a) are adopted pursuant to the authority of Section 9-12-115, Code of Ala. 1975.

(b) In addition, as a requirement of this regulation, seafood dealers shall report, on said monthly reports, the fisherman's name and valid license or permit number and shall also show in detail on the dealer portion of the form weight according to any other applicable standard, dealer license number, port and county product was landed, date of purchase, unit price paid to fisherman, condition of product and count or market grade of purchased seafood product during the preceding month. The fisherman is required to provide to the dealer complete and accurate information necessary for the completion of the fisherman portion by the dealer on said forms, as a requirement of this regulation; including, but not limited to, any other information regarding finfish, as well as any information regarding commercially harvested seafoods (as defined by § 9-2-80, Code of Ala. 1975) other than saltwater finfish taken from Alabama waters (including, but not limited to, oysters, crabs, shrimp, other marine invertebrates and live rock), such as date and area of harvest, trip and fishing time, proper vessel identification, type, quantity, and size of gear used, and applicable mesh size (if any) of gear used. Both the seafood dealer and the fisherman are required to verify the accuracy of the said reports by signing and/or initialing each report or signing and/or initialing approved dock ticket/invoice in conjunction with Alabama's electronic trip ticket program as directed by the Director of the Marine Resources Division. The seafood dealer shall make available a signed copy of the said report for the fisherman within seventy-two hours upon the completion of each transaction. In addition, within seventy-two hours of each transaction seafood dealers shall provide said reports that are signed and/or initialed or approved dock ticket/invoice signed and/or initialed by seafood dealer and fisherman immediately upon the request of a conservation enforcement officer or other authorized agent. A transaction is defined as the time in which a seafood dealer takes possession of said products. The copy of each completed report shall be retained by the dealer at the place of business for a minimum of ninety days following submission. The information required by this paragraph shall be submitted to the Director of the Marine Resources Division by the tenth of each month for the preceding month.

(1) Persons, firms, or corporations, including restaurants, purchasing seafoods (as defined by § 9-2-80, Code of Ala. 1975) for commercial purposes from a resident or nonresident seafood dealer shall maintain the bill of sale or other proof of purchase which shall show the dealer's name and address, species, pounds of each species purchased, and date of purchase. Such record(s) shall be retained by the dealer at the place of business for a minimum of ninety days after the product is no longer in possession.

The provisions of this paragraph (b) and subparagraph (b) (1) are adopted pursuant to the authority of Section 9-2-4, Code of Ala. 1975, and violations of which are punishable as provided by Section 9-1-4, Code of Ala. 1975.

(c) Section 9-12-115.1, Code of Ala. 1975, requires that all saltwater finfish commercially harvested in the State of Alabama, except those lawfully taken by purse seine, shall be landed in this state and reported through a properly licensed Alabama seafood dealer. For purposes of compliance with the provisions of said Section 9-12-115.1, as well as for the purposes of compliance with all provisions of this regulation other than paragraph (d) hereof, "landed" is defined as "the act of physical delivery of the finfish to a properly licensed Alabama seafood dealer." Persons who are transporting commercially harvested saltwater finfish out of the State of Alabama must have in their possession proof that said finfish were first landed and reported to a licensed Alabama seafood dealer. Said proof shall be in the form of a bill of sale, receipt or trip ticket showing the pounds of finfish purchased, the species purchased, fisherman's name and license or permit number, the name of the seafood dealer, date of harvest, and date of purchase.

(1) Fish taken in jurisdictions outside the State of Alabama may be transported through the State provided the person transporting the fish has proof that he or she is duly licensed or permitted in the jurisdiction from which the fish were caught and further proof in the form of a vessel log that the fish were taken in the jurisdiction in which he or she is duly licensed or permitted.

(2) Other persons transporting seafoods, including common or contract carriers, for commercial purposes, except a commercial fisherman transporting his or her catch to a seafood dealer, in or through the State of Alabama shall have in his or her possession a bill of sale or other proof of purchase showing the shipper's name and address, species, pounds of each species, date shipped, and purchaser's name and address.

The provisions of this paragraph (c) and subparagraphs (c)(1) and (c)(2) are adopted pursuant to the authority of Section 9-2-4, Code of Ala. 1975, and violations of which are punishable as provided by Section 9-1-4, Code of Ala. 1975.

(d) Commercially harvested seafoods (as defined by § 9-2-80, Code of Ala. 1975) other than saltwater finfish and oysters taken from Alabama waters including, but not limited to, crabs, shrimp, other marine invertebrates and live rock, may be landed outside the State of Alabama provided the resident or nonresident Alabama commercial fisherman reports the following information at monthly intervals on blanks provided by the Marine Resources Director: the fisherman's name and license or permit number, the species purchased, the volume and price paid for the product, date and area of harvest and date of purchase; provided that if a licensed Alabama seafood dealer outside the State of Alabama to which product was sold properly reports such information required, the fisherman shall be exempt from this requirement. The provisions of this paragraph (d) are adopted pursuant to the authority of Section 9-12-115.1, Code of Ala. 1975, and violations of which are punishable as provided by Section 9-12-115.1, Code of Ala. 1975.

(e) A commercial fisherman transporting said commercially harvested seafoods as defined in the immediately preceding paragraph harvested in Alabama waters shall have in his or her possession proof that he or she is legally licensed to harvest said seafoods from the State of Alabama, and upon request, provide the name of the dealer to which the seafoods are to be sold.

(f) All records required by this regulation shall be maintained at the place of business where seafoods are located and shall be available for inspection immediately upon the request of a conservation enforcement officer or other authorized agent. All records dealing with the purchase or sale of redfish (Sciaenops ocellata) and/or spotted seatrout (Cynoscion nebulosus) from other states or countries must be retained for ninety days.

(g) All motor vehicles, trailers, or semi-trailers transporting seafoods (as defined by § 9-2-80, Code of Ala. 1975) for commercial purposes except commercial fishermen transporting his or her catch to a seafood dealer are required to exhibit the inscription "FISH" on the rear of the vehicle. The inscription shall read from left to right, be attached or painted on the vehicle in block Arabic letters of good proportion in contrasting color to the background and be at least 6 inches in height. A common or contract carrier hauling said seafoods for a seafood dealer is not required to mark his vehicle provided the common carrier does not own or have part ownership of the said seafoods.

(h) All fish and other seafoods in possession on the premises of the seafood dealer or seafood dealer vehicle shall be deemed to be used for commercial purposes only and a bill of sale or other proof of purchase as required by this regulation shall be maintained by the seafood dealer.

(i) The provisions of paragraphs (e), (f), (g), and (h), are adopted pursuant to the authority of Section 9-2-4, Code of Ala. 1975, violations of which are punishable as provided in Section 9-1-4, Code of Ala. 1975."

Ala. Admin. Code r. 220-3-.35

New Rule: Filed January 22, 1996; effective February 27, 1996. Amended: Filed August 11, 1998; effective September 16, 1998. Amended: Filed July 18, 2003; effective August 22, 2003.

Author : M. Barnett Lawley

Statutory Authority:Code of Ala. 1975, § 9-2-4, Section 5 of Act No. 95-287.