Ala. Admin. Code r. 220-3-.80

Current through Register Vol. 43, No. 1, October 31, 2024

Section 220-3-.80 - Oyster Shell Management Fee Regulation

(1) All oysters taken from the public reefs of Alabama under a commercial oyster license shall be sold to a Certified Shellfish Dealer. The oyster harvester shall declare at the Oyster Management Station each day which Certified Shellfish Dealer to whom he shall sell his shellstock. If he sells to other than the dealer he declares, he shall notify the Marine Resources Division Office at Dauphin Island, Alabama, by the close of business on the day of harvest. Pursuant to Section 9-12-42, Code of Ala. 1975, the Marine Resources Division hereby establishes a shell fee of two (2) dollars per sack or container of oysters harvested from the public reefs of Alabama. The fee shall be paid by the seafood dealer who purchased the oysters directly from the harvester. The fee shall be calculated from both oyster harvest records and Alabama Trip Tickets and shall be paid on a quarterly basis. The payment will be due no later than one month after the end of the previous quarter.

(2) Any person, firm, corporation, or association obligated to pay the shell fee who fails to remit the fees to the Marine Resources Division by the prescribed date, will be subject to the civil and criminal penalty provisions as prescribed in Section 9-12-42.

New Rule: Filed November 24, 2010; effective December 29, 2010.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/23/2017.

Author: N. Gunter Guy, Jr.

Statutory Authority:Code of Ala. 1975, § 9-12-42.

PENALTY: As provided by law.