Ala. Admin. Code r. 220-3-.12
Current through Register Vol. 42, No. 10, July 31, 2024
Section 220-3-.12 - Red Drum and Spotted Sea Trout Game Fish Regulation(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; or3. 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.Ala. Admin. Code r. 220-3-.12
Effective July 23, 1985. Amended: Effective July 23, 1986; October 22, 1992.Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 10, July 31, 2015, eff. 8/10/2015.Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/1/2019.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.